{
  "url": "https://openlegislation.uk/employment-medical-advisory-service-factories-act-orders-etc-amendment-order-1973/schedule/part-II",
  "json_url": "https://openlegislation.uk/employment-medical-advisory-service-factories-act-orders-etc-amendment-order-1973/schedule/part-II.json",
  "legislation": "uksi/1973/36",
  "legislation_title": "The Employment Medical Advisory Service (Factories Act Orders etc. Amendment) Order 1973",
  "legislation_url": "https://openlegislation.uk/employment-medical-advisory-service-factories-act-orders-etc-amendment-order-1973",
  "path": "schedule/part/II",
  "kind": "part",
  "number": "II",
  "heading": null,
  "text": "AMENDMENTS\nInstrument\nAmendment\nRegulations, dated 21st January 1907, with respect to the manufacture of paints and colours, S.R. & O. 1907/17 (Rev. VII, p. 400: 1907, p. 139).\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor references to the certifying or appointed surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 4, the second paragraph shall be omitted.\nFor Regulation 5, there shall be substituted the following Regulation:—\n“5 A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in a lead process or at the roller mills would involve special danger to his health, shall not be employed in any such process or place unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nFor Regulation 12, there shall be substituted the following Regulation:—\n“12 No person shall work in a lead process or at the roller mills while it is to his knowledge unlawful under Regulation 5 for him to be employed in such a process or place”.\nRegulations, dated 6th August 1907, with respect to the process of the manipulation of yarn dyed by means of a lead compound, S.R. & O. 1907/616 (Rev. VII, p. 472: 1907, p. 142).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 4, for the second paragraph there shall be substituted the following paragraph:—\n“A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in the heading of yarn dyed by means of a lead compound would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nIn Regulation 8, for paragraph (a) there shall be substituted the following paragraph:—\n“(a) work in the heading of yarn dyed by means of a lead compound while it is to his knowledge unlawful under Regulation 4 for him to be employed in such a process”.\nRegulations, dated 18th December 1908, with respect to the process of vitreous enamelling of metal or glass, S.R. & O. 1908/1258 (Rev. VII, p. 312: 1908, p. 336).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nFor Regulation 10, there shall be substituted the following Regulation:—\n“10 A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in an enamelling process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nIn Regulation 15, for paragraph (a) there shall be substituted the following paragraph:—\n“(a) work in any enamelling process while it is to his knowledge unlawful under Regulation 10 for him to be employed in such a process;”\nRegulations, dated 30th June 1909, with respect to the coating of metal articles with a mixture of tin and lead, or lead alone, S.R. & O. 1909/720 (Rev. VII, p. 455: 1909, p. 301).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 6, for the second paragraph there shall be substituted the following paragraph:—\n“A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in tinning would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nIn Regulation 11, for paragraph (a) there shall be substituted the following paragraph:—\n“(a) work in tinning while it is to his knowledge unlawful under Regulation 6 for him to be employed in such a process;”\nRegulations, dated 12th August 1911, with respect to the smelting and manufacture of lead and flaked litharge, S.R. & O. 1911/752 (Rev. VII, p. 369: 1911, p. 55).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 13, for paragraph (c) there shall be substituted the following paragraph:—\n“(c) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in any lead process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nFor Regulation 18, there shall be substituted the following Regulation:—\n“18 No person shall work in a lead process while it is to his knowledge unlawful under Regulation 13 for him to be employed in such a process”.\nRegulations, dated 23rd August 1921, with respect to the manufacture of any carbonate, sulphate, nitrate or acetate of lead, S.R. & O. 1921/1443 (Rev. VII, p. 374: 1921, p. 246).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 11—\n(a) in paragraph (a) the words from “who shall have the power” to the end of the paragraph shall be omitted; and\n(b) for paragraph (b), there shall be substituted the following paragraph:—\n“(b) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in any lead process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nFor Regulation 24, there shall be substituted the following Regulation:—\n“24 No person shall work in a lead process while it is to his knowledge unlawful under Regulation 11 for him to be employed in such a process”.\nOrder, dated 8th November 1921, with respect to the employment of women and young persons in certain processes involving the use of a lead compound, S.R. & O. 1921/1714 (Rev. VII, p. 533: 1921, p. 252).\nFor references to the certifying surgeon, wherever they occur and however expressed, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Article 2, for the words “particulars of any directions given by him” there shall be substituted the words “particulars of any opinion formed by him that the continued employment in a lead process of the person examined would involve special danger to her or his health”.\nFor Article 3, there shall be substituted a new Article 3 containing the new definitions set out in Part I of this Schedule.\nThe India rubber Regulations 1922, S.R. & O. 1922/329 (Rev. VII, p. 358: 1922, p. 268).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 12, for paragraph (c) there shall be substituted the following paragraph:—\n“(c) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in any lead process or in any fume process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nFor Regulation 15, there shall be substituted the following Regulation:—\n“15 No person shall work in a lead process or a fume process while it is to his knowledge unlawful under Regulation 12 for him to be employed in such a process”.