SCAFFOLDING AND LIFTS (AMENDMENT) ACT.

Act No. 3, 1958.

An Act to apply to conveyors those provisions of the Scaffolding and Lifts Act, 1912, as amended by subsequent Acts, that are applicable to lifts; to require additional classes of accidents to be notified to the Chief Inspector of Scaffolding and Lifts; for these and other purposes to amend the said Act, as so amended; to validate certain matters; and for purposes connected there­with. [Assented to, 28th March, 1958.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the "Scaffolding and Lifts (Amendment) Act, 1958".

(2) The Scaffolding and Lifts Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Scaffolding and Lifts Act, 1912-1958.

(3)

(3) This Act shall commence upon a day to be appoin ted by the Governor and notified by proclamat ion published in the Gazette.

2 . The Scaffolding and Lifts Act, 1912-1948, is amended—

(a ) by omit t ing from the m a t t e r re la t ing to P a r t I I I in section one the word " L I F T S " and by inser t ing in lieu thereof the words " L I F T S AND CONVEYORS";

(b) ( i) by omit t ing from section three the definition of " A u t h o r i s e d a t t e n d a n t " and by inser t ­ing in lieu thereof the following definition:—

" A u t h o r i s e d a t t e n d a n t " means a person who is the holder of a certificate of competency issued unde r section eleven of this Act.

(ii) by omit t ing from the definition of " A u t o m a t i c l i f t " in the same section the words " c o m p r i s i ng a car or p la t form running between guides a n d " ;

(iii) by omit t ing from the same definition the words " s u c h car or p l a t f o r m " and by inser t ing in lieu thereof the words " t h e cage or car of the l i f t " ;

(iv) by omit t ing from the same section the definition of " B u i l d i n g w o r k " and by inse r t ing in lieu thereof the following definition:—

" B u i l d i n g w o r k " means— (a) work in constructing, erecting,

adding to, a l ter ing, repa i r ing , equipping, finishing, paint ing, cleaning, s ignwri t ing or demolish­ing which when done in relat ion to a building or s t ruc ture is done a t or adjacent to the site thereof, and which when done in relat ion to a ship is done on or adjacent to a ship in dock or on s l ips ; and

(b)

(b) work in laying or lining any pipe having an in te rna l d iameter ex­ceeding twenty- three inches, and work in l ining any shaft , well or tunnel.

(v) by omitt ing from the same section the definition of " C o m p r e s s e d a i r work" and by inse r t ing in lieu thereof the following definition.:—

' 'Compressed a i r work " means work done by a person while b rea th ing any gas or mix ture of gases a t a g rea t e r p ressure than a tmospher ic p res su re .

(vi) by omit t ing f rom the same section the defini­tion of " C o n t r a c t o r " and by inser t ing in lieu thereof t he following definitions:—

"Con t rac to r ' ' ' , in re la t ion to any build­ing work, excavation work or com­pressed a i r work, means t he person who by himself (otherwise than as a servant or agent of the person ca r ry ing out t h a t work) or by his se rvants or agents car r ies out tha t work.

" C o n v e y o r " means a p p a r a t u s or contri­vance worked b y any power other than manua l by which goods are raised, lowered or t r a n s p o r t e d or are capable of being ra ised, lowered or t r anspor t ed by moans of—

(a) an endless bolt, rope or cha in ;

(b) buckets, t r a y s or other con­ta iners or fittings moved by an endless belt, rope or chain; or

(c) a ro ta t ing screw, and includes t h e suppor t ing s t ruc ture , machinery , equipment and gear used in connection with the conveyor.

(vii)

(vii) by omi t t ing from the same section the defini­t ion of " C r a n e " and by inser t ing in lieu thereof the following definition:—

" C r a n e " means g rab crane, charging crane, excavator , power shovel, floating crane, cableway, overhead t ravel l ing crane, j ib crane, derr ick crane , locomotive crane, canti lever crane, br idge or gan t ry crane, s t r ip­p ing crane, te lpher crane, loader, monorai l , fork lift t ruck and mobile crane and any other crane or a p p a r a t u s or contrivance used or capable of being used for ra is ing, lowering, handl ing or t r anspor t ing loads in like manner , and includes the suppor t ing s t ruc ture and the gear used in connection with the crane, but does not include a conveyor, hoist or lift.

(viii) by inser t ing in the same section next after the definition of " E x c a v a t i o n w o r k " the following new definition:—

"Explos ive-powered t o o l " means a tool or device whereby a stud, pin, dowel, screw, rivet, spike or other object is dr iven against , into or th rough a substance by means of an explosive.

(ix) by omit t ing from the same section the definition of " G e a r " and by inser t ing in lieu thereof the following definition:—

" G e a r " means any gear or equipment, other than plant , used in connection with any conveyor, lift, crane, hoist, scaffolding, plant , building work, excavation work or compressed a i r work.

(x)

(x) by omit t ing from the same section the defini­t ion of " H o i s t " and by inser t ing an lieu thereof the following definition:—

" H o i s t " means sheerlegs, derr ick pole, hand chain block, pole erect ing hoist, s tacking machine, direct r am hoist, fixed hoist, whip hoist, skip hoist, inclined skid, inclined slipway, tower hoist, pile dr iver , t i l ler , or any machine used for or capable of being used for dr iv ing or pull ing down any pile or any cylinder or casing used in connection with the forming of any pile, and includes the suppor t ing s t ruc ture and the gear used in connection with the hoist.

(xi) by omit t ing from the same section the defini­t ion of " L i f t " and by inser t ing in lieu thereof the following definition:—

" L i f t " means any a p p a r a t u s or contr i ­vance by which persons or goods a re ra ised or lowered or are capable of being ra ised or lowered within a cage o r ca r , the direction of movement of which is res t r ic ted by a guide or guides and includes the suppor t ing s t ruc ture , machinery, equipment, gear and enclosures used in connec­tion with the lift, but does not include conveyor, crane or hoist.

(xii) by inser t ing in the definition of " O w n e r " in the same section af ter the word " a n y " the word ' ' conveyor , ' ' ;

(xiii) by inser t ing in the same section next af ter p a r a g r a p h (a) of the definition of " P l a n t " the following new p a r a g r a p h : —

(a1) any explosive-powered tool ; and ;

(xiv) by inser t ing in the same definition after the word " i n c l u d e " the word " c o n v e y o r , " ;

(xv)

(xv) by omit t ing the definition of " S c a f f o l d i n g " and by inser t ing in lieu thereof the follow­ing definition:—

" S c a f f o l d i n g " means— (a) s t ruc ture , s taging, p la t form

or swinging s tage or boat­swain ' s chair set up or used for or in connection wi th—

(i) the ca r ry ing out of building work, excava­tion work or compressed a i r work ;

(ii) the erection or dis­mant l ing of machinery, p lant or equipment ; or

(iii) the erection or demoli­tion of stacks of t imber, goods or m a t e r i a l s ; a n d

(b) form work set up or used for or in connection with the ca r ry ing out of building work, excavation work or compressed a i r work, other than any such form work which is no t intended to be set up or used to suppor t a n y person dur ing the ca r ry ing out of such building work, excavation work or compressed a i r work,

and includes the suppor t ing s t ruc tu re and gear used in connection with the scaffolding.

(xvi) by inser t ing in the definition of " S u p p o r t ­ing s t r u c t u r e " in the same section after the word " l i f t , " the word " c o n v e y o r , " ;

(c) by inser t ing in p a r a g r a p h (a) of section 4A af ter the word " a n y " where firstly occurr ing the word " c o n v e y o r , " ;

(d)

(d) ( i) by inser t ing in p a r a g r a p h (a) of subsection one of section six af ter the word "scaffold­i n g " the words " o r any exp los ive" ;

(ii) by inser t ing next af ter the same p a r a g r a p h the following new p a r a g r a p h : —

(a1) to ca r ry out any building work, other than tha t re fer red to in pa ra ­g r a p h (a) of this subsection, being—

(i) the demolition of a building or s t r uc tu r e ; or

(ii) the work of sheathing the roof of any building or s t ruc ture , whether erected or in the course of erection, with asbestos cement or other br i t t le m a t e r i a l ; o r ;

(e) by inser t ing next af ter section six the following new sect ion:—

6A. (1) This section applies t o— (a) any work re fe r red to in p a r a g r a p h (a)

or (a1) of subsection one of section six of th is Act in respect of which any person i s ; and

(b) any work refer red to in p a r a g r a p h (a) of t ha t subsection in respect of which any person was , before the appointed day,

required, in accordance wi th the provis ions of t ha t subsection, to serve on the Chief Inspec tor a notice of such pe r son ' s intent ion to c a r r y out such work.

(2) A n y contrac tor who—

(a) commences to c a r r y out any work to which this section app l i e s ; or

(b) continues to c a r r y out any such work— (i) being work refer red to in

p a r a g r a p h (a) of subsection one of section six of this Act, as

enacted

enacted immediately before the appointed day, and commenced before the appointed d a y ; or

(ii) commenced a f t e r the appo in ted day,

while any notification fee payable in respect of a notice of intent ion to ca r ry out such work served on the Chief Inspec tor in accordance wi th the provisions of subsection one of section six of this Act, as enacted immediately before the appointed clay, or in respect of such work, as the case may be, or where payment of such fee by instalments is author ised under the regulat ions made under this Act, a n y insta lment of such fee which is due and payable, remains unpa id shall be liable to a pena l ty not exceeding one hundred pounds.

(3) A cour t of p e t t y sessions or indus­t r i a l mag i s t r a t e may, in addit ion to or ins tead of imposing a penal ty for an offence unde r this section, o rde r the person guil ty of the offence to pay any notification fee found by the court or mag i s t r a t e to be payable by such person. A n y such order shal l opera te as an order for the payment of money under the Small Debts Recovery Act, 1912, a s amended by subsequent Ac t s , a n d bo enforceable as such under the provisions of tha t Act , a s so amended.

