Disabled Persons (Employment) Act 1944

14 Records to be kept by employers. E+W+S

(1) Every person to whom section nine of this Act applies shall record particulars showing the number of persons employed by him, the number of persons registered as handicapped by disablement employed by him, and the names of such persons respectively, and particulars of all other matters which may be relevant for showing compliance on his part with the provisions of subsections (2) and (5) of that section, being particulars giving all such information, and recorded in such form, as may be requisite for that purpose.

(2) Every person who employs any person or persons in employment of a class designated under section twelve of this Act shall record particulars showing his or their name or names, and particulars of all other matters which may be relevant for showing compliance on his part with the provisions of subsection (2) of that section, being particulars giving all such information, and recorded in such form, as may be requisite for that purpose.

(3) The Minister may make regulations as to the matters of which particulars ought to be recorded under this section, the nature of the particulars proper to be recorded, and the form appropriate for the recording thereof, and records conforming in any respect with regulations so made shall be treated as sufficient in that respect for the purposes of this section.

(4) A person as respects whose employees records of such particulars as are mentioned in subsection (1) and (2) of this section are made shall preserve them for such period as may be prescribed, and shall on being required so to do to by a person authorised by the Minister in that behalf produce them for his inspection.

(5) On a prosecution for an offence under subsection (2) or (5) of section nine of this Act, or for an offence under subsection (2) of section twelve of this Act, a record of such particulars as are mentioned in subsection (1) or (2), as the case may be, of this section made by or on behalf of a person by whom the offence is alleged to have been committed shall be sufficient evidence, until the contrary is shown, of the facts stated therein.

(6) If any person contravenes or fails to comply with any of the provisions applicable to him of subsection (1), (2) or (4) of this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1 level 2 on the standard scale], and if a failure to produce records in respect of which a person has been convicted under this subsection is continued after conviction, he shall, unless he proves that the failure is due to his not having made or not having preserved the required records, be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the failure is so continued.

(7) If any person includes, or causes or knowingly allows to be included, in a record of such particulars as are mentioned in subsection (1) or (2) of this section, any particulars which he knows to be false in a material respect, or for purposes connected with this Act produces or furnishes, or causes or knowingly allows to be produced or furnished, any record or information which he knows to be false in a material respect, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F2 level 3 on the standard scale]or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

Textual Amendments

F1 Words substituted by virtue of (E. W. ) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S. ) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F2 Words substituted by virtue of (E. W. ) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S. ) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G