(1) This Act may be cited as the Factories Act, 1937.
(2) This Act shall, except as otherwise provided, come into operation on the first day of July, nineteen hundred and thirty-eight :
Provided that, if it is shown to the satisfaction of the Secretary of State as respects any particular requirement contained in Part II of this Act that by reason of substantial expenditure involved through the necessity of providing new, or altering existing, buildings or plant, or on account of other special difficulties, it would be right in the case either of factories generally or of any class or description of factory that the requirement should not come into operation on the date aforesaid, he may by order postpone the date of coming into operation of the said requirement, as respects factories generally or that class or description of factory, until such date as he may think fit but not later than the first day of January, nineteen hundred and forty; and any such order may direct that such corresponding provisions of any enactment repealed by this Act as may be specified in the order shall apply in lieu of the postponed requirement of this Act.
(3) This Act shall not, except where otherwise expressly provided, extend to Northern Ireland.
(4) Except where otherwise expressly provided, the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of any other Act.
SECOND SCHEDULE Procedure for making Special Regulations.
Sections 71, 73.
1 Before the Secretary of State makes any special regulations, he shall publish in the London Gazette, and in such other manner as he may think best adapted for informing persons affected, notice of the proposal to make the regulations, and of the place where copies of the draft regulations may be obtained, and of the time (which shall be not less than twenty-one days) within which any objection made with respect to the draft regulations by or on behalf of persons affected must be sent to the Secretary of State.
2 Every objection must be in writing and state—
(a) the specific grounds of objection; and
(b) the omissions, additions, or modifications asked for.
3 The Secretary of State shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft regulations, and, after doing so, he shall, unless an inquiry has been held under this Schedule, cause the amended draft to be dealt with in like manner as an original draft.
4 If after the publication of the notice with respect to any draft regulations (whether an original or amended draft) any general objection as hereinafter defined is made within the required time with respect to the draft and not withdrawn, then, unless a previous inquiry under this Schedule has been held with respect to the draft or some previous draft of the regulations or the Secretary of State withdraws the draft regulations, he shall before making the regulations direct an inquiry to be held in the manner hereinafter provided. The Secretary of State may, if he thinks fit, also direct such an inquiry to be held in regard to any objection, notwithstanding that no such general objection has been made or that such a previous inquiry has been held as aforesaid.
5 Where any such inquiry is to be held as to any draft regulations, the following provisions shall have effect with respect to the inquiry—
(a) the Secretary of State shah appoint a competent person or competent persons to hold the inquiry, and to report to him thereon;
(b) the inquiry shall be held in public, and the chief inspector and any objector and any other person who, in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft regulations, may appear at the inquiry either in person or by counsel, solicitor, or agent;
(c) the witnesses may, if the person holding or presiding over the inquiry thinks fit, be examined on oath;
(d) subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Secretary of State and the rules may make provision as to the costs of the inquiry and other proceedings, including the remuneration of the person or persons holding the inquiry.
6 For the purposes of this Schedule the expression “general objection ” means, as respects any draft regulations, an objection made—
(a) by or on behalf of the majority of the occupiers of the factories affected by the draft regulations or by or on behalf of the occupier or occupiers employing a majority of the persons employed in those factories; or by any person who satisfies the Secretary of State that he or an association on behalf of which he acts, represents a majority of the persons employed in those factories; or
(b) by or on behalf of the majority of the occupiers of any class or description of factories affected as respects which it appears to the Secretary of State that, by reason of special conditions existing in connection therewith, there is reason to believe that any of the requirements of the draft regulations may be unnecessary or inappropriate in the case of that class or description, or by or on behalf of the occupier or occupiers employing a majority of the persons employed in any such class or description of factories as aforesaid; or by any person who satisfies the Secretary of State that he or an association on behalf of which he acts represents a majority of the persons employed in any such class or description of factories as aforesaid.
THIRD SCHEDULE Provisions of the Factory and Workshop Act, 1901, to be administered by district councils.
Sections 156, 157.
PART I
Sanitary regulations for bakehouses.
