5

might be taken by the local sanitary authority; and A.D. 1928. he shall be entitled to recover from the local sanitary authority all such expenses in and about any proceedings as he may incur and as are not recovered from any other person.

and other

15. An inspector shall for the purposes of the Appointment execution of this Act have all the powers conferred of inspectors by sections one hundred and nineteen and one hundred persons for the performand twenty of the Factory and Workshop Act, 1901; 10 and those sections and section one hundred and twenty- under this one of the said Act shall apply with the necessary modifications.

ance of duties

Act.

16. (1) If complaint that an office is not kept in Complaints. conformity with this Act is made in writing to the local 15 sanitary authority by the owner or occupier thereof, or by a person who is or has at any time during the six months preceding the date of such complaint been employed in such office, or the authorised agent of such owner, occupier, or person, the local sanitary authority 20 shall afford reasonable facilities to such owner, occupier, person or authorised agent to appear before it or a committee appointed for that purpose and by himself and others to support such complaint. The local sanitary authority shall thereupon take such action with 25 regard to such complaint as it shall deem desirable.

(2) If such owner, occupier, or person is aggrieved by the decision of the local sanitary authority with respect to such complaint, or alleges that any certificate given or withheld or any other thing done or left undone 30 has been given, withheld, done or omitted improperly or inconsistently with the provisions of this Act, then such owner, occupier, person or authorised agent may submit a complaint in writing to the Minister.

(3) If on such complaint being made to the Minister, 35 the Minister is satisfied that any decision of the local sanitary authority should be altered or varied, such decision shall, by order of the Minister, be altered or varied accordingly.

17.-(1) If an office is not kept in conformity with Fine for 40 this Act, the employer shall be liable to a fine not exceed- not keeping ing ten pounds, and in the case of a second or subsequent office in conviction in relation to the same office, not less than conformity

with Act.

A.D. 1928.

Limit to

fines.

(2) The court of summary jurisdiction, in addition to or in lieu of inflicting a fine, may order certain means to be adopted by the employer within the time named in the order for the purpose of bringing the office into conformity with this Act. The court may on application 5 extend the time so named, but if after the expiration of the time as originally named or extended by subsequent order the order is not complied with, the employer shall be liable to a fine not exceeding five pounds for every day on which the non-compliance continues.

10

(3) Where any person is employed in an office contrary to the provisions of this Act the employer shall be liable to a fine not exceeding three or, if the offence was committed during the night, five pounds for each person so employed, and in the case of a second or 15 subsequent conviction of not less than ten pounds for each offence.

18. An employer shall not be liable in respect of a cumulative repetition of the same kind of offence from day to day to any larger amount of fines than the highest fine fixed 20 by this Act for the offence, except where the repetition of the offence occurs after an information has been laid for the previous offence.

Prosecution of offences

and recovery and application of fines.

General

19. All offences under this Act shall be prosecuted, and all fines under this Act shall be recovered, in like 25 manner as offences and fines are prosecuted and recovered under the Factory and Workshop Act, 1901, and sections one hundred and forty-four to one hundred and forty-eight of that Act shall, so far as the same are consistent with the provisions of this Act, apply with the 30 necessary modifications.

20.-(1) In this Act, unless the context otherwise definitions. requires

The expression "office" means any room, suite of
rooms, or premises, wherein persons are employed 35
to perform clerical, professional or technical duties
wholly or in part in any capacity;
The expression "employer
employer" includes any body of
persons, corporate or incorporate, and the legal
personal representative of a deceased employer;
The expression " occupier" includes any person from
time to time deriving title under the original owner
or occupier;

40

5

10

15

The expression "local sanitary authority" includes A.D. 1928
the council of a county borough, an urban sanitary
authority, an urban district council, and a rural
district council;

The expression "inspector" means an inspector
appointed by the Minister of Health or by the
local sanitary authority for the purposes of this
Act, and includes a medical officer of health
appointed by the Minister of Health or by the
local sanitary authority;
The expressions night," week," and young
person" shall have the same meaning as in section
one hundred and fifty-six of the Factory and
Workshop Act, 1901.

66

66

(2) An office shall not be deemed to be ventilated in a sufficient manner unless the air therein is completely changed at least twice in every hour whilst persons are employed therein.

(3) For the purposes of this Act employment shall 20 be deemed to be continuous unless interrupted by an interval of at least an hour.

21. In the application of this Act to Scotland the Application provisions of section one hundred and fifty-nine of the of Act to Factory and Workshop Act, 1901, shall, so far as they Scotland. 25 are consistent with the provisions of this Act, apply with the necessary modifications.

22. (1) In the application to the Administrative Application County of London, references to the local sanitary of Act to authority in sections five and six of this Act shall be London. 30 construed as references to the London County Council

35

and the expenses of the London County Council in the execution of those sections shall be defrayed as part of their expenses in the management of the London Building Act, 1894.

(2) Subject as aforesaid, references in this Act to the local sanitary authority shall, as regards the City of London, be construed as references to the Court of Common Council and, as regards any other part of the Administrative County of London, as references to the

A.D. 1928.

Offices occupied

23. This Act shall not apply to offices occupied solely by persons employed in the naval, military or air forces of the Crown, or in a police force, but otherwise shall apply to offices occupied or used for employment employment by or under the Crown to which this Act would apply 5 by or under if the employer were a private person:

or used for

the Crown

or in a

police force.

Short title and com

Provided that in the case of offices occupied or used for employment by or under the Crown the head of that department in which the majority of the persons engaged in such office is employed shall be deemed to be the 10 employer, and may be made a party to proceedings and be subject to process, judgment and order under this Act in like manner and to the like extent as if the head of such department were an employer and a private person.

24. This Act may be cited as the Offices Regulation Act, 1928, and shall come into operation on the first day mencement. of July, nineteen hundred and twenty-nine.

15