\nThe Chemical Works Regulations 1922, S.R. & O. 1922/731 (Rev. VII, p. 246: 1922, p. 255).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 30, for paragraph (e) there shall be substituted the following paragraph:—\n“(e) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in any chrome process or in any nitro or amido process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nThe Electric Accumulator Regulations 1925, S.R. & O. 1925/28 (Rev. VII, p. 296: 1925, p. 337).\nThe definitions of “surgeon” and “suspension” shall be omitted from the definitions.\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nFor other references to the surgeon, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 13, for paragraph (c) there shall be substituted the following paragraph:—\n“(c) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in a lead process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor”.\nIn Regulation 20, for paragraph (b) there shall be substituted the following paragraph:—\n“(b) No person shall work in a lead process while it is to his knowledge unlawful under Regulation 13 for him to be employed in such a process”.\nThe Vehicle Painting Regulations 1926, S.R. & O. 1926/299 (Rev. VII, p. 397: 1926, p. 537).\nThe new definitions set out in Part I of this Schedule shall be inserted among the definitions.\nIn Regulation 9, for the reference to the certifying factory surgeon for the district or a duly qualified medical practitioner appointed by written certificate by the Chief Inspector of Factories, there shall be substituted a reference to “an employment medical adviser or an appointed doctor”.\nOrder dated 24th December 1926 modifying the application of certain provisions of the Factory and Workshop Act 1901 in cases where persons are employed in painting buildings, S.R. & O. 1926/1620 (Rev. VII, p. 474: 1926, p. 551).\nParagraph (1) of the Order shall be omitted.\nThe Lead Paint Regulations 1927, S.R. & O. 1927/847 (Rev. VII, p. 476: 1927, p. 441).\nIn Regulation 6—\n(a) after the words “make arrangements for the periodic examination”, there shall be inserted the words “by an employment medical adviser or an appointed doctor”; and\n(b) at the end, there shall be inserted the new definitions set out in Part I of this Schedule.\nThe Patent Fuel Manufacture (Health and Welfare) Special Regulations 1946, S.R. & O. 1946/258 (Rev. VII, p. 404: 1946 I, p. 496).\nFor Regulation 3, there shall be substituted a Regulation containing the new definitions set out in Part I of this Schedule.\nIn Regulation 16—\n(a) in paragraph (1), for the reference to the surgeon there shall be substituted a reference to “an employment medical adviser or an appointed doctor”; and\n(b) for paragraphs (2) and (3), there shall be substituted the following paragraph:—\n“(2) The occupier shall arrange for every person employed in the factory to be examined by an employment medical adviser or an appointed doctor within six months after the commencement of his employment and to be examined again at intervals of not more than six months so long as his employment continues”.\n(c) in paragraph (5)—\n(i) for the words “Except where otherwise authorised or directed in writing by the inspector for the district”, there shall be substituted the words “Except where the occupier is otherwise directed in writing by an employment medical adviser or an appointed doctor”; and\n(ii) for the words “paragraphs (2) and (3)”, there shall be substituted the words “paragraph (2)”.\nThe Pottery (Health and Welfare) Special Regulations 1950, S.I. 1950/65(1950 I, p. 657), as amended by the Mule Spinning and Pottery Appointed Doctor (Amendment) Regulations 1963, S.I. 1963/879 (1963 II, p. 1427).\nIn Regulation 2—\n(a) the definitions of “appointed doctor” and “suspension” shall be omitted; and\n(b) the new definitions set out in Part I of this Schedule shall be inserted.\nFor other references to the appointed doctor, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 7—\n(a) in the proviso to paragraph (2), for the words “determined by the Minister under section 127 of the principal Act” there shall be substituted the words “fixed by order of the Secretary of State under the Employment Medical Advisory Service Act 1972”; and\n(b) for paragraphs (3) and (4) there shall be substituted the following paragraph:—\n“(3) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register or in the employed person's portable register recorded his opinion that the continued employment of that person in a process included in Part I of Schedule 1 to these Regulations would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor, and no person shall work in any such process while it is to his knowledge unlawful under this paragraph for him to be employed in such a process”.\nIn Regulation 8(2), for the words “and any certificates of suspension or sanction given by him under that Regulation” there shall be substituted the words “and any entry made under Regulation 7(3)”.\nThe Mule Spinning (Health) Special Regulations 1953, S.I. 1953/1545(1953 I, p. 740), as amended by the Mule Spinning and Pottery Appointed Doctor (Amendment) Regulations 1963, S.I. 1963/879 (1963 II, p. 1427).\nIn Regulation 2—\n(a) the definition of “appointed doctor” shall be omitted; and\n(b) the new definitions set out in Part I of this Schedule shall be inserted.\nIn Regulation 6, for references to the appointed doctor, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nThe Work in Compressed Air Special Regulations 1958, S.I.1958/61(1958 I, p. 1115).\nIn Regulation 3—\n(a) the definition of “appointed doctor” shall be omitted; and\n(b) the new definitions set out in Part I of this Schedule shall be inserted.\nFor other references to the appointed doctor, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nThe Diving Operations Special Regulations 1960, S.I.1960/688(1960 II, p. 1410).\nIn Regulation 3—\n(a) the definition of “appointed doctor” shall be omitted; and\n(b) the new definitions set out in Part I of this Schedule shall be inserted.\nIn Regulation 9, for references to the appointed doctor, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nThe Lead Processes (Medical Examinations) Regulations 1964, S.I.1964/1728(1964 III, p. 3846).\nIn Regulation 3, for the definition of “approved” there shall be substituted the following definition:—\n““approved” means approved for the time being by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser. ” means approved for the time being by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser.\nThe Carcinogenic Substances Regulations 1967, S.I.1967/879(1967 II, p. 2619).\nIn Regulation 2—\n(a) the definition of “appointed doctor” shall be omitted; and\n(b) the new definitions set out in Part I of this Schedule shall be inserted.\nIn Regulation 8—\n(a) for references to the appointed doctor, wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”; and\n(b) in paragraph (3), for the words “Except where otherwise authorised or directed in writing by the inspector for the district” there shall be substituted the words “Except where the occupier is otherwise directed in writing by an employment medical adviser or an appointed doctor”.\nThe Ionising Radiations (Unsealed Radioactive Substances) Regulations 1968, S.I.1968/780(1968 II, p. 2153).\nIn Regulation 2—\n(a) the definition of “appointed doctor” shall be omitted;\n(b) the new definitions set out in Part I of this Schedule shall be inserted; and\n(c) for the definition of “approved” there shall be substituted the following definition:—\n““approved” means—\n(i) in Regulation 32(2), approved for the time being for the purposes of these Regulations by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser; and\n(ii) elsewhere, approved for the time being for the purposes of these Regulations by certificate of the Chief Inspector. ” means— (i)in Regulation 32(2), approved for the time being for the purposes of these Regulations by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser; and (ii)elsewhere, approved for the time being for the purposes of these Regulations by certificate of the Chief Inspector.\nFor other references to the “appointed doctor” wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 20, paragraph (b) shall be omitted.\nIn Regulation 31, for paragraph (1) there shall be substituted the following paragraph:—\n“(1) Except where the occupier is otherwise directed in writing by an employment medical adviser or an appointed doctor, any medical examination by an employment medical adviser or an appointed doctor for the purposes of these Regulations shall take place at the factory”.\nFor Regulation 33, there shall be substituted the following Regulation:—\n“Notice of unfitness for certain employments\n33 (1) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in work as a classified worker or in total enclosures, active areas, decontamination areas, radiation areas or tracer areas would involve special danger to his health, shall not be employed in any such work unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor, and no person shall perform any such work while it is to his knowledge unlawful under this paragraph for him to be employed in such work.\n(2) The occupier shall forthwith notify the inspector for the district of the making of any entry by an employment medical adviser or an appointed doctor recording his opinion as aforesaid.”\nThe Ionising Radiations (Sealed Sources) Regulations 1969, S.I.1969/808(1969 II, p. 2296).\nIn Regulation 2—\n(a) the definition of “appointed doctor” shall be omitted;\n(b) the new definitions set out in Part I of this Schedule shall be inserted; and\n(c) for the definition of “approved” there shall be substituted the following definition:—\n““approved” means—\n(i) in Regulation 29(2), approved for the time being for the purposes of these Regulations by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser; and\n(ii) elsewhere, approved for the time being for the purposes of these Regulations by certificate of the Chief Inspector. ” means— (i)in Regulation 29(2), approved for the time being for the purposes of these Regulations by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser; and (ii)elsewhere, approved for the time being for the purposes of these Regulations by certificate of the Chief Inspector.\nFor other references to the “appointed doctor” wherever they occur, there shall be substituted references to “an employment medical adviser or an appointed doctor”.\nIn Regulation 17, paragraph (b) shall be omitted.\nIn Regulation 28, for paragraph (1) there shall be substituted the following paragraph:—\n“(1) Except where the occupier is otherwise directed in writing by an employment medical adviser or an appointed doctor, any medical examination by an employment medical adviser or an appointed doctor for the purposes of these Regulations shall take place at the factory”.\nFor Regulation 30, there shall be substituted the following Regulation:—\n“Notice of unfitness for certain employments\n30 (1) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in work as a classified worker or in a radiation area would involve special danger to his health, shall not be employed in any such work unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor, and no person shall perform any such work while it is to his knowledge unlawful under this paragraph for him to be employed in such work.\n(2) The occupier shall forthwith notify the inspector for the district of the making of any entry by an employment medical adviser or an appointed doctor recording his opinion as aforesaid.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1980/1248",
      "affecting_title": "The Control of Lead at Work Regulations 1980"
    },
    {
      "type": "rev.in pt.",
      "affecting": "uksi/1996/1656",
      "affecting_title": "The Work in Compressed Air Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1985/1333",
      "affecting_title": "The Ionising Radiations Regulations 1985"
    },
    {
      "type": "words revoked",
      "affecting": "uksi/1988/1657",
      "affecting_title": "The Control of Substances Hazardous to Health Regulations 1988"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1973/36/schedule/part/II",
    "retrieved_at": "2026-10-29T22:20:51.973681+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}