(4) (a) Any notification fee payable in respec t of any notice of intent ion to ca r ry out any work to which this section applies served on the Chief Inspec tor in accordance with the provis ions of subsection one of section six of th is Act, as enacted immediately before the appointed day, or in respect of any such work, shall be paid to the Under Secre tary , Depar t ­ment of Labour and I n d u s t r y and shall be paid by the cont rac tor by whom such work is to be car r ied out or continued, as the case may be.

(b)

(b) A n y such fee may be sued for and recovered as a debt for and on behalf of the Crown by a n y person for the t ime being au thor i sed by the Minis ter to sue for and recover such fee.

(5) I n this section—

" A p p o i n t e d d a y " means the day on which the Scaffolding and Lif ts (Amendment ) Act, 1958, commences.

"Notif icat ion f e e " means—

(a) in a case where notice of inten­t ion to c a r r y out work to which th is section appl ies was served on the Chief Inspec tor before the appoin ted day in accordance with the provis ions of subsection one of section six of th is Act, the fee in respect of the notice of in tent ion to commence such work payable unde r the regula t ions in force a t the t ime when such notice was so se rved ;

(b) in a case where notice of inten­t ion to c a r r y out such work was no t so served before the appoin ted day and such work was commenced before tha t day, the fee in respect of such notice tha t would, if such notice h a d been so served immediately before such work was com­menced, have been payable under the regula t ions in force imme­diately before such work was commenced; and

(c) in a case where work to which this section applies is commenced af ter the appoin ted day and notice of intent ion to c a r r y out

such

such work was not, before t h a t day, served on the Chief Inspector in accordance wi th the provis ions of subsection one of section sis of this Act, as enacted immediately before tha t day, the prescr ibed fee payable in respect of such work.

(f) by inser t ing in the head ing to P a r t I I I af ter the word " L I F T S " the words " A N D CONVEYORS";

(g) ( i ) by inser t ing in subsection one of section ten af ter the word " e r e c t " the words " o r alter";

(ii) by inser t ing in the same subsection after the word " l i f t " where firstly occurr ing the words " o r c o n v e y o r " ;

(iii) by omit t ing from the same subsection the words " s u c h l i f t " and by inser t ing in lieu thereof the words " o r a l t e r ing such lift or conveyor, as the case may be,";

(h) by omit t ing section eleven and by inser t ing in lieu thereof the following section:—

11. (1) Subject to th is section, any person who—

(a) not being an author ised a t t endan t works, operates or in ter feres with the working of a passenger lift;

(b) be ing an author ised a t t endan t whose certificate of competency as such specifies pa r t i cu la r classes of passenger lifts which he may work or opera te , works, opera tes or in ter feres with the working of a passenger lift of a class other than those specified in such certificate of competency;

(c)

(c) employs, ins t ruc ts or al lows—

(i) any person who is not an author ised a t t endan t to work, opera te or in ter fere with t he working of a passenger l if t ;

(ii) any person who is an author ised a t t endan t and whose certificate of competency as such specifies pa r t i cu la r classes of passenger lifts which he m a y work or opera te to work, opera te or in terfere with the working of a passenger lift of a class other t han those specified in such cert i­ficate of competency,

shall be liable to a penal ty not exceeding twenty pounds .

(2) (a) The Chief Inspec tor may issue to any person who satisfies him tha t such pe r son is of or above the age of eighteen yea r s and is competent to work or opera te a passenger lift a certificate of competency as an au thor i sed a t tendant .

(b) A certificate of competency under th is section m a y specify the class of passenger lifts which the holder of such certificate may work or opera te .

(3) Appl ica t ions for a certificate of competency under th i s section shall be made to the Chief Inspec tor in the manne r and form prescr ibed.

(4) Noth ing in subsection one of this section shall apply to the working, opera t ing or in te r fe r ing wi th the working of—

(a) any lift by the bona fide owner, lessee or m a n a g e r of the bui lding where in the lift is s i tuated, in a case of emergency;

(b)

(b) any lift by a workman bona fide engaged in inspect ing, repa i r ing , erect ing or a l te r ing the l i f t ;

(c) any automat ic lift o r such other class of lifts as the Minis ter m a y , by notice published in the Gazette, specify as being a class of lifts to which the said subsection shall no t apply.

(5) Nothing in this section shall affect the opera t ion of section thir ty-seven of the Fac ­tor ies and Shops Act, 1912, a s amended by subsequent Acts .

