A.D. 1926. Certificate of fitness for. ificate of fitness of Young Persons for Employment. 91.-(1) Subject to the provisions of this section, a young person shall not be taken into any employment in employment a factory unless he has been examined by the appointed doctor within the prescribed period and certified by him 5 to be fit for that employment. of young persons. (2) The certificate by the appointed doctor may be given (a) in respect of employment (i) in a particular factory; (ii) in any group, class, or description of factories; (iii) in a particular process or class or description of work; and 10 (b) upon condition that the person concerned shall 15 (3) The Secretary of State may by order transfer to the local authority the duty of arranging for the medical examination and certification of young persons under this section. (4) The Secretary of State may make rules for 25 prescribing (a) the manner in which and the place at which examinations under this section shall be conducted; (b) the form of certificates under this section; (c) the facilities to be afforded by occupiers of factories for the purpose of examinations under this section; 30 (d) Any other matter which the Secretary of State may consider desirable for the purpose of giving 35 effect to this section. (5) It shall be the duty of every local education authority under the Education Act, 1921, to arrange for the production to an appointed doctor for his confidential information of so much of the school medical record of a 40 young person as may be necessary to enable him to carry 5 out effectively the examination under this section, and the A.D. 1926. Minister of Health may, in consultation with the Secretary of State, make rules for the purpose of securing the observance of the provisions of this subsection or may arrange that the Board of Education may make such rules on his behalf. 66 (6) For the purposes of this Act the expression local authority" means as respects a county the council of the county, and as respects a county borough the 10 council of the borough. 15 (7) The Secretary of State may by order exempt from the operation of this section any factory or class or description of factories in which mechanical power is not used. 92. Where an inspector is of opinion that the Power of employment of any young person in a factory or in any inspector to particular process or kind of work in a factory is preju- certificate of require dicial to his health or the health of other persons, he may capacity for serve written notice thereof on the occupier of the factory work. 20 requiring that the employment of that young person in the factory or in the process or kind of work, as the case may be, be discontinued after the period named therein, not being less than one nor more than seven days after the service of the notice, and the occupier 25 shall not continue after the period named in the notice to employ that young person (notwithstanding that a certificate of fitness has been previously obtained for the young person), unless the appointed doctor has, after the service of the notice, personally examined the young 30 person, and certified that he is fit for employment in the factory or in the process or kind of work as the case may be. 93. The provisions of this Part of this Act shall be Saving. in addition to and not in derogation of the provisions of 35 the Employment of Women, Young Persons and Children Act, 1920, and of any other enactments relating to the employment of women, young persons and children. 40 PART VII. SPECIAL APPLICATIONS AND EXTENSIONS. Premises in respect of which Owner is liable. 94.-(1) The owner (whether or not he is one of Tenement the occupiers) of a tenement factory shall, instead of factories. the occupier, be liable for the observance, and punishable A.D. 1926. for non-observance, of the following provisions of this (ii) The provisions in Part II. except those respecting 10 (iii) The provisions in Part III. with respect to 20 (iv) The provisions of Part IV. with respect to 25 metal grinding factories, and (in the case of any room which is occupied by more than one tenant) removal of dust or fumes: Provided that in the case of metal grinding factories it shall be the duty of the occupier to see that the horsing 30 chains, hooks and fastenings for grinders' horsings or seats are kept in efficient condition; (v) The provisions of Part VI. as to notices fixing the hours of employment; and (vi) The provisions of Part X. as to affixing an abstract and notices; and for the purpose of the foregoing provisions the whole of a tenement factory shall be deemed to be one factory : Provided that any occupier may affix in his own tenement the notice with respect to the period of employment, and times for meals, and thereupon that notice shall, with respect to persons employed by that occupier, have effect in substitution for the corresponding notice affixed by the owner. 35 40 5 (2) The provisions of Part II. of this Act conferring A.D. 1926. power to make orders as to unhealthy or dangerous factories shall apply in the case of a tenement factory as if the owner were substituted for the occupier. 95. Where a part of a building is let off as a Premises separate factory, the provisions of Part I. of this Act where part with respect to cleanliness and lighting, and the pro- is separate of building visions of Part II. of this Act with respect to maintenance factory. of passages and stairs, shall apply to all passages and stairs 10 serving the part so let off, and the owner of the building shall, instead of the occupier, be liable for the observance of the said provisions and of the provisions of this Act relating to the provision and maintenance of sufficient sanitary accommodation, to means of escape and (so far as 15 they relate to matters within the control of the owner) safety provisions in case of fire, to hoists and lifts, and to the cleanliness of the sanitary accommodation when used in common by several tenants. 20 Institutions. 96.-(1) Where in any premises forming part of an Institutions. institution carried on for charitable or reformatory purposes, not being premises subject to inspection by or under the authority of any Government department, any manual labour is exercised in or incidentally to the 25 making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, the provisions of this Act shall, subject as hereinafter provided, apply to those premises notwithstanding that the work carried 30 on therein is not carried on by way of trade or for the purpose of gain, or that the persons working therein are not employed under a contract of service or apprenticeship. (2) If in any institution to which this section applies 35 the persons having the control of the institution (hereinafter referred to as the managers) satisfy the Secretary of State that the only persons working therein are persons who are inmates of and supported by the institution, or persons engaged in the supervision of the work or 40 the management of machinery, and that such work as aforesaid is carried on in good faith for the purposes of the support, education, training, or reformation of persons engaged in it, the Secretary of State may by order A.D. 1926. direct that so long as the order is in force this Act shall apply to the institution subject to the following modifications: (a) The managers may submit for the approval (b) The medical officer of the institution (if any), 20 (c) The provisions of Part X. of this Act as to the (d) In the case of premises forming part of an 30 |