5 circumstances of any class of work, may, if he thinks fit, A.D. 1924. by special order make such modifications in the application of the provisions to that class as may in his opinion be necessary. (9) If the occupier or contractor fails to comply with the requirements of this section or fraudulently uses a false indicator for ascertaining the particulars or amount of any work paid for by the piece, or if any employed person fraudulently alters an automatic indi10 cator, the occupier, contractor, or person employed, as the case may be, shall be guilty of an offence and liable to a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction within two years from the last conviction for that offence, not less than one 15 pound: Provided that an indicator shall not be deemed false if it complies with the requirements of this section. (10) If any person employed, having received any particulars required by this section, whether they are 20 furnished directly to him or to a fellow workman, discloses the particulars for the purpose of divulging a trade secret, he shall be guilty of an offence, and liable to a fine not exceeding twenty pounds. (11) If any person for the purpose of obtaining know25 ledge of or divulging a trade secret, solicits or procures a person employed to disclose any such particulars, or with that object pays or rewards any such person, or causes any such person to be paid or rewarded for disclosing such particulars, he shall be guilty of an offence, 30 and liable to a fine not exceeding one hundred pounds. (12) In this section the expression "person employed includes any contractor employed by the occupier of a factory on the business of the factory outside the factory, or employed by the occupier of a place from which work 35 is given out in connexion with the said work, except a contractor who does not personally do any part of the work which he undertakes: Provided that a person employing a contractor shall not be liable to a fine for any failure to furnish him with 40 particulars if he shows to the satisfaction of the court that he had reasonable ground for believing that the contractor was the occupier of a factory and that the A.D. 1924. work given out would be wholly done by persons employed by the contractor and no part thereof by the contractor personally. Modification 104. The last foregoing section shall apply in of foregoing relation to weavers in the worsted, woollen and cotton 5 trades subject to the following modifications and exceptions: section in relation to weavers. Weights and measures used in ascertaining wages. (a) as respects weavers in the worsted and woollen (b) as respects weavers in the cotton trade, par- (c) provisoes (ii) and (iii) in subsection (2) and in relation to weavers in the worsted and cotton 20 trades. 105.—(1) Every Act for the time being in force relating to weights and measures or weighing or measuring instruments shall extend to weights, measures, and weighing instruments used in a factory for the purpose 25 of checking or ascertaining the wages of any person employed therein, in like manner as if they were used for trade, and the Board of Trade may, after consultation with the Secretary of State, by order direct that any of the provisions of any such enactment shall extend 30 to such measuring instruments used in factories for such purposes as aforesaid as may be specified in the order. (2) Every inspector or other person authorised under the Acts relating to weights and measures or weighing 35 or measuring instruments to inspect or examine weights and measures shall inspect, stamp, mark, search for, and examine the weights and measures and weighing and measuring instruments to which those Acts are extended by or under this section, and for that purpose shall have 40 the same powers and duties as he has with respect to weights, measures and instruments used for trade. A.D. 1924. PART X. MISCELLANEOUS. 106.-(1) Every person shall, within one month Notice of after he begins to occupy, or to use any premises as, occupation 5 a factory, serve of factory. on the inspector for the district a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the district council, the nature of the work, the nature and amount of the moving power, if any, and such other 10 particulars as may be prescribed. (2) Where an inspector receives notice in pursuance of this section with respect to a factory in which mechanical power is not used and which forms part of a dwelling-house or shop, or is adjacent to a dwelling15 house or shop in the same occupation, he shall forthwith forward a copy of the notice to the district council. 107.-(1) There shall be kept affixed at each entrance Affixing of of a factory at which employed persons enter, and in such abstract and other parts thereof as an inspector for the time being 20 directs, in the prescribed form, and in such position as to 25 30 (b) a notice of the address of the inspector for the (c) a notice of the clock (if any) by which the (2) If any person pulls down, injures or defaces any abstract, notice, regulations or other document posted up in pursuance of this Act, he shall be guilty of an offence and liable to a fine not exceeding five pounds. notices. 35 108.-(1) In every factory there shall be kept a General register, called the general register, in which there shall registers. be entered in the prescribed form 40 (a) the prescribed particulars as to the young persons employed in the factory; and (b) the prescribed particulars as to the washing, white- A.D. 1924. Preservation and records. (c) the prescribed particulars as to every accident and case of industrial disease occurring in the factory of which notice is required to be sent to an inspector; and (d) the report of every examination of a steam boiler 5 and the record of every examination of a steam receiver and compressed air receiver made in pursuance of this Act; and (e) every special exception of which the occupier of the factory avails himself; and (f) such other matters as may be prescribed. (2) There shall be attached to the general register a copy of the certificate of the district council relating to means of escape in the case of fire. 10 (3) Where any entry is required by this Act or by 15 any order or regulations made under this Act to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as primâ facie evidence of the facts therein stated, and the fact 20 that any entry so required with respect to the observance of any provision of this Act or of any order or regulation thereunder has not been made, shall be admissible as primâ facie evidence that that provision has not been observed. (4) The occupier of a factory shall send to an 25 inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act. 109. The general register and every other register or of registers record kept in pursuance of this Act shall be preserved 30 and shall be kept available for inspection by any inspector for at least two years after the date of the last entry in the register or record. Periodical return of persons employed. 110.-(1) The occupier of every factory shall, on or before such days as the Secretary of State may direct, 35 at intervals of not less than one nor more than five years, send to the chief inspector a correct return specifying, with respect to such day or days, or such period as the Secretary of State may direct, the number of persons employed in the factory, with such particulars 40 as to the age, sex, occupation, and hours of employment of the persons employed as may be prescribed. 5 (2) The occupier of any place to which any of the A.D. 1924 provisions of this Act apply shall, if so required by the Secretary of State, make a like return to the chief inspector. (3) The Secretary of State may by special order extend the duty of making a return under this section to matters other than those mentioned in this section. (4) The Secretary of State may, for the purpose of facilitating the rendering of the returns under this section 10 by occupiers of factories, arrange for the consolidation of those returns with any other returns which he or any other Government department is empowered to call for from occupiers of factories. (5) If the Secretary of State so directs the intervals 15 at which returns are to be made under this section, may, notwithstanding anything in this section, be the same as the intervals at which a census is directed to be taken under the Census of Production Act, 1906. 111.-(1) No person employed in a factory or in any Duties of 20 other place to which any provisions of this Act apply shall persons eminterfere with or misuse any means, appliance, convenience ployed. or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place. 25 30 35 (2) It shall be the duty of every person employed in a factory or in any other place to which any provisions of this Act apply to carry on his work in accordance with this Act, and where any appliance is provided for his use under this Act to use such appliance. on deductions from wages. 112. Save as otherwise expressly provided under Prohibition this Act, the occupier of a factory shall not make any deduction from the sum contracted to be paid by him to any person employed or receive any payment from any such person in respect of any provision made in pursuance of this Act. PART XI. ADMINISTRATION. 113.-(1) The Secretary of State, with the approval of Appointthe Treasury as to numbers and salaries, may appoint such ment and 40 inspectors (under whatever title he may from time to time duties of in spectors and |