(i) (i) by inser t ing in p a r a g r a p h (a) of section th i r teen af ter the word " l i f t , " the word " c o n v e y o r , " ;

(ii) by inser t ing in the same p a r a g r a p h af ter the word " c o n s t r u c t i o n , " the words " o r which he has reasonable cause to believe has been constructed or used, or is in the course of construction, or any building, place or premises in or on which any such th ing is constructed, used, in tended to be used or in course of construct ion or in or on which he has reasonable cause to believe tha t any such th ing is constructed, used, in tended to be used or in course of cons t ruc t ion , " ;

(iii) by inser t ing in the same p a r a g r a p h af ter the words " c o m p r e s s e d a i r w o r k " the words " w h i c h is being car r ied out or which he has reasonable cause to believe is being car r ied o u t " ;

( j ) (i) by inser t ing in section fourteen af ter the word " l i f t " where firstly occurr ing the w o r d s " o r a c o n v e y o r " ;

(ii) by inser t ing in the same section after the word " l i f t " where secondly and th i rd ly occurr ing the words " o r c o n v e y o r " ;

(k)

(k) ( i) by inser t ing in subsections one and two of section fifteen af ter the word " l i f t " wherever occurr ing the words " o r con­v e y o r " ;

(ii) by inser t ing in p a r a g r a p h (a) of subsection one of the same section af ter the word " d i s t r i c t " the words " , or in or on any building, place or premises in any d i s t r i c t , " ;

(iii) by inser t ing a t the end of subsection one of the same section the following w o r d s : —

W h e r e such direct ions a re , or any order on appea l the re f rom is, of a cont inuing n a t u r e such person shall continue a t all fu ture t imes to c a r r y out or comply with such direct ions, as var ied from t ime to t ime, or any such order unt i l the same a r e or is revoked.

(iv) by omit t ing from subsection four of the same section the words " twen ty - fou r h o u r s " and by inser t ing in lieu thereof the words " s e v e n days , or, where any other t ime has been prescr ibed, within such prescr ibed t i m e , " ;

(v) by inser t ing a t the end of the same subsec­t ion the following new p a r a g r a p h : —

The regula t ions unde r this Act m a y prescr ibe the manne r in which an appea l under this subsection m a y be made .

(1) (i) by omit t ing p a r a g r a p h (c) of subsection one of section seventeen and by inser t ing in lieu thereof the following new p a r a g r a p h : —

(c) any power hois t used for ra i s ing or lowering p e r s o n s ;

(ii)

(ii) by inser t ing in subsection three of the same section af ter the word " d r i v e " wherever occurr ing the words " i n any d i s t r i c t " ;

(iii) by inser t ing at the end of subsection six of the same section the following new p a r a g r a p h : —

The regulat ions under this Act m a y prescr ibe the manner in which an appea l unde r this subsection may be made.

(iv) by inser t ing at the end of the same section the following new subsection :-

(10) The Chief Inspec tor may issue in wr i t ing to any person a l e a rne r ' s permi t au thor is ing such person to act, in accordance with any conditions endorsed thereon or prescr ibed in relat ion there to , as a power crane or power hoist dr iver . A l e a r n e r ' s pe rmi t shall r emain in force for such per iod endorsed thereon as the Chief Inspec tor may determine or as may in relat ion to such permi t s be prescribed.

Nothing in subsection one or three of this section shall apply to or in respect of the dr iv ing of a power c rane or a power hoist, as the case may be, by the holder of such a permi t , in accordance wi th any conditions endorsed thereon or prescr ibed in relation there to and for the bona fide purpose of such holder l ea rn ing to be a power crane or power hoist dr iver , as the case may be.

The Chief Inspec tor m a y cancel or suspend a l e a r n e r ' s pe rmi t issued pu r suan t to this subsection and a person whose l e a r n e r ' s pe rmi t has been cancelled or is for the t ime being suspended shall not be deemed to be the holder of such a permit .

26813-2 (m)

(m) (i) by inse r t ing next af ter subsection one of section 17A the following new subsections:—

(1A) Any person who is the holder of a certificate of competency—

(a) as a r igger and who in any dis t r ic t acts as a r igger in relat ion to any type of building, s t ruc ture , c rane or ho is t ;

(b) as a scaffolder and who in any dis t r ic t acts as a scaffolder in relat ion to any type of scaffolding;

(c) as a dogman or crane chaser and who in any dis t r ic t acts as a dogman or c rane chaser , as the case m a y be, in relat ion to any type of crane,

other t han those specified in the certificate of competency as a r igger , scaffolder, dogman or c rane chaser, as the case may be, issued to him under this section shall be guil ty of an offence aga ins t this Act.

(1B) Any person who employs, ins t ruc ts or al lows—

(a) any person who is not the holder of the a p p r o p r i a t e certificate of com­petency to act in any dis t r ic t as a r igger , dogman, scaffolder or crane chaser ; or

(b) any person who is the holder of a certificate of competency—

(i) as a r igger , to act in any distr ict as a r igger in re la t ion to any type of building, s t ruc ture , crane or ho is t ;

(ii) as a scaffolder, to act in any dis t r ic t as a scaffolder in relat ion to any type of scaffolding;

(iii)

(iii) as a dogman or crane chaser, to act in any dis t r ic t as a dogman or crane chaser, as the case may he, in relat ion to any type of crane,

other than those specified in the certificate of competency as a r igger , scaffolder, dogman or crane chaser, as the case may be, issued to him under this section shall be guil ty of an offence agains t this Act.

(ii) by inser t ing a t the end of subsection two of the same section the following new p a r a ­g r a p h :—

(b) A certificate of competency under this section—

(i) as a r igger , may specify the type of building, s t ruc ture , c rane or ho i s t ;

(ii) as a scaffolder, may specify the type of scaffolding;

(iii) as a dogman or crane chaser , may specify the type, of crane,

in re la t ion to which the holder of such certificate m a y act as a r igger , scaffolder, dogman or crane chaser, as the case may be.

(iii) by inser t ing a t the end of subsection four of the same section the following new p a r a ­g raph :—

The regulat ions unde r this Act m a y prescr ibe the manne r in which an appea l under this subsection may be made.

(iv)

(iv) by inser t ing next af ter subsection five of the same section the following new subsec­t ions :—

(5A) (a) The Minis ter may by notifica­t ion published in the Gazette exempt—

(i) persons act ing as r iggers in re la t ion to any type of building, s t ruc ture , c rane or hoist specified in such notification from the operat ion of the provis ions of subsections one and (1A) of this section whilst they a re so act ing, and persons who employ, ins t ruct or allow persons to act as aforesaid from the opera t ion of the provis ions of subsection (1B) of this section in respect of pe rsons act ing as r iggers in re la t ion to the type of building, s t ruc ture , crane or hoist so specified;

(ii) pe rsons act ing as scaffolders in relat ion to any type of scaffolding specified in such notification from the opera t ion of the provis ions of subsections one and (1A) of this section whilst they a re so acting, and persons who employ, ins t ruc t or allow persons to act as a foresa id from the opera t ion of the prov is ions of subsection (1B) of this section in respect of pe rsons act ing as scaffolders in relat ion to the type of scaffolding so specified;

(iii) pe rsons act ing as dogmen or crane chasers in re la t ion to any type of crane specified in such notification, to all c ranes used in connection wi th any indus t ry so specified, to any type of c rane so specified while it is used

in

in connection with any indus t ry so specified, to all c ranes used in any building, place or premises so speci­fied, or to any type of c rane so speci­fied while i t is used in any building, place or premises so specified, f rom the operat ion of the provis ions of subsections one and (1A) of th is section whilst they a re so acting, and persons who employ, ins t ruc t or allow persons to act as aforesaid from the opera t ion of the provis ions of subsection (1B) of th is section in respect of persons act ing as dogmen or crane chasers , as the case may be, in relat ion to the type of crane so specified.

(b) The Minister may by notice in wr i t ing—

(i) to the owner of or any person erect ing or p ropos ing to erect any par t i cu la r building or s t ruc ture or to the owner of or any person set t ing u p or p ropos ing to set u p any par t i cu la r crane or hoist exempt persons act ing as r iggers in relat ion to such building, s t ruc ture , crane or hoist from the operat ion of the provis ions of subsections one and (1A) of this section whilst they a re so acting, and persons who employ, ins t ruc t or allow persons to act as aforesaid from the opera t ion of the provis ions of subsection (1B) of this section in respect of persons act ing as r iggers in relat ion to tha t par t i cu la r building, s t ruc ture , c rane or ho is t ;

(ii) to the owner of or any person erecting, a l te r ing or demolishing or proposing to erect, a l ter or demolish

any

any pa r t i cu la r scaffolding exempt persons act ing as scaffolders in relat ion to suck scaffolding from the opera t ion of the provis ions of sub­sections one and (1A) of this section whilst they a re so acting, and persons who employ, ins t ruct or allow persons to act as aforesaid from the opera t ion of the provis ions of subsection (1B) of this section in respect of persons act ing as scaffolders in relat ion to tha t par t icu la r scaffolding;

(iii) to the owner of any par t i cu la r crane exempt persons act ing as dogmen or crane chasers in relat ion to such c rane from the opera t ion of the provis ions of subsections one and (1A) of this section whilst they a re so acting, and persons who employ, ins t ruc t or allow persons to act as aforesaid from the operat ion of the provis ions of subsection (1B) of this section in respect of persons act ing as dogmen or crane chasers , as the case may be, in relat ion to tha t pa r t i cu la r crane.

(c) A n y exemption under this subsection may be g ran ted subject to such conditions as the Minister may impose.

Any person who fails to comply with such conditions shall be guil ty of an offence agains t this Act.

(5B) The Chief Inspec tor may issue in wr i t ing to any person a l e a rne r ' s pe rmi t au thor i s ing such person to act, in accordance wi th any conditions endorsed thereon or prescr ibed in relat ion there to , as a r igger , dogman, scaffolder or c rane chaser. A l e a r n e r ' s permi t shall remain in force for

such

such per iod endorsed thereon as the Chief Inspec tor may determine or as may in relat ion to such permi t s be prescribed.

Nothing in subsection one or (1B) of this section shall apply to or in respect of any work done by the holder of such a permit , in accordance with any conditions endorsed thereon or prescr ibed in re la t ion there to and for the bona fide purpose of such holder learning to be a r igger , dogman, scaffolder or crane chaser , as the case may be.

