5 10 15 20 25 Provisions as 120.-(1) The following provisions shall apply to A.D. 1924. such orders made by the Secretary of State in pursuance of this Act as are in this Act referred to as special to orders of orders: Secretary of (1) The order shall be under the hand of the State. (2) The order shall be laid as soon as may be before (2) Any order made by the Secretary of State under this Act may be made subject to such conditions as he may see fit, and may be varied or revoked by a subsequent order made in like manner as the original order. PART XII. PENALTIES AND LEGAL PROCEEDINGS. Fine for not keeping factory in with Act. 121.-(1) In the event of any contravention in or in connexion with or in relation to a factory of the provisions of this Act, or of any regulation or order made in pursuance conformity 30 of this Act, for which contravention no express penalty is provided by this Act, the occupier or (if the provision contravened is one in respect of which the owner or manager is made responsible) the owner or manager shall be guilty of an offence and liable to a fine not exceeding 35 twenty pounds, and, in the case of a continuing offence, to a further fine not exceeding five pounds for each day during which the offence continues after conviction thereof. (2) If the occupier avails himself of any special exception allowed by or in pursuance of this Act and fails 40 to comply with any of the conditions attached to such exception, he shall be deemed to have contravened the provisions of this Act. A.D. 1924. Fines in case of death or injury. 3) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulation or order made in pursuance of this Act, there shall be deemed to be a separate contravention in respect of each person so employed. 5 (4) In the event of any contravention by any employed person of any provision of this Act or of any regulation or order made in pursuance of this Act for which no express penalty is provided by this Act, he shall be guilty of an offence, and liable to a fine not exceeding five pounds; 10 and the occupier shall also be liable to a fine not exceeding ten pounds unless he proves that he has taken all reasonable means to enforce the provision and prevent the contravention. (5) Where a person convicted of an offence under 15 this Act is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his consent, connivance or wilful default. 20 122. If any person is killed, or dies, or suffers any bodily injury or injury to health, in consequence of the occupier or owner of a factory having neglected to observe any provision of this Act or any order or regulation made in pursuance of this Act, the occupier or owner of the 25 factory shall be guilty of an offence, and, without prejudice to any other penalty, liable to a fine not exceeding one hundred pounds, and, in the case of a second or subsequent conviction in relation to a factory within two years from the last conviction for the same offence, not less than ten 30 pounds for each offence, and the whole or any part of the fine may be applied for the benefit of the injured person or his family, or otherwise as the Secretary of State determines: Provided that— (a) in the case of injury to health the occupier or owner shall not be liable under this section unless the injury was caused directly by the neglect; and 35 (b) the occupier or owner shall not be liable to a 40 fine under this section if an information against him under this Act in respect of the act or 10 15 20 25 25 30 default by which the death or injury was A.D. 1924. 123. If a child or young person is employed in a Fine for 5 factory contrary to the provisions of this Act, the parent offence by of the child or young person shall be liable to a fine not parent. exceeding five pounds, unless it appears to the court that the offence was committed without the consent, connivance, or wilful default of the parent. 124. If any person (a) forges or counterfeits any certificate for the Forgery of certificates, false entries. and false (b) gives or signs any such certificate knowing the declarations. or (d) knowingly utters or makes use of as applying (e) personates any person named in a certificate ; or (f) falsely pretends to be an inspector; or (g) wilfully connives at the forging, counterfeiting, (h) wilfully makes a false entry in any register, (j) knowingly makes use of any such false entry he shall be guilty of an offence, and liable to a fine not 35 exceeding twenty pounds, or to imprisonment for a term not exceeding three months. 125. Where an act or default for which an occupier Penalty on or owner is liable, is in fact the act or default of some persons actually com. agent, servant, worker or other person, that agent, mitting 40 servant, worker or other person shall be liable to the offence for like penalty as if he were the occupier or owner, as the pier is liable. which occu A.D. 1924. Power of occupier to exempt 126.--(1) Where the occupier or owner of a factory is charged with an offence against this Act, he shall be entitled, upon information duly laid by him and on giving not less than three days' notice of his intention to the himself from prosecution, to have any other person whom he charges 5 as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or owner of the factory proves to the satisfaction of the court fine on conviction of the actual offender. Proceedings against persons (a) that he has used all due diligence to enforce the execution of this Act; and (b) that the said other person had committed the offence in question without his consent, connivance, or wilful default, that other person shall be summarily convicted of the offence, and the occupier or owner shall be exempt from any fine. The person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings: Provided that the prosecution shall have the right in any such case to cross-examine the occupier or owner if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence. 10 15 20 (2) When it is made to appear to the satisfaction 25 of an inspector at the time of discovering an offence(a) that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Act; and (b) by what person the offence has been committed; 30 and (c) that it has been committed without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders, the inspector shall proceed against the person whom he 35 believes to be the actual offender without first proceeding against the occupier or owner of the factory. 127. Where, under this Act, any person is substituted for the occupier or owner with respect to any provisions of this Act, any order, summons, notice, or 40 other than proceeding which for the purpose of any of those pro- A.D. 1924. visions is by this Act required or authorised to be served on or taken in relation to the occupier or owner is hereby required or authorised (as the case may be) to be served 5 on or taken in relation to that person. occupiers. certain cases 128. Where in a factory the owner or hirer of a Owner of machine or implement moved by steam, water or other machine mechanical power is some person other than the occupier liable in of the factory, the owner or hirer shall, so far as respects instead of 10 any offence against this Act committed in relation to a occupier. person who is employed in or about or in connexion with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory. 15 20 25 129.-(1) All offences under this Act shall be prosecuted and all fines under this Act shall be recovered summarily. (2) In any proceedings under this Act (i) it shall be sufficient to allege that the factory (iii) the court shall, if required by either party, (3) Where, with respect to or in consequence of any accident in a factory, a report is made by the court appointed to hold a formal investigation under this Act 30 or under the Boiler Explosions Acts, 1882 and 1890, or a coroner's inquest is held, and it appears from the report, or from the proceedings at the inquest, that any of the provisions of this Act, or any orders or regulations made thereunder, were not complied with at or before the time 35 of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be commenced at any time within three months after the making of the report or the conclusion Prosecution of offences and recovery and application of fines. |