A.D. 1926. factory or in the process or kind of work as the case may be.

Saving.

88. The provisions of this Part of this Act shall be in addition to and not in derogation of the provisions of the Employment of Women, Young Persons and Children 5 Act, 1920, and of any other enactments relating to the employment of women, young persons and children.

Tenement factories.

PART VII.

SPECIAL APPLICATIONS AND EXTENSIONS.

Premises in respect of which Owner is liable.

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89.-(1) The owner (whether or not he is one of
the occupiers) of a tenement factory shall, instead of
the occupier, be liable for the observance, and punishable
for non-observance, of the following provisions of this
Act, namely:-
(i) The provisions in Part I. with respect to over-
crowding, ventilation (so far as compliance
therewith necessitates the supply of mechanical
means), the drainage of floors, sanitary con-
veniences, and (except in the case of any room 20
which is occupied by not more than one tenant)
cleanliness, temperature and lighting;

(ii) The provisions in Part II. except those respecting
safe means of access, precautions in places
where dangerous fumes accumulate, cleaning 25
of machinery by women and young persons,
and those respecting self-acting machines in so
far as they relate to persons employed in a
factory or to machines supplied by the occupier
thereof Provided that the occupier shall be 30
jointly responsible with the owner for the
observance of the provisions with respect to
the maintenance and use of guards and other
safety appliances;

(iii) The provisions in Part III. with respect to 35
supply of drinking water so far as compliance
therewith necessitates any structural provision;
(iv) The provisions of Part IV. with respect to
metal grinding factories, and (in the case of any

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room which is occupied by more than one tenant) A.D. 1926.
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
chains, hooks and fastenings for grinders'
horsings or seats are kept in efficient con-
dition;

(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 20 affixed by the owner.

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(2) The provisions of Part II. of this Act conferring 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.

90. 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 30 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 steam boilers, to means of 35 escape and (so far as 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.

40

Institutions.

91.-(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

A.D. 1926. under the authority of any Government department, any manual labour is exercised in or incidentally to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, the provisions 5 of this Act shall, subject as hereinafter provided, apply to those premises notwithstanding that the work carried 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 appren- 10 ticeship.

(2) If in any institution to which this section applies
the persons having the control of the institution (herein-
after referred to as the managers) satisfy the Secretary
of State that the only persons working therein are persons 15
who are inmates of and supported by the institution,
or persons engaged in the supervision of the work or
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 20
engaged in it, the Secretary of State may by order
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 25
of the Secretary of State a scheme for the
regulation of the hours of employment, intervals
for meals, and holidays of the inmates, and if
the Secretary of State is satisfied that the pro-
visions of the scheme are not less favourable 30
than the corresponding provisions of this Act,
the Secretary of State may approve the scheme,
and upon the scheme being so approved this
Act shall, until the approval is revoked, apply
as if the provisions of the scheme were sub- 35
stituted for the corresponding provisions of this
Act:

(b) The medical officer of the institution (if any)
may, on the application of the managers, be
appointed to be the appointed doctor for the in- 40
stitution:

(c) The provisions of Part X. of this Act as to the affixing of an abstract and notices shall not apply, but amongst the particulars required

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20

25

30

35

to be shown in the general register there shall A.D. 1926.
be included the prescribed particulars of the
scheme, or where no scheme is in force the pre-
scribed particulars as to hours of employment,
intervals for meals, and holidays, and other
matters dealt with in this Act:

(d) In the case of premises forming part of an
institution carried on for reformatory purposes,
if the managers of the institution give notice to
the chief inspector to that effect, an inspector shall
not, without the consent of the managers or of
the person having charge of the institution
under the managers, examine an inmate of the
institution save in the presence of one of the
managers or of such person as aforesaid: Pro-
vided that the Secretary of State, on being
satisfied that there is reason to believe that a
contravention of this Act is taking place in any
such institution, may suspend the operation of
this provision as respects that institution to such
extent as he may consider necessary:

(e) The managers shall not later than the fifteenth
day of January in each year send to the Secretary
of State a correct return in the prescribed form,
specifying the names of the managers and the
name of the person (if any) having charge of
the institution under the managers, and such
particulars as to the number, age, sex, and
employment of the inmates and other persons
employed in the work carried on in the insti-
tution as may be prescribed, and shall, if any
requirement of this paragraph is not complied
with, be guilty of an offence and liable to a fine
not exceeding five pounds.

Docks, Wharves, Quays, Warehouses and Ships.

92.-(1) The following provisions of this Act shall Docks, &c. apply to every dock, wharf or quay (including any line or siding which is used in connexion therewith and is not part of a railway) and every warehouse, as if they 40 were factories; and as if the person having the actual use or occupation thereof or of. any premises within the

A.D. 1926. same or forming part thereof, were the occupier of a factory:

(a) the provisions of Part I., with respect to sanitary

conveniences;

(b) the provisions of Part II., with respect to steam 5 boilers (including the provisions as to exceptions as to steam boilers), and to the power to make orders in cases of special danger and to make orders as to dangerous conditions and practices;

(c) the provisions of Part III., with respect to welfare orders;

(d) the provisions of Part IV., with respect to regulations for safety and health;

(e) Part V.;

(f) the provisions of Part IX., with respect to weights and measures used in ascertaining wages;

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(g) the provisions of Part X., with respect to the affixing of an abstract, general registers, and 20 duties of persons employed;

(h) the provisions of Part XI., . with respect to powers and duties of inspectors;

(i) Part XII.

(2) The provisions of Part II. of this Act with respect 25 to prime movers, transmission and other machinery (other than the provisions relating to new machinery) maintenance of fencing, cleaning of machinery by women and young persons, hoists and lifts, chains, ropes and cranes, and maintenance of passages and stairs, shall apply to 30 every warehouse as if it were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory.

(3) Subject as hereinafter in this subsection provided the provisions of this Act mentioned in paragraphs (b), 35 (d), (e), (h) and (i) of the foregoing subsection shall apply in relation to all machinery and plant used in the loading and unloading or coaling of any ship in any dock, harbour or canal, as if such machinery or plant were machinery or plant in a factory, and as if the 40 person using the machinery or plant were the occupier of a factory. For the purposes of this provision the