A.D. 1928. or the exercise of his powers under this Act in relation to that factory. Power of (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 5 this section, or to produce any register certificate notice or document which he is required by or in pursuance of 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, 10 that person shall be deemed to obstruct an inspector in the execution of his duties under this Act. (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 15 exceeding five pounds; and where an inspector is so obstructed in a factory, the occupier of that factory 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 20 to a factory within two years from the last conviction for the same offence, a fine not less than one pound shall be imposed for each offence. 115. An inspector, if so authorised in writing under inspector to the hand of the Secretary of State, may, although he 25 conduct is not of counsel, or a solicitor, or law agent, prosecute, proceedings conduct, or defend before a court of summary jurisdiction magistrates. or justice, any information, complaint, or other proceeding arising under this Act, or in the discharge of his duty as inspector. before Certificate of appoint ment of inspector. Appointment and duties of appointed doctors. 116. Every inspector shall be furnished with the prescribed certificate of his appointment, and when 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. 30 35 117. (1) The Secretary of State, and, if the Secretary of State so directs, the chief inspector, may appoint 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 40 appointment : Provided that where under this Act the duty of 'arranging for the medical examination or certification of young persons has been transferred to the local authority A.D. 1928. 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 5 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 doctor for that factory. (3) The Secretary of State may make rules pre10 scribing the duties of appointed doctors. 15 (4) If and so long as there is no appointed doctor for a factory, the poor law medical officer for the district in which the factory is situate shall act as the appointed doctor for that factory. (5) References in the Workmen's Compensation Act, 1925, to a certifying surgeon shall be construed as references to an appointed doctor appointed by the Secretary of State or chief inspector under this section. 118. The fees to be paid to appointed doctors for Fees of 20 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 with respect to the fitness of a young person for employment in a factory and in the case of any examination 25 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 this Act into effect. 119.-(1) In this Act, the expression "district Provisions 30 council means 35 (a) as respects the City of London, the common council; (b) as respects any other part of the administrative (c) as respects any other borough, including a county (d) as respects any urban or rural district, the urban 40 Provided that for the purposes of the provisions of this as to local authorities. A.D. 1928. County Council shall, as respects the whole of the administrative county of London, be substituted for the common council and the metropolitan borough councils. (2) The expenses of a council under this Act shall be defrayed 5 (a) in the case of the City of London out of the general rate; (b) in the case of the London County Council as part of their expenses in the execution of the London Building Act, 1894, as amended by any 10 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 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 Acts, 1875 to 1908; and 15 (e) in the case of a rural district council as special 20 expenses incurred in the execution of the Public Health Acts, 1875 to 1908, and those expenses shall be charged to the contributory place in which the factory is situate. (3) The medical officer of health of every district 25 council shall (a) in his annual report to the council report (b) give written notice to the inspector for the 35 (4) The powers conferred by this Act on district councils shall be in addition to and not in substitution 40 for any other powers which they may possess. (5) For the purpose of their duties with respect A.D. 1928. to factories under this Act and under the law relating to public health, the district council and their officers shall, without prejudice to their other powers, have all such 5 powers of entry, inspection, taking legal proceedings, or otherwise, as an inspector has. 120. (1) The following provisions shall apply to Provisions such orders made by the Secretary of State in pursuance as to orders of this Act as are in this Act referred to as special of State. 10 orders : 15 20 25 (1) The order shall be under the hand of the (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 30 order made in like manner as the original order. PART XII. PENALTIES AND LEGAL PROCEEDINGS. of Secretary 121.-(1) In the event of any contravention in or in Fine for not connexion with or in relation to a factory of the provisions keeping 35 of this Act, or of any regulation or order made in factory in conformity pursuance of this Act, for which contravention no express with Act. 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 40 manager shall be guilty of an offence and liable to a A.D. 1928. fine not exceeding 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. Fines in case of death or injury. (2) If the occupier avails himself of any special 5 exception allowed by or in pursuance of this Act and fails to comply with any of the conditions attached to such exception, he shall be deemed to have contravened the provisions of this Act. (3) If any persons are employed in a factory other- 10 wise 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. (4) In the event of any contravention by any 15 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; and the occupier shall also be liable to a fine 20 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 this Act is a company, the chairman and every director 25 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. 122. If any person is killed, or dies, or suffers any 30 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 factory shall be guilty of an offence, and, without prejudice 35 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 pounds for each offence, and the whole or any part of the 40 fine may be applied for the benefit of the injured person or his family, or otherwise as the Secretary of State determines : |