year in which the school has been recognised by the Board for the purpose of grants.

Short Title.

2. This Act may be cited as the Education (Compliance with Conditions of Grants) Act, 1919, and the Education Acts, 1870 to 1918, and this Act may be cited together as the Education Acts, 1870 to 1919.

1919.

9 & 10 Geo. 5.

c. 41.

RESTORATION OF PRE-WAR PRACTICES
ACT, 1919.

9 AND 10 GEO. 5. c. 42.

An Act to make provision with respect to the restoration after the present war of certain trade practices, and to amend the law relating to munitions tribunals. [15th August, 1919.]

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::

Restoration of Pre-War Practices.

1. (1) Where in any establishment to which this Act applies, any rule, practice, or custom obtaining before the war in any industry or branch of an industry (hereinafter referred to as a trade practice) has, during and in consequence of the present war, been departed from, the owner of that establishment shall be under an obligation, at the expiration of two months from the passing of this Act, to restore or permit the restoration of the trade practice so previously obtaining, and for one year after such restoration is effected, or if it has been effected before the date of the passing of this Act for one year after that date, to maintain or permit the continuance of the trade practice.

(2) Where any industry or branch of industry, which before the war was not carried on in an establishment, commenced to be carried on in the establishment during the war and continues to be carried on therein after the termination thereof, or where the establishment is one which commenced to be worked after the beginning of the war, the owner of the establishment shall be under the obligation, at the expiration of two months from the passing of this Act, to introduce or permit the introduction of, and for one year after such introduction is effected, or if it has been effected before the date of the passing of this Act for one year after that date, to maintain, or permit the continuance of, such trade practices as obtained before the war in other establishments where that industry or branch was carried on under circumstances most nearly analogous to those of the establishment in question.

(3) Save as expressly provided by this section, nothing in this section shall prejudice the position of employers or persons employed after the

war

1919.

9 & 10 Geo. 5. c. 42.

Legal Proceedings.

2. (1) If any person fails to comply with an obligation imposed upon him by this Act, he shall be guilty of an offence under this Act, and on conviction shall be liable to a fine not exceeding twentyfive pounds for each day or part of a day during which the offence continues;

Provided that no person shall be entitled to institute proceedings against an owner of an establishment for failure to comply with any such obligation unless one week at least before instituting the proceedings he has served on the owner notice in the prescribed form of his intention to institute proceedings specifying the nature of the trade practice to which the obligation relates, and, if the change of practice was made in pursuance of an agreement, also specifying the agreement.

(2) Proceedings for offences under this Act shall be taken before munitions tribunals of the second class in like manner as for offences under the Munitions of War Acts, 1915 to 1917.

(3) Proceedings against an employer for an offence under this Act may be instituted by or on behalf of any worker affected or by or on behalf of a trade union or federation of trade unions, and any party to any such proceedings may appear and be represented by an official of the trade union or federation of trade unions, or of the federation or association of employers, to which he belongs.

(4) If an agreement has been entered into providing for the modification of an obligation under this Act, to which the owner of an establishment is a party, or to which any group or association of employers of which the owner is a member is a party, it shall be a good defence in any proceedings against him in respect of an alleged breach of his obligation if he proves that the breach is authorised by the agreement, and that the trade union whose custom it was before the war to maintain the trade practice to be modified is a party to the agreement or is a member of a federation of trade unions who are parties thereto.

(5) Where in the case of proceedings against the owner of an establishment for failure to comply with an obligation imposed by subsection (2) of section one of this Act, the tribunal is satisfied that a failure to comply with the obligation has occurred, but that it has occurred from a genuine and reasonable doubt as to the nature of the trade practice to which the obligation relates or otherwise as to the interpretation of the obligation, and not from any refusal or unwillingness to comply therewith, the tribunal may, instead of imposing any penalty, make an order declaring the true interpretation of such obligation in relation to the matter or matters complained of, and such an order shall be binding on the parties to the proceedings, and a copy thereof shall be registered at the Ministry of Labour.

Provisions as to Munitions Tribunals.

3.—(1) Subject to the provisions of this section, the provisions of the Munitions of War Act, 1915 to 1917, relating to munitions

tribunals, shall, notwithstanding anything in those Acts limiting the 1919. duration thereof, continue in force so long as may be necessary for 9 & 10 Geo. 5. the purposes of this Act.

(2) The powers of the Minister of Munitions in relation to munitions tribunals shall, as from the passing of this Act, be transferred to the Minister of Labour.

Provided that nothing in this provision shall affect any appointment, choice of assessors, or rules of procedure (including rules as to appeals) made before and in force at the passing of this Act; but anything which under the rules of procedure so in force is to or may be done by or to the Minister of Munitions shall or may be done by or to the Minister of Labour, and those rules shall have effect accordingly.

Establishments to which Act applies.