The Chief Inspec tor may cancel or suspend a l e a r n e r ' s pe rmi t issued pu r suan t to this subsection and a pe r son whose l ea rne r ' s pe rmi t has been cancelled or is for the time being suspended shall not be deemed to be the holder of such a permit .

(v) by omit t ing from subsection six of the same section the definition of " R i g g e r " and by inser t ing in lieu thereof the following definition:—

" R i g g e r " means a pe r son directly responsible for the placing in position of the members of a building or s t ruc ture , o ther than scaffolding, in the course of erection and for the m a n n e r of ensur ing the stabi l i ty of such members , for d ismant l ing or demolishing buildings or s t ructures , o ther than scaffolding, or for the set t ing up of cranes or hoists .

(vi) by omit t ing from the same subsection the definition of " D o g m a n " and by inser t ing in lieu thereof the following definition:—

" D o g m a n " means a person slinging and direct ing the movement of loads handled by a crane where such loads a re usual ly not in full view of the crane dr iver .

(vii)

(v i i ) by omit t ing from the same subsection the definition of " C r a n e c h a s e r " and by inser t ing in lieu thereof the following definition:—

" C r a n e c h a s e r " means a person sl inging and direct ing the movement of loads handled by a c rane where such loads a re usual ly in full view of the crane dr iver .

(n) (i) by inser t ing in subsection one of section eighteen af te r the words " w i t h a n y " the Word " c o n v e y o r , " ;

( i i ) by inser t ing in p a r a g r a p h (b) of the same subsection af ter t he words " p a r t of a " the word ' ' conveyor , ' ' ;

(iii) by inser t ing a t the end of the same p a r a ­g r a p h the following word and new p a r a g r a p h s : —

or (c) so disables any person working on or

about such conveyor, crane, hoist , lift, p lant , scaffolding, gear , building work, excavat ion work or compressed a i r work as to p reven t h im from re tu rn ing to his work within forty-eight hour s af ter the accident ; or

(d ) consists in any person receiving an electric shock; or

(e) is an accident involving the fai lure of any brake , s teer ing or l imit ing device or other control device of a conveyor, crane, hoist, lift, p lant , scaffolding or g e a r ; or

(f) consists in the fai lure of any stud, pin, dowel, screw, rivet, spike or o ther object expelled from an explo­sive-powered tool to lodge in the substance on which the tool is being used ; (iv)

(iv) by inser t ing in the same subsection af ter the words " i n charge of s u c h " the word "con­v e y o r " ;

(v) by inser t ing in subsection two of the same section after the w o r d s ' " w i t h a n y " the word " c o n v e y o r , " ;

(o) by inser t ing in p a r a g r a p h (c) of section nineteen af ter the words " w i t h a n y " the word " c o n v e y o r , " ;

(p) by inser t ing at the end of section twenty-one the following new subsections :—

(2) I n any proceedings for the recovery of a pena l ty or fee imposed by or under th i s Act a s ta tement pu rpo r t i ng to be signed by the Chief Inspector—

(a) tha t a certificate or permi t of the descript ion specified in the s ta tement has or has not been issued pu r suan t to this Act to any person so specified and, where a certificate or pe rmi t has been so issued, as to the date of issue of and pa r t i cu la r s contained in such certificate or p e r m i t ; or

(b) that a t any date or dur ing any period specified in the s ta tement a person specified in the s ta tement was or was not the holder of a certificate or permit , of the descript ion specified in such s tatement , issued pu r suan t to this Ac t ; or

(c) tha t at any date specified in the s tate­ment a notice as to any m a t t e r so specified, being a ma t t e r of which notice is required by or under this Act to be

given

given to or served on the Chief Inspec­tor , had or h a d not been given to or served on the Chief Inspec tor by any person so specified and, where a notice has been so given or served, as to the date when it was so given or served and as to the pa r t i cu la r s contained in such not ice;

shall be p r ima facie evidence of the m a t t e r s contained in the s ta tement wi thout proof of the s ignature or of the official charac ter of the person by whom the s ta tement appea r s to have been signed.

(3) W h e r e a notice of intent ion to commence any bui lding work, excavation work or com­pressed a i r work has been served on the Chief Inspec tor the person under whose hand the notice a p p e a r s to have been given shall in any proceedings for the recovery of a penal ty or fee imposed by or under this Act be deemed, unless the con t r a ry is proved, to be the contrac tor for t ha t work.

