Celluloid and Cinematograph Film Act 1922

1922 CHAPTER 35 12_and_13_Geo_5

An Act to make better provision for the prevention of fire in premises where raw celluloid or cinematograph film is stored or used.

[4th August 1922]

1 General safety provisions

(1)No premises shall be used for any purpose to which this Act applies—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b)unless the premises are provided with such means of escape in case of fire as the local authority may reasonably require, and such means of escape are maintained in good condition and free from obstruction;

(c)if the premises are situated underneath premises used for residential purposes;

(d)if the premises are so situated that a fire occurring therein might interfere with the means of escape from the building of which they form part or from any adjoining building;

(e)where the premises form part of a building, unless such part either—

(i)is separated from any other part of the building by fire-resisting partitions (including fire-resisting ceilings and floors) and fire-resisting self-closing doors; or

(ii)is so situated and constructed that a fire occurring therein is not likely to spread to other parts of the building, and its use for the purposes to which this Act applies is sanctioned in writing by the local authority and any conditions attached to such sanction are complied with;

(f)unless the regulations set out in the First Schedule to this Act are duly observed;

(g)unless any regulations are duly observed which may be made by the Secretary of State with respect to the use upon the premises of any cinematograph or other similar apparatus.

(2)In the case of premises used for any purpose to which this Act applies at the date of the commencement of this Act, . . . F2the provisions of this section requiring means of escape in case of fire to be provided shall not take effect until the expiration of such period as may be reasonably necessary for enabling the occupier to comply with any requirements of the local authority in that respect.

(3)Any person aggrieved by any requirement of a local authority, or the refusal of the local authority to grant any sanction, or by the conditions attached to any such sanction, may, within seven days after being notified of such requirement, refusal or conditions, appeal to a court of summary jurisdiction, provided that he has given not less than twenty-four hours notice in writing of such appeal and of the grounds thereof to the local authority, and the court on any such appeal may make such order as appears to the court to be just, including any order for the payment of costs.

(4)The Secretary of State may by order, made in accordance with the provisions contained in the Second Schedule to this Act—

(a)make regulations with respect to the use of any cinematograph or similar apparatus upon any premises used for any purpose to which this Act applies; and

(b)modify or add to the regulations set out in the First Schedule to this Act, and those regulations shall thereupon have effect as so modified or added to.

An order made under this section may apply either generally, or to such classes or descriptions of premises as may be mentioned in the order.

2 Purposes to which the Act applies

The purposes to which this Act applies are—

(1)the keeping or storing of raw celluloid—

(a)in quantities exceeding at any one time [ F150 kilograms]; or

(b)in smaller quantities unless kept (except when required to be exposed for the purpose of the work carried on in the premises) in a properly closed metal box or case; and

(2)the keeping or storing of cinematograph film—

(a)in quantities exceeding at any one time twenty reels, or [ F137 kilograms] in weight; or

(b)in smaller quantities unless each reel is kept (except when required to be exposed for the purpose of the work carried on in the premises) in a separate and properly closed metal box or case:

Provided that—

(i)for the purposes of this Act, cinematograph film shall be deemed to be kept in any premises where it is temporarily deposited for the purpose of examination, cleaning, packing, re-winding or repair, but celluloid or cinematograph film shall not be deemed to be kept or stored in any premises where it is temporarily deposited whilst in the course of delivery, conveyance or transport; and

(ii)the provisions of this Act shall not, except in the cases referred to in paragraphs (c), (d) and (e) of subsection (1) of section one thereof, apply to premises to which [F2the M1Factories Act 1961 applies]; and

(iii)the provisions of this Act shall not apply to premises licensed in accordance with the provisions of [F3section 1 of the Cinemas Act 1985]. [F4and

F4(iv)the provisions of this Act shall not apply to a workplace within the meaning of the Fire Precautions (Workplace) Regulations 1997 F5.]

3 Penalties for infringement of foregoing provisions

(1)In the event of any contravention in or in connection with any premises of the foregoing provisions of this Act, the occupier shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale] and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued after conviction thereof.

(2)In the event of the contravention by any person employed on any premises of any regulation contained in the First Schedule to this Act or of any regulation made under this Act, he shall be liable on summary conviction to a fine not exceeding [F2level 1 on the standard scale].

(3)The provisions of [F3section 161 of the M1Factories Act 1961] (which relates to the power of an occupier to exempt himself from fine on the conviction of the actual offender), shall apply to offences under this Act as it applies to offences under that Act.

4 Execution of Act by local authorities

(1)It shall be the duty of local authorities to see that the provisions of this Act are duly complied with.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

5 Power of entry

(1)An officer duly authorised by a local authority may, at all reasonable times, enter and inspect any premises which are used, or which such officer has reasonable cause to believe are used, wholly or in part for any purpose to which this Act applies.

(2)Every such officer as aforesaid shall be furnished with a certificate of his authorisation by the local authority and when visiting any such premises as aforesaid shall, if so required, produce the said certificate to the occupier of the premises.

6 Power to take samples

An officer duly authorised by a local authority may, at any time, take for analysis sufficient samples of any material which he suspects to be or to contain celluloid.

7 Obstruction of officers

If any person refuses to permit any officer authorised under this Act to enter or inspect any premises, or hinders or obstructs any such officer in the execution of his duty under this Act, or refuses to allow any officer to take samples in pursuance of the last preceding section or to give him facilities for the purpose, that person shall be liable on summary conviction to a fine not exceeding [F1level 2 on the standard scale].

8 Power of county court to modify agreements and to apportion expenses

(1)If any occupier of premises is prevented by any agreement from carrying out any structural alterations which are necessary to enable him to comply with the provisions of this Act, and is unable to obtain the consent to those alterations of the person whose consent is necessary under the agreement, he may apply, in accordance with rules of court, to the county court, and the court, after hearing the parties and any witnesses whom they may desire to call, may make such an order setting aside or modifying the terms of the agreement as the court considers just and equitable in the circumstances of the case.

(2)Where in any premises any structural or other alterations are required in order to comply with the provisions of this Act and the occupier alleges that the whole or part of the expense of the alterations ought to be borne by the owner, the occupier may apply, in accordance with rules of court, to the county court, and the court, after hearing the parties and any witnesses whom they may desire to call, may make such order concerning the expenses or their apportionment as the court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the court may, at the request of the occupier, determine the lease.

9 Definitions

For the purposes of this act—

• The expression “celluloid” means and includes the substances known as celluloid and xylonite and other similar substances, containing nitrated cellulose or other nitrated products, but does not include any substances which are explosives within the meaning of the M1Explosives Act 1875:

• The expression “raw celluloid” means—

(a)celluloid which has not been subjected to any process of manufacture; and

(b)celluloid scrap or waste:

• The expression “cinematograph film” means any film containing celluloid which is intended for use in a cinematograph or any similar apparatus:

• The expression “local authority” means [F1the council of a county [F2or county borough]or London borough or the Common Council of the City of London][F3and in a metropolitan county means the fire authority].

10 Application to Scotland and Ireland

(1)This Act shall apply to Scotland subject to the following modifications:—

• The Secretary for Scotland shall be substituted for the Secretary of state;

• “Court of summary jurisdiction” and “county court” shall mean the sheriff;

• “Local authority” shall mean [F1a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] . . . F2

(2)This Act shall not apply to Ireland.

11†Short title, commencement, &c

(1)This Act may be cited as the Celluloid and Cinematograph Film Act 1922, . . . F1

(2)This Act shall not apply . . . F2 to the [F3area of the former] city and royal burgh of Glasgow.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4