4. (1) The establishments to which this Act applies are establishments in which munitions work within the meaning of the Munitions of War Acts, 1915 to 1917, has during the present war been carried on, and any other establishment in which the departure from the practice was made in consequence of the two agreements of the nineteenth and twenty-fifth days of March nineteen hundred and fifteen respectively, commonly known as the Treasury agreements, or in pursuance of any other agreement in writing.

(2) This Act shall apply to Crown establishments, that is to say, establishments belonging to or under the control of His Majesty or any Government department, in like manner as it applies to establishments belonging to subjects, and any proceedings which under this Act can be taken by or against the owner of any establishment may be taken by or against the Crown establishment concerned in the name by which the establishment is usually known.

Regulations by Minister of Labour.

5. The Minister of Labour may make regulations prescribing anything which under this Act is to be prescribed, and as to the registration of orders which under this Act may be registered at the Ministry, the inspection of orders so registered, and generally for carrying this Act into effect.

Short Title and Repeals.

6.—(1) This Act may be cited as the Restoration of Pre-War Practices Act, 1919.

(2) Subsection (3) of section four and paragraphs (1) and (2) of the

0.42.

Second Schedule to the Munitions of War Act, 1915, are hereby 5 & 6 Geo. 5. repealed.

c. 54.

1919.

9 & 10 Geo. 5. c. 46.

POLICE ACT, 1919.

9 AND 10 GEO. 5. c. 46.

An Act to amend the Law relating to the Police in Great Britain. [15th August, 1919.]

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:

:

Constitution of Police Federation.

1. (1) For the purpose of enabling the members of the police forces of England and Wales to consider and bring to the notice of the police authorities and the Secretary of State all the matters affecting their welfare and efficiency, other than questions of discipline and promotion affecting individuals, there shall be established in accordance with the Schedule to this Act an organisation to be called the Police Federation, which shall act through local and central representative bodies as provided in that schedule.

(2) The Police Federation and every branch thereof shall be entirely independent of and unassociated with any body or person outside the police service.

Prohibition against Constables being Members of Trade Unions.

2.—(1) Subject as aforesaid, it shall not be lawful for a member of a police force to become, or after the expiration of one month from the passing of this Act to be, a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions, or conditions of service of any police force; and any member of a police force who contravenes this provision shall be disqualified from continuing to be a member of the force; and, if any member of a police force continues to act as such after becoming so disqualified, he shall forfeit all pension rights and be disqualified from being thereafter employed in any police force:

Provided that, where a man was a member of a trade union before becoming a constable, he may, with the consent of the chief officer of police, continue to be a member of that union during the time of his service in the police force.

(2) If any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the Minister of Labour.

Penalty on Persons causing Disaffection, etc.

3. If any person causes or attempts to cause, or does any act calculated to cause disaffection amongst the members of any police force, or induces, or attempts to induce, or does any act calculated to induce any member of a police force to

1919.

c. 46.

withhold his services or to commit breaches of discipline, he shall be guilty of a misdemeanour, and shall be liable on conviction on indict- 9 & 10 Geo. 5. ment to imprisonment, with or without hard labour, for a term not exceeding two years, or on summary conviction, to imprisonment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding fifty pounds, or to both such imprisonment and fine, and in either case, if a member of a police force, shall forfeit all pension rights and be disqualified for being a member of any police force: Provided that where the person convicted of any such offence was a member of a police force and was not sentenced to imprisonment without the option of a fine, the police authority may, if they think fit, pay to him the whole or any part of the rateable deductions which may have been made from his pay.

Power of Secretary of State to Regulate Pay, etc., of Police Forces.

4. (1) It shall be lawful for the Secretary of State to make regulations as to the government, mutual aid, pay, allowances, pensions, clothing, expenses, and conditions of service of the members of all police forces within England and Wales, and every police authority shall comply with the regulations so made.

(2) A draft of any regulations proposed to be so made as aforesaid shall be submitted to a council, consisting of the joint central committee or a deputation from the joint central committee of the Police Federation and representatives of the chief officers of police and police authorities selected for the purpose by the Secretary of State, after consultation with the County Councils Association and the Association of Municipal Corporations, and before making the regulations the Secretary of State shall consider any representations made by such council.

Amendment of 4 and 5 Geo. 5, c. 34, s. 1 and c. 80, s. I.

5. The subsection which, by virtue of section one of the Police Constables (Naval and Military Service) Act, 1914, is to be substituted for subsection (2) of section one of the Police Reservists (Allowances) Act, 1914, shall have effect and shall be deemed always to have had effect as if for the words "pensions and allowances equal "to one half the amount payable out of naval or military funds " there were substituted the words "pensions and allowances in addition "to the amount payable out of naval, military, or air-force funds," and as if it authorised pensions and allowances granted thereunder to be reckoned on the rate of pay which the man would have been receiving at the date of his death or disablement had he then been a member of the police force.

Amendment of Provisions as to Police Pensions.

6. At the end of paragraph eleven of the First Schedule to the Police, 53 & 54 Vict. Act, 1890, there shall be inserted the words "so, however, that the

c. 45.

46

pension shall not be less than if the constable had continued in his former rank."