Part VI Employment of Women and Young Persons

86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Exemptions in interest of efficiency of industry or transport

117 Exemptions from provisions regulating hours of employment.

C11

Where the Minister is satisfied, on an application made to him in that behalf, that it is desirable in the public interest to do so for the purpose of maintaining or increasing the efficiency of industry . . . F6, he may, after such consultations as he may think appropriate or as may be required under subsection (5) of this section, exempt the employment of persons F7(other than children) from . . . F6,—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

0 F9

the M1Hours of Employment (Conventions) Act 1936.

2

An exemption granted under this section may extend to the employment of persons generally, of a class of persons or of particular persons, and to employment generally, or any class of employment or particular employment, and may be granted to such extent and on such conditions as may be specified in the instrument by which it is granted and, subject to subsection (4) of this section, either indefinitely or for such period as may be so specified.

3

An exemption under this section extending only to particular persons or a particular employment or to a class of persons or employment defined by reference to particular premises or to work supervised from particular premises, and any exemption under this section for a particular day or particular days only, shall be granted by order, to be known as a special exemption order, and any other exemption under this section shall be granted by F10regulations, to be known as general exemption regulations.

4

An exemption granted by a special exemption order shall not be for more than one year, without prejudice however to the granting of the like exemption for further periods by further special exemption orders.

5

The Minister shall not make general exemption regulations except—

a

on the application of a joint industrial council, conciliation board or other similar body constituted by organisations which appear to him to be representative respectively of workers and employers concerned; or

F11b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

on the joint application of an organisation which appears to him to be representative of employers concerned and of an organisation which appears to him to be representative of workers concerned; or

d

on the application of an organisation which appears to him to be representative of employers concerned and after consulting an organisation which appears to him to be representative of workers concerned; or

e

on the application of an organisation which appears to him to be representative of workers concerned and after consulting an organisation which appears to him to be representative of employers concerned.

6

The Minister shall publish in the London Gazette such particulars of special exemption orders as he considers appropriate.

7

In this section “organisation” includes—

a

in relation to workers, an association of trade unions, and

b

in relation to employers, an association of organisations of employers and also any body established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking;

and “trade union” includes an association of trade unions.

Certificate of fitness for employment of young persons

118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

119 Power of inspector to require certificate of fitness for work.

Where an inspector is of opinion that the employment of a young person in a factory or in a particular process or kind of work in a factory is prejudicial to his health or the health of other persons, he may serve written notice on the occupier of the factory informing him thereof and requiring that the employment of that young person in the factory or in the process or kind of work, as the case may be, be discontinued after the period named in the notice (which shall not be less than one nor more than seven days after the service of the notice) and the occupier shall not continue after that period to employ the young person . . . F13 unless the appointed factory doctor F14or an employment medical adviser has, after the service of the notice, personally examined the young person and certified that he is fit for employment in the factory or in the process or kind of work, as the case may be.

119A Duty of factory occupier to give notice of employment of a young person.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .