Factories Act 1937

Sections 71, 73.

SECOND SCHEDULE Procedure for making Special Regulations.

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draft) any general objection as hereinafter defined is made within the required time with respect to the draft and not withdrawn, then, unless a previous inquiry under this Schedule has been held with respect to the draft or some previous draft of the regulations or the Secretary of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.