Page images
PDF
EPUB

clerks and servants.

A.D. 1924. fix) and such clerks and servants as he thinks necessary for the execution of this Act, and may assign to them their duties and award them their salaries, and may appoint a chief inspector (in this Act referred to as the chief inspector) with an office in London, and may regulate the 5 cases and manner in which the inspectors, or any of them, are to execute and perform the powers and duties of inspectors under this Act, and may remove such inspectors, clerks, and servants.

(2) In the appointment of inspectors of factories in 10 Wales and Monmouthshire, among candidates otherwise equally qualified, persons having a knowledge of the Welsh language shall be preferred.

(3) Notice of the appointment of every inspector shall be published in the London Gazette.

(4) The salaries of the inspectors, clerks, and servants, and the expenses incurred by them shall be deemed to be expenses of the Secretary of State in carrying this Act into effect.

15

(5) A person who is the occupier of a factory, or is 20 directly or indirectly interested therein or in any process or business carried on therein, or in a patent connected therewith, or is employed in or about a factory, shall not act as an inspector.

(6) An inspector shall not be liable to serve on any 25 jury or in any parochial or municipal office.

(7) Such annual report of the proceedings of the inspectors as the Secretary of State directs shall be laid before both Houses of Parliament.

(8) A reference in this Act-
(a) to an inspector refers, unless it is otherwise
expressed, to an inspector appointed in pur-
suance of this section;

30

(b) to the inspector for the district or to the super-
intending inspector for the division refers, as 35
respects any factory, to the inspector in charge
of the district, or the superintending inspector
in charge of the division, in which the factory
is situate.

(9) Any notice or other document required by this 40 Act to be sent to an inspector shall be sent to such inspector as a Secretary of State directs, by declaration published in the London Gazette or otherwise as he

10

15

20

25

30

35

40

thinks expedient for making the same known to all A.D. 1924, persons interested.

114.-(1) An inspector shall, for the purpose of the Powers of execution of this Act, have power to do all or any of inspectors. 5 the following things; namely,

(a) to enter, inspect, and examine at all reasonable
times, by day and night, a factory, and every
part thereof, when he has reasonable cause to
believe that any person is employed therein, and
to enter by day any place which he has reasonable
cause to believe to be a factory; and
(b) to take with him in either case a constable into
a factory in which he has reasonable cause to
apprehend any serious obstruction in the execu-
tion of his duty; and

(c) to require the production of the registers, cer-
tificates, notices, and documents kept in pur-
suance of this Act, and to inspect, examine,
and copy the same; and
(d) to make such examination and inquiry as may
be necessary to ascertain whether the enactments
for the time being in force relating to public
health and the provisions of this Act are com-
plied with, so far as respects the factory and the
persons employed therein; and

(e) to examine, either alone or in the presence of
any other person, as he thinks fit, with respect
to matters under this Act, every person whom
he finds in a factory, or whom he has reasonable
cause to believe to be or to have been within
the preceding two months employed in a factory,
and to require every such person to be so ex-
amined and to sign a declaration of the truth
of the matters respecting which he is so examined:
Provided that no one shall be required under
this provision to answer any question or to give
any evidence tending to criminate himself; and
(f) to exercise such other powers as
may be
necessary for carrying this Act into effect.
(2) The occupier of every factory, his agents and
servants, shall furnish the means required by an inspector
as necessary for an entry, inspection, examination, inquiry,
or the exercise of his powers under this Act in relation
to that factory.

A.D. 1924.

Power of

inspector to conduct

(3) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section, or to produce any register certificate notice or document which he is required by or in pursuance of 5 this Act to produce, or conceals or prevents, or attempts to conceal or prevent a woman, young person, or child, from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act. 10

(4) Where an inspector is obstructed in the execution of his duties under this Act, the person obstructing him shall be guilty of an offence, and liable to a fine not exceeding five pounds; and where an inspector is so obstructed in a factory, the occupier of that factory 15 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 under this section in relation to a factory within two years from the last conviction for the same offence, a fine not less than one pound 20 shall be imposed for each offence.