97 (1) It shall not be lawful to let or suffer to be occupied or to occupy any room or place as a bakehouse, unless the following regulations are complied with :—
(a) a watercloset, earthcloset, privy, or ashpit must not be within or communicate directly with the bakehouse;
(b) every cistern for supplying water to the bakehouse must be separate and distinct from any cistern for supplying water to a watercloset;
(c) a drain or pipe for carrying off faecal or sewage matter must not have an opening within the bakehouse.
(2) If any person lets or suffers to be occupied or occupies any room or place as a bakehouse in contravention of this section he shall be guilty of an offence, and liable to a fine not exceeding forty shillings, and to a further fine not exceeding five shillings for every day on which any room or place is so occupied after a conviction under this section in respect of the room or place.
Penalty for bakehouse being unfit on sanitary grounds.
98 (1) Where a court of summary jurisdiction is satisfied on the prosecution of a district council that any room or place used as a bakehouse is in such a state as to be on sanitary grounds unfit for use or occupation as a bakehouse, the occupier of the bakehouse shall be liable to a fine not exceeding, for the first offence, forty shillings, and for any subsequent offence five pounds.
(2) The court of summary jurisdiction, in addition to or instead of inflicting a fine, may order means to be adopted by the occupier, within the time named in the order, for the purpose of removing the ground of complaint. The court may, on application, enlarge the time so named, but if after the expiration of the time as originally named or enlarged by subsequent order the order is not complied with, the occupier shall be liable to a fine not exceeding one pound for every day after the expiration of that time on which the non-compliance continues.
Limewashing, painting and washing of bakehouses.
99 (1) All the inside walls of the rooms of a bakehouse, and all the ceilings or tops of those rooms (whether those walls, ceilings, or tops are plastered or not), and all the passages and staircases of a bakehouse, must either be painted with oil or varnished or be limewashed, or be partly painted or varnished and partly limewashed; and
(a) where the bakehouse is painted with oil or varnished, there must be three coats of paint or varnish, and the paint or varnish must be renewed once at least in every seven years, and must be washed with hot water and soap or other suitable detergent once at least in every six months; and
(b) where the bakehouse is lime washed, the limewashing must be renewed once at least in every six months.
(2) If a bakehouse is not kept in conformity with this section the occupier shall be liable to a fine not exceeding ten pounds, and in the case of a second or subsequent conviction within two years from the last conviction for the same offence, not less than one pound for each offence.
(3) The court of summary jurisdiction, in addition to or instead of inflicting a fine, may order means to be adopted by the occupier, within the time named in the order, for the purpose of removing the ground of complaint. The court may, on application, enlarge the time so named, but if after the expiration of the time as originally named or enlarged by subsequent order the order is not complied with, the occupier shall be liable to a fine not exceeding one pound for every day after the expiration of that time on which the non-compliance continues.
Provision as to sleeping places near bakehouses.
100 (1) A place on the same level with a bakehouse, and forming part of the same building, may not be used as a sleeping place, unless it—
(a) is effectually separated from the bakehouse by a partition extending from the floor to the ceiling; and
(b) has an external glazed window of at least nine superficial feet in area, of which at the least four and a half superficial feet are made to open for ventilation.
(2) If any person lets or occupies or continues to let or knowingly suffers to be occupied any place for the purpose of its being used in contravention of the provisions of this section, he shall be guilty of an offence, and liable to a fine not exceeding, for the first offence, twenty shillings, and for any subsequent offence five pounds.
PART II Provisions applicable in London and Scotland only.
Prohibition of employment of women after childbirth.
61 If the occupier of a factory knowingly allows a woman or girl to be employed therein within four weeks after she has given birth to a child, he 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 subsequent conviction within two years after the last conviction for the like offence not less than one pound for each offence.
Making of wearing apparel where there is scarlet fever or small-pox.
109 If the occupier of a factory or of any place from which any work is given out, or any contractor employed by any such occupier, causes or allows wearing apparel to be made, cleaned, or repaired, in any dwelling-house or building occupied therewith, while any inmate of the dwelling-house is suffering from scarlet fever or small-pox, then, unless he proves that he was not aware of the existence of the disease in the dwelling-house, and could not reasonably have been expected to become aware of it, he shall be guilty of an offence and liable to a fine not exceeding ten pounds.
