Workplace Safety and Health Act · 2024 Revised Edition · Part · Offences, Penalties and Proceedings
56. Power to modify agreements
Official textFrom Attorney General's Chambers, unchanged
If, by reason of an agreement between the owner and the occupier of the workplace, the whole or any part of which has been let as a workplace, the owner or the occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with this Act or in order to conform to any standard or requirement imposed by or under this Act, the owner or the occupier may apply to the High Court for the terms of agreement to be set aside or modified.
owner
“owner”, in relation to any premises, means — (a) the person receiving the rents or profits for the lease of the premises, whether on his own account or as agent or trustee for any other person; or (b) the person who would so receive the rents or profits if the premises were leased;
The High Court may, after hearing the parties and any witness whom they may wish to call, make such an order setting aside or modifying the terms of the agreement as it considers just and equitable in the circumstances of the case.
Terms defined in s 4
occupier
Defined · s 4“occupier”, in relation to any premises or part of any premises, means — (a) in the case of a factory where a certificate of registration or a factory permit has to be obtained in relation to the premises pursuant to any regulations, the person who is, or is required to be, the holder of that certificate or permit; and (b) in the case of any other premises, the person who has charge, management or control of those premises either on his own account or as agent of another person, whether or not he is also the owner of those premises;
owner
Defined · s 4“owner”, in relation to any premises, means — (a) the person receiving the rents or profits for the lease of the premises, whether on his own account or as agent or trustee for any other person; or (b) the person who would so receive the rents or profits if the premises were leased;
premises
Defined · s 4“premises” includes any place whether enclosed or built on or not, whether situated underground or under water and, in particular, includes — (a) any building, vehicle, vessel or aircraft; (b) any structure, whether a fixed structure or a movable structure such as a tent; and (c) a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
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