5

10

15

20

25

appear to him to be reasonably practicable and to meet A.D. 1928. the necessity of the case, and in particular—

or injurious

(a) for requiring the observance of such precautions to health.

as may be prescribed for the protection of persons [1928, cl. 4.]
employed or engaged in handling or using
petroleum-spirit of that class in connection
with any trade or business; and

(b) for requiring persons selling to the public petro-
leum-spirit of that class to give, in such manner
as may be prescribed, warning to purchasers of
petroleum-spirit of that class as to the dangers
thereof and the precautions to be observed with
respect thereto; and

(c) for prohibiting the sale or use of petroleum-spirit
which he may by order declare to be so
dangerous or injurious to health that precau-
tions for the protection of persons employed
or engaged in handling or using such petroleum-
spirit are impracticable; and

(d) for the publication and supply of copies of the
regulations; and

(e) for the enforcement of the regulations in any
district by the local authority empowered under
this Act to grant petroleum-spirit licences in
that district:

Provided that any such regulations extending to
England shall be made after consultation with the
Minister of Health.

(2) If any person contravenes or attempts to contra30 vene any regulation made under this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds for every day on which the offence occurs or continues, and the court before whom any person is convicted under this subsection may order that 35 the petroleum-spirit in respect of which the offence was committed, and any vessel in which it is contained, be forfeited or otherwise dealt with in such manner as the court thinks fit.

40

Accidents in connection with Petroleum Spirit.

13. (1) Whenever any accident which occasions Notice to loss of life or personal injury occurs by explosion or by be given

connected with petroleum

A.D. 1928. fire in or about or in connection with any licensed premises, the occupier of the premises shall, if the explosion or fire involved petroleum-spirit, forthwith send or cause to be sent to the Secretary of State notice of the accident and of the loss of life or personal injury. A notice of 5 any accident of which notice is sent in pursuance of Sch. III, 2.] this section need not be sent to any inspector of factories.

spirit.

[1926,

Inquiry into
accidents
connected
with
petroleum-
spirit.
[1926,

(2) Where, in, about, or in connection with any ship or vehicle on which petroleum-spirit is being con- 10 veyed or loaded or from which petroleum-spirit is being unloaded, any accident which occasions loss of life or personal injury occurs by explosion or by fire, the owner or master of the ship or vehicle shall, if the explosion or fire involved petroleum spirit, forthwith send or cause 15 to be sent to the Secretary of State notice of the accident and of the loss of life or personal injury, but this provision shall not apply where the petroleum-spirit carried or loaded on, or unloaded from, the ship or vehicle is or was for use only on that ship or vehicle or in any case 20 in which such notice as aforesaid is otherwise by law required to be sent to some government department.

(3) Every such occupier, owner, or master as aforesaid who fails to comply with any of the provisions of this section shall be liable on summary conviction to a 25 fine not exceeding twenty pounds.

14. The Secretary of State may direct an inquiry to be made by a government inspector into the cause of any accident of which notice is required by this Act to be given to the Secretary of State, and where it 30 appears to the Secretary of State either before or after the commencement of any such inquiry, that a more Sch. III, 3.] formal investigation of the accident, and of the causes and circumstances thereof, is expedient, he may by order direct a formal investigation to be held, and with respect 35 to inquiries and investigations made or held under this Act the following provisions shall have effect:

(a) the Secretary of State may, by the same or any subsequent order, appoint any person or persons possessing legal or special knowledge to assist the 40 government inspector in holding a formal investigation, or may direct such county court judge, stipendiary magistrate, metropolitan

5

10

15

20

25

330

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police magistrate, or other person or persons A.D. 1928.
as may be named in the order, to hold such an
investigation with the assistance of a govern-
ment inspector or any other assessor or assessors
named in the order:

(b) the persons holding any formal investigation (in
this section referred to as the court) shall hold it
in open court in such manner and under such
conditions as they think most effectual for
ascertaining the causes and circumstances of the
accident, and for enabling them to make the
report in this section mentioned:

(c) the court shall have for the purpose of the
investigation all the powers of a court of sum-
mary jurisdiction when acting as a court in
hearing informations for offences against this
Act, and shall have all the powers of a govern-
ment inspector under this Act, and in addition
the following powers, namely-

