been made, if Parliament be then sitting, or, if Parliament be not then sitting, within three weeks of the session then next ensuing, and, if any such rules are disapproved of by either House of Parliament within thirty days after the same have been so laid before Parliament, such rules, or such part thereof as may be so disapproved, shall thereupon become void and of no effect. Sect. 2. This Act may be cited as the Elementary Education Amendment Act, 1993. 7 Edw. 7, c. 13S. I (2). Amendment of the Elementary EMPLOYMENT OF CHILDREN ACT, 1903. [3 EDW. 7 CH. 45. An Act to make better provision for regulating the Employment or Children. [14th August, 1903.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Notes. The local authorities under this Act are in- A borough with a population in 1901 of over 10,000, the borough council ; Elsewhere, the county council (s. 13). With the exception of the common council of the city of London, these authorities are generally local education authorities under the Education Act, 1902 (2 Edw. 7, c. 42, s. 1). The Act came into operation on 1st January, 1904 (3 Edw. 7, c. 45, s. 17). There are savings for employment in factories, workshops and mines (s. 9) and for manual labour in industrial and other schools (s. 10). A circular explaining the provisions of the Act issued by the Secretary of State follows the text of the Act. Sect. I. Any local authority may make byelaws Power to make byelaws for regulating the (i) prescribing for all children, or for boys and girls separately, (a) the age below which employment is illegal; and employment is illegal : (ii) prohibiting absolutely or permitting, subject to conditions, the employment of children in any specified occupation. Notes.—A child is not to be employed between 9 P.M. and 8 A.M., but these children. hours may by byelaw be varied either generally or for any specified occupation (s. 3 (1)): see also the other general restrictions on employment of children in section 3. A “child” in this Act means a person under the age of 14 years (s. 13). The byelaws are confirmed by the Home Secretary: see generally the provisions of section 4. Byelaws under the Act do not apply to children above 12 employed in pursuance of the Factory and Workshop Act, 1901, the Metalliferous Mines Regulation Act, 1872, or the Coal Mines Regulation Act, 1887, so far as regards that employment (s. 9). As to offences and penalties, see sections 5 to 7. The Act contains a saving as to manual labour in industrial and reformatory and other schools (s. 10). As to what is included in the expression " employment," see section 13 For model byelaws under this Act issued by the Secretary of State, see page 60. See also the observations as to byelaws in the circular of the Secretary of State, page 55 post. Sect. 2. Any local authority may make byelaws with respect to street trading by persons under the age of sixteen, and may by such byelaws (a) prohibit such street trading, except subject to such conditions as to age, sex, or otherwise, as may be specified in the byelaw, or subject to the holding of a licence to trade to be granted by the local authority; (b) regulate the conditions on which such licences may be granted, suspended, and revoked; (c) determine the days and hours during which, and the places at which, such street trading may be carried on ; (d) require such street traders to wear badges ; (e) regulate generally the conduct of such street traders : Notes.--As to what is included in the expression "street trading," see section 13. The byelaws are confirmed by the Home Secretary: see generally the provisions of section 4. As to offences and penalties, see sections 5 to 7. For model byelaws under the Act issued by the Secretary of State, see page 60. See also the observations as to byelaws in the circular of the Secretary of State, page 55 post. A child under the age of 11 years is absolutely prohibited from being employed in street trading (s 3 (2)); see also the other general restrictions on employment of children in section 3. Provided as follows: (1) The grant of a licence or the right to trade shall not be made subject to any conditions having reference to the poverty or general bad character of the person applying for a licence or claiming to trade; (2) The local authority, in making byelaws under this section, shall have special regard to the desirability of preventing the employment of girls under sixteen in streets or public places. Note. Public place" is not defined. For the purposes of certain enactments dealing with drunkenness, the expression has been defined by statute to "include any place to which the public have access, whether on payment or otherwise [Licensing Act, 1902 (2 Edw. 7, c. 28), s. 8]. Sect. 3.