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3 1958

OFFICE PREMISES ACT, 1958

PART I

Preliminary and General.

Short title and commencement.

1. —(1) This Act may be cited as the Office Premises Act, 1958.

(2) This Act shall come into operation on such day as the Minister appoints by order.

(3) Notwithstanding subsection (2), if it is shown to the satisfaction of the Minister, as respects any particular requirement of this Act, that by reason of substantial expenditure involved through the necessity of providing new, or altering existing, buildings, or on account of other special difficulties, it would be right in the case either of offices generally or of any class or description of office that the requirement should not come into operation on the day appointed under subsection (2), he may by order postpone the date of coming into operation of the said requirement as respects offices generally or that class or description of office, until such date as he may think fit but not later than two years after the day appointed under subsection (2).

(4) Notwithstanding subsection (2), section 24 shall come into operation on the passing of this Act.

Interpretation generally.

2. —(1) In this Act, unless the context otherwise requires—

class or description”, in relation to offices, includes a group of offices described by reference to locality;

clerical work” includes book-keeping, sorting and filing, typing, document reproduction, machine calculating, drawing, the handling of mail, telephone and telegraph operating and the handling of money;

contravention” includes, in relation to any provision, a refusal or failure to comply with that provision, and “contravene” shall be construed accordingly;

enforcing authority” has the meaning given to it by section 25;

fume” includes gas or vapour;

inspector” means an officer authorised by or under section 27 to act as an inspector for the purposes of this Act;

maintained” means maintained in an efficient state, in efficient working order, and in good repair;

the Minister” means the Minister for Industry and Commerce;

owner” means the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the rack-rent if the premises were let at a rack-rent;

prescribed” means prescribed by regulations made by the Minister under this Act;

sanitary authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

sanitary conveniences” includes urinals, waterclosets, earthclosets, privies, ashpits, and any similar convenience;

welfare regulations” means regulations made under section 23.

(2) For the purposes of this Act, an apprentice shall be deemed to be a person employed.

(3) Any reference in this Act to the District Court shall be construed as a reference to the Justice of the District Court having jurisdiction in the District Court area where the office in question is situated.

Offices.

3. — (1) In this Act “office” means any premises, room, suite of rooms or other part of premises in which persons are employed on clerical work.

(2) This Act does not apply to an office in which the number of persons employed on clerical work does not exceed five. For the purpose of this provision, all parts of a building or group of buildings in which persons are employed on clerical work by the same employer shall be taken together as forming one office, notwithstanding that such parts may be structurally separated from one another.

(3) This Act does not apply—

(a) to premises or parts of premises occupied by the Defence Forces,

(b) to premises or parts of premises where clerical work is performed at irregular intervals and for short periods,

(c) to a shop to which the Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938), applies,

(d) to such premises or classes of premises as are declared to be exempt in regulations made by the Minister.

(4) For the purposes of this section a person shall not be regarded as employed on clerical work if such work is merely incidental or subsidiary to his main occupation.

Application to offices belonging to the State.

4. —This Act applies to offices belonging to or in the occupation of the State but, in case of any public emergency, the Minister may, by order, to the extent and during the period named in the order exempt from this Act any office belonging to or in the occupation of the State or any office in respect of work which is being done on behalf of the State.

Expenses of Minister.

5. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Expenses of sanitary authorities.

6. —The expenses of a sanitary authority under this Act shall be raised and defrayed in like manner as their expenses under the Local Government (Sanitary Services) Acts, 1878 to 1952, are raised and defrayed.

Repeals.

7. —The Acts mentioned in the Schedule are hereby repealed to the extent specified in the third column of the Schedule.