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Factories Act 1937

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THIRD SCHEDULEProvisions of the Factory and Workshop Act, 1901, to be administered by district councils

Part I

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.

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.

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.

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 IIProvisions applicable in London and Scotland only

61If 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.

109If 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.

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.

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