—(1) A child shall not be employed between the hours of nine in the evening and six in the morning: Provided that any local authority may, by byelaw, vary these hours either generally or for any specified occupation. Notes -This provision is not restricted to street trading. It applies to employment generally; but is subject to the provisions of section 3 of the Prevention of Cruelty to Children Act, 1894, as amended and re-enacted in this Act by section II post. A "child" means a person under 14 (s. 13). As to what is included in the expression "employed," see section 13. The byelaws are confirmed by the Home Secretary: see generally the provisions of section 4. Byelaws under the Act do not apply to children employed in pursuance of the Factory and Workshop Act, 1901, the Metalliferous Mines Regulation Act, 1872, or the Coal Mines Regulation Act, 1887, so far as regards that employment (s. 9). As to offences and penalties, see sections 5 to 7. The Act contains a saving for manual labour in industrial and reformatory and other schools (s. 10). For model byelaws under this Act issued by the Secretary of State, see page 60. See also the observations as to byelaws in the circular of the Secretary of State, page 55. post. (2) A child under the age of eleven years shall not be employed in street trading. Note--As to what is included in street trading see section 13. (3) No child who is employed half-time under the Factory and Workshop Act, 1901, shall be employed in any other occupation. (4) A child shall not be employed to lift, carry, or move anything so heavy as to be likely to cause injury to the child. (5) A child shall not be employed in any occupation likely to be injurious to his life, limb, health, or education, regard being had to his physical condition. (6) If the local authority send to the employer of any child a certificate signed by a registered medical practitioner that the lifting, carrying, or moving of any specified weight is likely to cause injury to the child, or that any specified occupation is likely to be injurious to the life, limb, health, or education of the child, the certificate shall be admissible as evidence in any subsequent proceedings against the employer in respect of the employment of the child. Notes. As to the liability of employers, see section 5 (1). Inspectors under the Factory and Workshop Act, 1901, the Metalliferous Mines Regulation Act, 1872, and the Coal Mines Regulation Act, 1887, are so far as regards children employed under those Acts substituted in the application of section 3 above for the local authority in respect of such employment (s 9). pro visions as to Sect. 4.-(1) A byelaw made under this Act shall not have General any effect until confirmed by the Secretary of State, and shall not be so byelaws confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State may by general or special order direct. Notes.-Byelaws are made under sections 1, 2 and 3 (1): see also the provisions of subsection (6) of this section. In reckoning the 30 days both the day of confirmation and the day of publication must be excluded-Liffin v. Pitcher (1842) 3 Edw. 7, C. 45, S. 4 (1). General provi sions as to byelaws Restrictions on employment of hildren. (I Dowl. (N. S.) 767; _Re_Railway Sleepers Supply Co. (1885) (29 Ch. D. 204; 54 L. J. Ch. 720; 52 L. T. 731; 33 W. R. 595). For the Order of the Secretary of State as to the publication of byelaws, see page 62. As to the confirmation of byelaws, see the observations in the circular of the Secretary of State, page 58 post. (2) The Secretary of State shall, before confirming any byelaw, consider any objections to it which may be addressed to him by persons affected or likely to be affected thereby. (3) The Secretary of State may, before confirming any byelaw, order that a local inquiry be held with respect to the byelaw or with respect to any objections thereto. The person holding any such inquiry shall receive such remuneration as the Secretary of State may determine, and that remuneration and the expenses of the local inquiry shall be paid by the local authority making the byelaw. (4) Byelaws made under this Act may apply either to the whole of the area of the local authority, or to any specified part thereof. (5) Byelaws made by a county council shall not be of any force or effect within any borough or urban district the council of which is constituted a local authority under this Act. (6) Byelaws under the Prevention of Cruelty to Children Act, 1894, shall be made by the same authority and confirmed in the same way as byelaws under this Act. Notes.