Prohibition of home work in places where there is infectious disease.
110 (1) If any inmate of a house is suffering from an infectious disease to which this section applies, the district council of the district in which the house is situate may make an order forbidding any work to which this section applies to be given out to any person living or working in that house, or such part thereof as may be specified in the order, and any order so made may be served on the occupier of any factory, or any other place from which work is given out, or on the contractor employed by any such occupier.
(2) The order may be made notwithstanding that the person suffering from an infectious disease may have been removed from the house, and the order shall be made either for a specified time or subject to the condition that the house or part thereof liable to be infected shall be disinfected to the satisfaction of the medical officer of health, or that other reasonable precautions shall be adopted.
(3) In any case of urgency the powers conferred on the district council by this section may be exercised by any two or more members of the council acting on the advice of the medical officer of health.
(4) If any occupier or contractor on whom an order under this section has been served contravenes the provisions of the order, he shall be guilty of an offence and liable to a fine not exceeding ten pounds.
(5) The infectious diseases to which this section applies are the infectious diseases required to be notified under the law for the time being in force in relation to the notification of infectious diseases, and the work to which this section applies is the making, cleaning, washing, altering, ornamenting, finishing and repairing of wearing apparel and any work incidental thereto, and such other classes of work as may be specified by order of the Minister of Health.
Section 159.
Session and Chapter. | Short Title. | Extent of Repeal.
57 & 58 Vict. c. 28. | The Notice of Accidents Act, 1894. | In paragraph one of the schedule the words “use, working,” the words “canal, bridge, tunnel,” and the words “or other ” work authorised by “any local or personal ” Act of Parliament ".
57 & 58 Vict. c. 42. | The Quarries Act, 1894 | In section one, the words “any part of which is ” more than twenty feet “deep” ; and section three.
1 Edw. 7. c. 22 | The Factory and Workshop Act, 1901. | The whole Act.
6 Edw. 7. c. 49 | The Census of Production Act, 1906. | Section ten.
6 Edw. 7. c. 53 | The Notice of Accidents Act, 1906. | Section four and section five so far as it relates to factories and workshops.
7 Edw. 7. c. 39 | The Factory and Workshop Act, 1907. | The whole Act.
8 Edw. 7. c. 42 | The White Phosphorus Matches Prohibition Act, 1908. | The whole Act.
6 & 7 Geo. 5. c. 31. | The Police, Factories, &c. (Miscellaneous Provisions) Act, 1916. | Sections seven, eight and nine.
10 & 11 Geo. 5. c. 62. | The Women and Young Persons (Employment in Lead Processes) Act, 1920. | The whole Act.
13 & 14 Geo. 5. c. 42. | The Workmen's Compensation Act, 1923. | Subsection (1) of section twenty-eight and section twenty-nine.
19 & 20 Geo. 5. c. 15. | The Factory and Workshop (Cotton Cloth Factories) Act, 1929. | The whole Act.
26 Geo. 5. & 1 Edw. 8. c. 22. | The Hours of Employment (Conventions) Act, 1936. | In section two the words “Sections twenty-three ” to thirty-five of the “Factory and Workshop ” Act, 1901, and “and the words ” factories, workshops and ".
26 Geo. 5. & 1 Edw. 8. c. 49. | The Public Health Act, 1936. | In subsection (3) of section forty-four the words “to ” which section nine of “the Factory and Work -” shop Act, 1901, applies,“in subsection (4) of section forty-five the words ”to which section “nine of the Factory ” and Workshop Act, “1901, applies,” in subsection (1) of section forty-six the words “factory, workshop, or”, and subsection (5) of that section; in paragraph (e) of subsection (1) of section ninety-two the words “factory (not ” being a factory to “which section one of ” the Factory and“Workshop Act, 1901, applies), workshop, or” and subsection (4) of that section.
26 Geo. 5. & 1 Edw. 8. c. 50. | The Public Health (London) Act, 1936. | Sections one hundred and thirty and one hundred and thirty-one.