(q) (i) by omit t ing from p a r a g r a p h (a) of subsec­t ion two of section twenty-two the words " a n y l i f t " and by inser t ing in lieu thereof the words " o r a l ter any lift or c o n v e y o r " ;

(ii) by inser t ing in p a r a g r a p h (b) of the same subsection after the word " l i f t , " the word " c o n v e y o r , " ;

(iii) by inser t ing in p a r a g r a p h (d) of the same subsection af ter the word " l i f t " the words " o r c o n v e y o r " ;

(iv) by inser t ing in p a r a g r a p h (c) of the same subsection af ter the words " r e q u i r i n g t h a t " the word " c o n v e y o r s , " ;

(v)

(v) by omit t ing from subparag raph (i) of pa ra ­g r a p h (f) of the same subsection the word " l i f t s " and by inser t ing in lieu thereof the words " o r al ter lifts or c o n v e y o r s " ;

(vi) b y inse r t ing in subparag raph (ii) of the same p a r a g r a p h after the words "de sc r i p ­tions of" the word " c o n v e y o r s , " ;

(vii) by inser t ing in the same s u b p a r a g r a p h after the words " t e s t i n g of" the word "con­v e y o r s , " ;

(viii) by omit t ing subpa rag raph (v) of the same paragraph and by inser t ing in lieu thereof the following s u b p a r a g r a p h s : —

(v) any building work, excavation work or compressed a i r work, of which notice is required by section six of this Act to be served on the Chief Inspec to r ;

(vi) the issue of l e a r n e r s ' permi t s to persons au thor i s ing them to act, in accordance wi th any conditions en­dorsed thereon or prescr ibed in relat ion thereto, as power crane or power hoist dr ivers , or as r iggers , dogmen, scaffolders or crane chase rs ;

(ix) by inser t ing in subpa rag raph (i) of pa ra ­g r a p h (g) of the same subsection after the words "ma in t enance of" the word " c o n v e y o r s , " ;

(x) by inser t ing in s u b p a r a g r a p h (ii) of the same p a r a g r a p h af ter the words " c h a r g e of" the words "conveyor s o r " ;

(xi)

(xi) by inser t ing in s u b p a r a g r a p h (iii) of the same p a r a g r a p h af ter the words " d i s m a n t l ­ing of" the word " c o n v e y o r s , " ;

(xii) by inser t ing in s u b p a r a g r a p h (v) of the same p a r a g r a p h af ter the words "connec­tion w i t h " the word " c o n v e y o r s , " ;

(xiii) by inser t ing next af ter the same p a r a g r a p h the following new p a r a g r a p h : —

(g1) prohibi t ing any person not the holder of the a p p r o p r i a t e certificate of competency or l e a rne r ' s pe rmi t f rom being employed as or ac t ing as a diver, d ive r ' s a t t endan t or powder-man, and in re la t ion there to—

(i) p rovid ing for the examinat ion and certification of divers , d i v e r s ' a t t endan t s and powder-men, or of any class of such persons , and for the g ran t ing and issue of certificates of competency and l e a r n e r s ' p e r m i t s ;

(ii) prescr ib ing the fees to be pa id in respect of examinat ions for certificates of competency and the issue of such certificates and of l e a r n e r s ' p e r m i t s ;

(iii) au thor i s ing the Chief Inspec­tor by certificate in wr i t ing under his hand to exempt, absolutely or subject to condi­t ions, any person or class of persons from all or any of the provisions of the regula t ions

made

made p u r s u a n t to this pa ra ­g raph where he is satisfied that by reason of the na tu r e of the work to be carr ied out by such person or class of persons the applicat ion of such provisions would be impracticable or i n a p p r o p r i a t e ;

(xiv) by inser t ing in subsection three of the same section after the words "ma in t enance of" the word " c o n v e y o r s , " ;

(xv) by inser t ing next after the same subsection the following new subsect ions:—

(3A) The regulat ions made under sub­p a r a g r a p h (v) of p a r a g r a p h (f) of subsec­t ion two of this section may with respect to the fees prescr ibed under tha t subpara­g r a p h —

(a) provide for the assessment of such fees by reference or in re la t ion to the cost or e s t imated cost of the work in respect of which the fees are to be paid or of the project in which such work is done or to be done or of mater ia l s employed or services used therein, or according to any specified principle or cr i ter ion and may p re ­scribe the method of de te rmining any such cost or es t imated cost ;

(b) prescr ibe different amounts of such fees to be pa id in respec t of different classes of work or in respect of work done in different a r e a s ;

(c) requ i re tha t such fees shall be paid in respec t of a, specified class or specified classes of work only, in

respect

respect of all classes of work other t han those specified, in respect of work done in a specified a rea or speci­fied a reas only or in respect of all a r eas other than those specified;

(d) prescr ibe g radua ted scales of such fees ;

(c) requi re the payment of such fees a t such t ime or t imes or by such instal­ments as may be prescr ibed ;

(f) for the purpose of the assessment of such fees, requi re contractors to fur­nish such informat ion in relat ion to the work in respect of which such fees a re to be pa id or to the project in which such work is done or to be done, in such m a n n e r and a t such t imes, as may be prescribed, and may require any such informat ion to be verified by s t a tu to ry dec la ra t ion ;

(g) prescr ibe o ther m a t t e r s necessary or convenient to be prescr ibed in relat ion to the assessment or payment of such fees.

(3B) F o r the purposes of p a r a g r a p h ( g l ) of subsection two of this section—

" D i v e r " means diver employed in com­pressed a i r work.

" D i v e r ' s a t t e n d a n t " means a t t endan t to a diver.

