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(Employment and Protection).

Fitness for Employment in Factories and Workshops.

A.D. 1928.

33.-(1) Subject to the provisions of this section a Certificate child or young person shall not be taken into any of fitness employment in any factory or workshop unless he has for employ5 been examined by the certifying surgeon within the ment in prescribed period and certified by him to be fit for that factory or workshop. employment.

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(2) The certificate of the certifying surgeon may be

given

(a) in respect of employment

(i) in any particular factory or workshop; (ii) in any group, class, or description of factories or workshops;

(iii) in a particular process or class or description of work; and

(b) upon condition that the person concerned shall not enter upon the employment unless and until any physical defect specified in the certificate has ceased to exist, or that he shall be subject to re-examination after an interval specified in the certificate, or on both those conditions. (3) Certificates of fitness shall be produced by the occupier to an inspector upon his demand.

(4) The Secretary of State may by order transfer 25 to the local authority the duty of arranging for the medical examination and certification of children and young persons under this section, and where such an order is made the certifying surgeon shall be appointed by the local authority, who may revoke any such 30 appointment.

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(5) The Secretary of State may make rules for prescribing

(a) the manner in which and the place at which
examinations under this section shall be con-
ducted;

(b) the form of certificates under this section;
(c) the facilities to be afforded by occupiers of
factories and workshops for the purpose of
examinations under this section;

(d) any other matter which the Secretary of State
may consider desirable for the purpose of
giving effect to this section.

A.D. 1928.

Power of

(Employment and Protection).

(6) It shall be the duty of every local education authority to arrange for the production to a certifying surgeon for his confidential information of so much of the school medical record of a child or young person as may be necessary to carry out the examination under this 5 section, and the Minister of Health may, in consultation with the Secretary of State, make rules for the purpose of securing the observance of the provisions of this subsection or may arrange that the Board of Education may make such rules on his behalf.

(7) For the purposes of this section the expression "local authority "" means

(a) as respects the administrative county of London, the London County Council;

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(b) as respects any other county, the council of the 15 county;

(c) as respects a county borough, the council of the borough.

(8) The Secretary of State may by order exempt from the operation of this section any workshop or any 20 non-textile factory in which mechanical power is not used or any class or description of workshops or such factories.

34. Where an inspector is of opinion that the inspector to employment of any child or young person in a factory or 25 certificate of workshop, or in any particular process or kind of work in capacity for a factory or workshop, is prejudicial to his health or the

require

work.

health of other persons, he may serve written notice
thereof on the occupier of the factory or workshop
requiring that the employment of that child or young 30
person in the factory or workshop or in the process or
kind of work, as the case may be, be discontinued after
the period named therein, not being less than one nor
more than seven days after the service of the notice, and
the occupier shall not continue after the period named in 35
the notice to employ that young person (notwithstanding
that a certificate of fitness has been previously obtained
for the child or young person), unless the certifying
surgeon has after the service of the notice personally
examined the child or young person and certified that he 40
is fit for employment in the factory or workshop or in the
process or kind of work, as the case may be.

(Employment and Protection).

Shifts in Factories and Workshops.

A.D. 1928.

35.-(1) The power of the Secretary of State under Employsection two of the Employment of Women, Young Persons, ment of and Children Act, 1920, to make orders authorising the children and 5 employment of young persons in shifts is hereby deter- young mined, and accordingly that section, so far as it relates shifts. to young persons, shall cease to have effect.

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(2) In this section the expression young person has the same meaning as in the last cited Act.

Gunpowder Factories, Magazines, and Stores.

persons in

10 & 11

,, Geo. 5. c. 65.

36.-(1) Section ten of the Explosives Act, 1875, Employshall continue to have effect with the substitution of the ment in following general rule for rule (11) thereof :

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gunpowder factories,

(11) A person under the age of eighteen &c. years shall not be employed in or enter any danger 38 & 39 building except in the presence and under the Vict. c. 17. supervision of some person of the age of twenty-one years or upwards, and a person under the age of sixteen years shall not be employed in any such building except in some process which has been declared by an order made by the Secretary of State to be a process which is not in itself dangerous and except in the presence and under the supervision of some person of the age of twenty-one years or upwards."

(2) Section seventeen of the last cited Act shall continue to have effect with the substitution of the following general rule for rule (10) thereof :

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(10) A person under the age of eighteen years shall not be employed in or enter the store except in the presence and under the supervision of some person of the age of twenty-one years or upwards."

(3) Nothing in this section shall render lawful the 35 employment of a person under the age of fourteen in or about the business of any factory, workshop or store to which the last cited Act applies.

(Employment and Protection).

A.D. 1928.

Prohibition

Employment in Merchant Ships.

37.-(1) A child under the age of fourteen years of employ- shall not be employed or work on any vessel other than a vessel upon which only members of the same family are employed or work.

ment of

children under fourteen on vessels.

Prohibition

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(2) If a child is employed or works in contravention of this section the master of the vessel shall be liable on summary conviction in respect of the first offence to a fine not exceeding two pounds and in respect of the second or any subsequent offence to a fine not exceeding 10 five pounds.

38.-(1) Without prejudice and in addition to the of employ- last foregoing section, which relates to the employment of children under fourteen years of age on vessels, a child of or over the age of fourteen years shall not be 15 employed on board any ship unless he was lawfully so employed at the commencement of this Act:

ment of child on seagoing ship.

Employment of young persons as trimmers or stokers.

Provided that this subsection shall not prevent the employment of a child of or over the age of fourteen years on board any ship on board of which only members 20 of the same family are employed.

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(2) In this section the expression ship' means any sea-going ship or boat of any description which is registered in the United Kingdom as a British ship, and includes any British fishing boat entered in the 25 fishing boat register.

(3) If any child is employed in contravention of this section the master of the ship shall be liable on summary conviction in respect of the first offence to a fine not exceeding two pounds and in respect of the 30 second or any subsequent offence to a fine not exceeding five pounds.

39. (1) A young person shall not be employed or work as a trimmer or stoker on board any ship: Provided that

(a) The foregoing provision shall not apply—

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(i) to the employment of a young person on such work as aforesaid on board a school-ship or training ship if the work is of a kind approved by the Board of 40

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(Employment and Protection).

Trade and is carried on subject to super- A.D. 1928. vision by officers of the Board; or

(ii) to the employment of a young person on such work as aforesaid on board a ship which is mainly propelled otherwise than by means of steam; or

(iii) to the employment of a young
person subject to and in accordance with
the provisions contained in paragraph (c)
of Article 3 of the Draft Convention set
out in Part II of the First Schedule to
the Merchant Shipping (International La- 15 & 16
bour Conventions) Act, 1925; and

(b) Where in any port a trimmer or stoker is
required for any ship and no person of or
over the age of eighteen years is available
to fill the place, a young person may be
employed as a trimmer or stoker, as the
case may be, but in any such case two
young persons shall be employed to do the
work which would otherwise have been
done by one person of or over the age of
eighteen years.

(2) There shall be included in every agreement 25 with the crew a short summary of the provisions of this section.

(3) In this section the expression "ship " has the same meaning as in the last foregoing section, which relates to the employment of children on sea-going ships, 30 so, however, that it does not include any tug, dredger, sludge vessel, barge or other craft whose ordinary course of navigation does not extend beyond the seaward limits of the jurisdiction of the harbour authority of the port at which such vessel is regularly employed, if and 35 so long as such vessel is engaged in her ordinary occupation.

Geo. 5. c. 42.

40.-(1) A young person shall not be employed Medical in any capacity on board any ship unless there has been certificate of delivered to the master of the ship a certificate granted 40 by a duly qualified medical practitioner certifying that the young person is fit to be employed in that capacity:

fitness for employment in shipping.

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