115. An inspector, if so authorised in writing under the hand of the Secretary of State, may, although he is not of counsel, or a solicitor, or law agent, prosecute, proceedings conduct, or defend before a court of summary jurisdiction 25 magistrates. or justice, any information, complaint, or other proceeding arising under this Act, or in the discharge of his duty as inspector.

before

Certificate

ment of inspector.

116. Every inspector shall be furnished with the of appoint- prescribed certificate of his appointment, and when 30 visiting a factory or place to which any of the provisions of this Act apply shall, if so required, produce the said certificate to the occupier.

Appointment and

duties of appointed doctors.

117.-(1) The Secretary of State, and, if the Secretary of State so directs, the chief inspector, may appoint 35 a sufficient number of duly qualified medical practitioners to be appointed doctors for any of the purposes of this Act, and may revoke any such appointment:

Provided that where under this Act the duty of arranging for the medical examination or certification of 40 young persons has been transferred to the local authority for any district, the appointed doctor for those purposes in that district shall be appointed by the local authority.

(2) A medical practitioner who is the occupier of A.D. 1924. a factory, or is directly or indirectly interested therein, or in any process or business carried on therein, or in a patent connected therewith, shall not be the appointed 5 doctor for that factory.

(3) The Secretary of State may make rules prescribing the duties of appointed doctors.

(4) If and so long as there is no appointed doctor for a factory, the poor law medical officer for the district in 10 which the factory is situate shall act as the appointed doctor for that factory.

(5) References in the Workmen's Compensation Act, 1906, to a certifying surgeon shall be construed as references to an appointed doctor appointed 15 Secretary of State or chief inspector under this section.

by the

118.-(1) The fees to be paid to appointed doctors Fees of for carrying out their duties under this Act shall be such appointed as may be determined by the Secretary of State, and such doctors. fees shall, in the case of any examination or certificate 20 with respect to the fitness of a young person for employment in a factory and in the case of any examination in pursuance of regulations of a person employed in a factory, be paid by the occupier of that factory, and in any other case shall be defrayed as an expense of carrying 25 this Act into effect.

30

35

119.-(1) In this Act, the expression "district Provisions

council" means

(a) as respects the City of London, the common
council;

(b) as respects any other part of the administrative
county of London, the metropolitan borough
council;

(c) as respects any other borough, including a county
borough, the borough council;

(d) as respects any urban or rural district, the urban
or rural district council:

Provided that for the purposes of the provisions of this Act relating to means of escape in case of fire the London County Council shall, as respects the whole of the adminis40 trative county of London, be substituted for the common council and the metropolitan borough councils.

as to local authorities

A.D. 1924.

(2) The expenses of a council under this Act shall be defrayed

(a) in the case of the City of London out of the general rate;

(b) in the case of the London County Council as 5 part of their expenses in the execution of the London Building Act, 1894, as amended by any subsequent Act, and in the case of any other county council out of the county fund;

(c) in the case of a metropolitan borough council as 10 part of their expenses in the execution of the Public Health (London) Act, 1891;

(d) in the case of any other borough council or urban district council as part of their expenses

in the general execution of the Public Health 15 Acts, 1875 to 1908; and

(e) in the case of a rural district council as special expenses incurred in the execution of the Public Health Acts, 1875 to 1908, and those expenses shall be charged to the contributory place in 20 which the factory is situate.

(3) The medical officer of health of every district council shall

(a) in his annual report to the council report

specifically on the administration of and furnish 25
the prescribed particulars with respect to the
matters under Part I. and Part VIII. of this Act
which are administered by the district council,
and shall send a copy of his annual report or
so much of it as deals with those matters to the 30
Secretary of State; and

(b) give written notice to the inspector for the
district of any factory coming to his knowledge
in which no abstract of this Act is affixed in
accordance with this Act.

(4) The powers conferred by this Act on district
councils shall be in addition to and not in substitution
for any other powers which they may possess.

35

(5) For the purpose of their duties with respect to factories under this Act and under the law relating to 40 public health, the district council and their officers shall, without prejudice to their other powers, have all such powers of entry, inspection, taking legal proceedings, or otherwise, as an inspector has.

« PreviousContinue »