" P o w d e r m a n " means a person engaged in the p r epa ra t i on or firing of charges of explosives used in bui lding work, excavation work or compressed a i r work.

3 .

3 . The Scaffolding and Lif ts Act, 1912-1948, is fu r the r amended—

(a ) by omit t ing from subsection two of section six the words " t w e n t y p o u n d s " and by inser t ing in lieu thereof the words "fif ty p o u n d s " ;

(b) by omit t ing from subsection two of section ten the words " t w e n t y p o u n d s " and by inser t ing in lieu thereof the words "f if ty p o u n d s " ;

(c) by omit t ing from section fourteen the words " t e n p o u n d s " and by inser t ing in lieu thereof the words "fif ty p o u n d s " ;

(d) by omit t ing from subsection five of section fifteen the words " o n e hundred p o u n d s " and by inser t ing in lieu thereof the words " t w o hundred and fifty p o u n d s " ;

(e) by omit t ing from section sixteen the words " t w e n t y p o u n d s " and by inser t ing in lieu thereof the words "f if ty p o u n d s " ;

(f) by omit t ing from subsection three of section eighteen the words "fifty p o u n d s " and by insert­ing in lieu thereof the words " o n e hundred p o u n d s " ;

(g ) by omit t ing from section twenty-one the words "f if ty p o u n d s " and by inser t ing in lieu thereof the words " o n e hundred p o u n d s " ;

(h) by omit t ing from subsection four of section twenty-two the words "f if ty p o u n d s " and by inser t ing in lieu thereof the words " o n e hundred p o u n d s " .

4 .

4 . (1) Any regulat ions made under subpa rag raph (v) of p a r a g r a p h (f) of subsection two of section twenty-two of the Scaffolding and Lifts Act, 1912-1948, shall be deemed to have and always to have had the same force and effect as they would have had had subsection (3A) of section twenty-two of tha t Act, as amended by this Act, been in force when such regulat ions were made.

(2) The amendment made by s u b p a r a g r a p h (viii) of p a r a g r a p h (q) of section two of this Act shall not affect the liabili ty incurred by any person for any fee payable under any regulat ion made under the Scaffold­ing and Lifts Act, 1912-1948.

(3) A certificate of competency as an author ised a t tendant , a r igger , scaffolder, dogman or crane chaser, issued or p u r p o r t i n g to have been issued under the Scaf­folding and Lif ts Act, 1912-1948, by the Chief Inspec tor and held by any person immediately before the com­mencement of this Act, shall—

(a) in the case of a certificate of competency as an author ised a t t endan t which does not specify any class of passenger lifts as passenger lifts of which such person is competent to be in charge , be deemed to be a certificate of competency as an author ised a t t endan t issued under tha t Act, as amended by this Act, by the Chief Inspector and to specify all classes of passenger lifts as passenger lifts which such person may work or o p e r a t e ;

(b) in the case of a certificate of competency as an author ised a t t endan t which specifies a pa r t i cu la r class of passenger lifts as passenger lifts of which such person is competent to be in charge, be deemed to be a certificate of competency as an author ised a t t endan t issued under t ha t Act, as amended by this Act, by the Chief Inspec tor and to specify t ha t pa r t i cu la r class of passenger lifts as passenger lifts which such person may work or o p e r a t e ;

(c)

(c) in the case of a certificate of competency as a r igger , be deemed to be a certificate of com­petency as a r igger issued under tha t Act, as amended by this Act, by the Chief Inspector and to specify every type of building, s t ruc ture , crane or hoist as buildings, s t ruc tures , cranes and hoists, respectively, in relat ion to which such person may act as a r i gge r ;

(d) in the case of a certificate of competency as a scaffolder which does not specify any type of scaffolding as scaffolding in relat ion to which such person may act as a scaffolder, be deemed to be a certificate of competency as a scaffolder issued under tha t Act, as amended by this Act, by the Chief Inspec tor and to specify every type of scaffolding as scaffolding in relat ion to which such person may act as a scaffolder;

(e) in the case of a certificate of competency as a scaffolder which specifies any par t i cu la r type of scaffolding as scaffolding in relat ion to which such person may act as a scaffolder, be deemed to be a certificate of competency as a scaffolder issued under tha t Act, as amended by this Act, by the Chief Inspector and to specify tha t par ­t icular type of scaffolding as scaffolding in relat ion to which such person may act as a scaffolder;

(f) in the case of a certificate of competency as a dogman or crane chaser, be deemed to be a certificate of competency as a dogman or crane chaser, as the case may be, issued under tha t Act, as amended by this Act, by the Chief Inspec tor and to specify every type of crane as c ranes in relat ion to which such person m a y act as a dogman or crane chaser, as the case may be.

F o r the purposes of this subsection a certificate of competency under section 17A of the Scaffolding and Lif ts Act, 1912-1948, which was issued to any person before the commencement of this Act and was before tha t

commencement

commencement suspended under the provisions of sub­section five of that section for a period which had not at that commencement expired shall upon the expiration of that period be deemed to be a certificate of competency under that Act held by such person immediately before that commencement.