Workplace Safety and Health Act · 2024 Revised Edition · Part · Offences, Penalties and Proceedings
57. Power to apportion cost of alterations
Official textFrom Attorney General's Chambers, unchanged
Where in any premises, the whole or any part of which has been let as a workplace, any structural or other alterations are required in order to comply with this Act or to conform to any standard or requirement imposed by or under this Act, and the owner or occupier of the workplace, as the case may be, alleges that the whole or part of the cost of the alterations ought to be borne by the other party, the owner or occupier, as the case may be, may apply to the High Court for the cost of the alterations to be apportioned between them.
premises
“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);
The High Court may, after hearing the parties and any witness whom they may wish to call, make such an order concerning the apportionment of the cost as it considers just and equitable in the
Workplace Safety and Health 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 owner or occupier of the workplace, determine the lease.
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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