(i) they may enter and inspect any place
or building the entry or inspection whereof
appears to them requisite for the said
purpose;

(ii) they may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for the said purpose require to be furnished to them answers or returns to such inquiries as they think fit to make;

(iii) they may require the production of all books, papers, and documents which they consider important for the said purpose;

(iv) they may administer an oath, and
require any person examined to make and sign
a declaration of the truth of the statements
made by him in his examination :

(d) persons attending as witnesses before the court
shall be allowed such expenses as would be
allowed to witnesses attending before a court
of record; and in case of dispute as to the amount

A.D. 1928. [1925, s. 132.]

[1928, Sch. I.]

Coroners' inquests on

accidents

the court to a master of the Supreme Court,
who, on request under the hands of the
members of the court, shall ascertain and certify
the proper amount of the expenses:

(e) if any person without reasonable excuse (proof 5
whereof shall lie on him) fails, after having
had the expenses (if any) to which he is entitled
tendered to him, to comply with any summons
or requisition of a court holding an investiga-
tion under this Act, or prevents or impedes the 10
court in the execution of their duty, he shall be
liable on summary conviction to a fine not
exceeding ten pounds, or, in the case of a failure
to comply with a requisition for furnishing any
return or producing any document, not exceed- 15
ing ten pounds for every day on which the
failure occurs or continues:

(f) the government inspector making an inquiry
into any accident and the court holding an
investigation of any accident under this section 20
shall make a report to the Secretary of State,
stating the causes of the accident and all the
circumstances attending it, and containing any
observations thereon or on the evidence or on
any matters arising out of the inquiry or in- 25
vestigation which he or they think right to
include in the report, and the Secretary of
State shall cause every report so made to him
to be made public in such manner as he thinks
expedient.

30

15. (1) Where a coroner holds an inquest upon the body of any person whose death may have been deaths from caused by any accident of which notice is required by this Act to be given to the Secretary of State, the coroner connected with petroshall adjourn the inquest unless a government inspector, 35 leum-spirit. or some person on behalf of the Secretary of State, is [1926, present to watch the proceedings :

Sch. III, 5.]

Provided that, if the accident has not occasioned the death of more than one person, and the coroner has sent to the Secretary of State notice of the time and 40 place of holding the inquest not less than forty-eight hours before the time of the holding thereof, it shall not

be imperative on him to adjourn the inquest in pursuance A.D. 1928. of this section if the majority of the jury think it unnecessary that he should do so.

(2) The coroner before the adjournment, may take 5 evidence to identify the body, and may order the interment thereof.

(3) The coroner, at least four days before holding the adjourned inquest, shall send to the Secretary of State notice in writing of the time and place of holding the 10 adjourned inquest.

(4) A government inspector or person employed on behalf of the Secretary of State shall be at liberty at any such inquest as aforesaid to examine any witness, subject nevertheless to the order of the coroner on points

15 of law.

(5) Where at any inquest there is given evidence of any neglect having caused or contributed to an accident, or evidence of there having been, in or about or in connection with any licensed premises or any ship or vehicle 20 carrying petroleum-spirit, any defect that appears to the coroner or jury to require a remedy, the coroner shall, if no government inspector or person employed on behalf of the Secretary of State is present at the inquest, send to the Secretary of State notice in writing of the neglect 25 or defect.

Powers of Inspection, &c.

16. (1) A government inspector shall have power Powers of to make such examination and inquiry as may be necessary government to ascertain whether the provisions of this Act or of any 30 regulations made thereunder are complied with, and for Sch. III, 4 J that purpose he—

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inspectors. [1926,

[1928,

(a) may enter, inspect, and examine at all Sch. I.]
reasonable times by day any licensed premises,
and every part thereof, and any premises in
which any petroleum-spirit is kept, or is
suspected by him to be kept, in contravention
of the provisions of this Act or of any regulations
made thereunder; and

(b) may require the occupier of any premises
which he is so entitled to enter, or a person
employed therein by the occupier, to give him
samples of any petroleum on the premises.

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