-Section 2 of that Act so far as it relates to byelaws is as follows:- (b) causes or procures any child, being a boy under the age of fourteen years, or being a girl under the age of sixteen years, or, having the custody, charge, or care of any such child, allows that child, to be in any street, or in any premises licensed for the sale of any intoxicating liquor, other than premises licensed according to law for public entertainments, for the purpose of singing, playing, or performing for profit, or offering anything for sale, between nine p.m. and six a.m.; that person shall, on summary conviction, be liable, at the discretion of the court, to a fine not exceeding twenty-five pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding three months. Provided that * (ii.) Any local authority may, if they think it necessary or desirable so to do, from time to time by byelaw extend or restrict the hours mentioned in paragraph (b) of this section, either on every day or on any specified day or days of the week, and either as to the whole of their district or as to any specified area therein;" # The authorities who make byelaws under this Act (see sections 1, 2 and 3 (1) are the local authorities mentioned in the first Note to the present Acts. The byelaws are confirmed by the Home Secretary: see generally the provisions of Section 4. For model byelaws with respect to the hours of employment, see page 62 post: see also the observations in the circular of the Secretary of State, page 58 post. It is provided by section 22 (a) of the Act of 1894 that " every byelaw under this Act shall be subject in England to section 184 of the Public Health Act, 1875, as if every local authority in England under this Act were a local authority within the meaning of that section, but with the substitution of Secretary of State for the Local Government Board"; and it is not altogether clear how far the provisions of that section are superseded by section 4 (6) of the present Act. Section 184 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), is as follows:- 66 3 Edw. 7, C. 45, S. 4 (6). General provisions as to byelaws. 'Sect. 184. Byelaws made by a local authority under this Act shall not take Confirmation effect unless and until they have been submitted to and confirmed by the Local byelaws. Government Board, which Board is hereby empowered to allow or disallow the same as it may think proper; nor shall any such byelaws be confirmed— Unless notice of intention to apply for confirmation of the same has been given in one or more of the local newspapers circulated within the district to which such byelaws relate, one month at least before the making of such application; and Unless for one month at least before any such application a copy of the proposed byelaws has been kept at the office of the local authority, and has been open during office hours thereat to the inspection of the ratepayers of the district to which such byelaws relate, without fee or reward. The clerk of the local authority shall, on the application of any such ratepayer, furnish him with a copy of such proposed byelaws or any part thereof, on payment of sixpence for every hundred words contained in such copy. A byelaw required to be confirmed by the Local Government Board shall not require confirmation allowance or approval by any other authority." The local authorities under the Prevention of Cruelty to Children Act, 1894, are in a borough, the council of the borough; the city of London, the common council; the county of London, the county council; and any other place in England, the district council (57 & 58 Vict. c. 41, s. 25); and it will be observed that in the smaller boroughs and urban districts and in rural districts (see first Note to the Employment of Children Act, 1903) the county council became in place of the borough and district councils, the authority for making byelaws under the Act of 1894. There is no provision saving any byelaws made under the Act of 1894; and especially in the case where there is a change of authority, it is doubtful if they remain in force. Sect. 5.-(1) If any person employs a child or other person under Offences and the age of sixteen in contravention of this Act, or of any byelaw under penalties. this Act, he shall be liable on summary conviction to a fine not exceeding forty shillings, or in case of a second or subsequent offence not exceeding five pounds. (2) If any parent or guardian of a child or other person under the age of sixteen has conduced to the commission of the alleged offence by wilful default, or by habitually neglecting to exercise due care, he shall be liable on summary conviction to the like fine. Notes. As to byelaws which may be made under the Act, see sections 1, 2, and 3 (1). " includes any person A "child" means a person under 14, and a “guardian who is liable to maintain or has the actual custody of a child (s. 13). See also the provisions of section 6 as to offences by agents, or workmen, and by parents. An information must be laid within three months after the commission of the offence (s. 7). |