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Repeal and replacement of
section 44.
Amendment of section 44A.
Repeal and
replacement of section 45.
Ord. No. 43/87
LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)
(2) Where under section 12(3)(b) the Director refuses to permit a new lift or escalator to be used or operated and when, under section 14(2) or a direction of an appeal board given under section 17(1) or (2), he permits the lift or escalator to be used or operated, he shall deliver a copy of the certificate in the specified form to the owner of the lift or escalator after certifying on it that it has been received and registered.
(3) The owner of the lift or escalator shall post, or cause to be posted, in a conspicuous position in the lift or on the escalator any certificate delivered to him under this section, and shall keep that certificate so posted until another such certificate is delivered to him.".
38. Section 44 of the principal Ordinance is repealed and replaced by the following
"Power of Director to exempt lifts or
escalators from
certain provisions of the Ordinance.
44. Where the Director is satisfied that it is consistent with the interests of safety, he may, if application in writing is made to him in that behalf, exempt any lift or escalator from all or any of the provisions of section 12, 13, 19, 21, 22, 23 or 24 and, in granting any such exemption, the Director may impose such conditions as to the operation, maintenance and examination of the lift or escalator or the testing of any safety equipment provided therefor as he considers necessary.”.
39. Section 44A(8) of the principal Ordinance is amended—
(a) by deleting the semicolon at the end of the definition of "goods
lift" and substituting a full stop; and
(b) by deleting the definition of “industrial undertaking”.
40. Section 45 of the principal Ordinance is repealed and replaced by the following-
"Power of Director to specify forms.
Amendment of section 46.
45. The Director may specify any form for the purposes of this Ordinance.".
Addition of
41. Section 46(1) of the principal Ordinance is amended by inserting after "subsection (2)" the following-
", and notwithstanding paragraphs (a)(i), (ia) and (ii) and (b)(i), (ia) and (ii) of section 3(1) where the lessee or sub-lessee is not the Crown, a government of any member of the Commonwealth, the Housing Authority or Her Majesty's naval, military or air force services”.
42. The principal Ordinance is amended by adding after section 48 the
new sections 49 following-
49. (1) The Governor may by regulation provide for—
and 50.
"Regulations.
LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)
Transitional provisions.
(Cap. 123.)
(a) registration of—-
(i) lift engineers;
(ii) escalator engineers;
(iii) lift contractors;
(iv) escalator contractors,
Ord. No. 43/87
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and the regulation of the activities of such registered engineers and contractors;
(b) the design, construction, inspection, examination, testing, operation and maintenance of lifts and escalators;
(c) the carrying out of lift works and escalator works,
and other works in relation thereto;
(d) plans, notices and certificates to be delivered to the
Director;
(e) fees; (f) forms;
(g) the better carrying into effect of this Ordinance.
(2) Regulations under subsection (1) may provide—
(a) that any regulations in force prior to the commence- ment of the regulations made under subsection (1) shall apply to any lifts or escalators that have been installed, or to any lift works or escalator works that are completed or are being carried out, at such commencement; and
(b) that the Director may require compliance with any regulations made under subsection (1) in respect of any lifts or escalators that are commissioned, or any lift works or escalator works that are being carried out, at the commencement of such regulations after a date specified by him.
(3) Regulations under subsection (1) may provide that a contravention of any specified provision thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $50,000 and imprisonment for 12 months.
(4) Regulations under subsection (1), other than regula- tions under paragraph (e) of that subsection, shall, subject to subsection (5), be published once in the Gazette at least 3 weeks before coming into operation.
(5) Where the Governor deems it expedient, he may dispense with the requirement under subsection (4) to publish regulations at least 3 weeks before coming into operation.
50. (1) The Director shall include in the register of lift contractors kept under section 11B(1), without payment of the prescribed fee referred to in section 11C(3), the names of all lift contractors which appear in the register of lift con- tractors kept under section 8(1)(b) of the Buildings Ordinance