Trade as to trade disputes. Exclusion of c. 49. workmen, the Board of Trade may, if they think fit, exercise all or any of the (a) inquire into the causes and circumstances of the difference; (c) on the application of employers or workmen interested, and after taking (d) on the application of both parties to the difference, appoint an arbitrator. (2) If any person is so appointed to act as conciliator, he shall inquire into the causes and circumstances of the difference by communication with the parties, and otherwise shall endeavour to bring about a settlement of the difference, and shall report his proceedings to the Board of Trade. (3) If a settlement of the difference is effected, either by conciliation or by arbitration, a memorandum of the terms thereof shall be drawn up and signed by the parties or their representatives, and a copy thereof shall be delivered to and kept by the Board of Trade. 3. The Arbitration Act, 1889, shall not apply to the settlement by 52 & 53 Vict. arbitration of any difference or dispute to which this Act applies, but any such arbitration proceedings shall be conducted in accordance with such of the provisions of the said Act, or such of the regulations of any conciliation board, or under such other rules or regulations as may be mutually agreed upon by the parties to the difference or dispute. Power for Trade to aid Report to Expenses. Repeal. 5 Geo. 4, c. 96; 30 & 31 Vict. c. 105; 35 & 36 Vict. c. 46. Short title. 4. If it appears to the Board of Trade that in any district or trade adequate means do not exist for having disputes submitted to a conciliation board for the district or trade, they may appoint any person or persons to inquire into the condition of the district or trade, and to confer with the employers and employed, and if the Board of Trade think fit, with any local authority or body, as to the expediency of establishing a conciliation board for the district or trade. 5. The Board of Trade shall from time to time present to Parliament a report of their proceedings under this Act. 6. The expenses incurred by the Board of Trade in the execution of this Act shall be defrayed out of moneys provided by Parliament. 7. The Masters and Workmen Arbitration Act, 1824, and the Councils of Conciliation Act, 1867, and the Arbitration (Masters and Workmen) Act, 1872, are hereby repealed. 8. This Act may be cited as the Conciliation Act, 1896. CHAPTER XI. FACTORY AND WORKSHOP ACT, 1901 (a). [1 Edw. 7, c. 22.] THIS Act repeals all previous Factory and Workshop Acts (aa), and consolidates the law with amendments. Some of the principal amendments are :— Sect. 4. Power of Secretary of State to act in default of local authority. Sect. 11. Safety-valves and gauges on steam-boilers. Sect. 13 (1) (b). Restriction on children cleaning machinery in motion. Sects. 14 (1) (6) (7) and 15. Fire-escapes. Sects. 62 and 156. Children under twelve not to be employed. Sects. 79-85. Regulations as to dangerous trades. Sects. 104 and 106. Terms "factory," "workshop" and "plant" extended for the purpose of applying certain provisions. Sects. 112 and 115. "Domestic" factories defined and made subject to provisions as to dangerous processes. Sect. 129. General registers to be kept. Sect. 150. Crown factories and workshops included. Sect. 149 and Schedule 6, Part I. (20), Part II. (28). Additions to "non-textile factories and workshops." The powers of district councils, particularly with regard to the sanitary superintendence of "workshops" and "workplaces," are very much extended. The provisions of the repealed Cotton Cloth Factories Acts together with the Secretary of State's orders made under them are embodied in sects. 90-96 of this Act. See for a short review of Factory Legislation, Evans Austin's Law Relating to Factories and Workshops (2nd ed. 1901), Introduction, c. i. p. xxiii. (a) The Factory and Workshop Act, 1907, which deals with "Laundries and certain "Institutions," is printed at p. 863, post. (aa) With the temporary exceptions mentioned in Sched. 7, Part II., see sect, 161, By sect. 126 the Secretary of State is given power to make or rescind special orders; and by sect. 161, sub-sect. (2) it is provided: -"All orders and all special rules and requirements made or having effect under any enactment hereby repealed shall continue to have effect as if they had been made under this Act." Penalties and the procedure for their recovery are dealt with in sects. 135-148. ARRANGEMENT OF SECTIONS. PART I. HEALTH AND SAFETY. (i) Health. 1. Sanitary condition of factory. 2. Sanitary condition of workshops and workplaces. 3. Overcrowding of factory or workshop. 4. Power of Secretary of State to act in default of local authority. 5. Powers of inspector as to sanitary defects in factory or workshop remediable by sanitary authority. 6. Temperature in factories and workshops. 7. Ventilation. 8. Drainage of floors. 9. Sanitary conveniences in factories and workshops. (ii) Safety. 10. Fencing of machinery. 11. Steam boilers. 12. Regulations as to self-acting machines. 13. Restrictions on cleaning when machinery is in motion. 14. Provision of means of escape in case of fire. 15. Bye-laws for means of escape from fire. 16. Doors of factory or workshop to open from inside. 17. Power to make order as to dangerous machine. 18. Power to make order as to unhealthy or dangerous factory or workshop. (iii) Accidents. 19. Notice of accidents causing death or bodily injury. 20. Investigation of and report on accidents by certifying surgeon. 21. Inquest in case of death by accident in factory or workshop. 22. Power to direct formal investigation of accidents. PART II. EMPLOYMENT. (i) Hours and Holidays. 23. Restrictions on period of employment of women, young persons, and children. 24. Hours of employment in textile factories-young persons and women. 25. Hours of employment in textile factories-children. 26. Hours of employment in non-textile factories and workshops-young persons and women. 27. Hours of employment in non-textile factories and workshopschildren. 28. Hours of employment in print works and bleaching and dyeing works. 29. Special provisions as to employment in women's workshops. 30. Special provision as to eight hours' employment of women and young persons. 31. Restriction on employment inside and outside factory or workshop on same day. 32. Notice fixing hours of employment, &c. 33. Meal times to be simultaneous, and employment during meal times forbidden. 34. Prohibition of Sunday employment. 35. Annual holidays and half-holidays. (ii) Special Exceptions as to Hours and Holidays. 36. Employment between nine a.m. and nine p.m. in certain cases. 37. Employment of male young persons above sixteen in lace factories. 38. Employment of male young persons above sixteen in bakehouses. 39. Five hours' spell in certain textile factories. 40. Different meal times for different sets, and employment during meal times. 41. Special exceptions as to fish and fruit preserving. 42. Special exceptions as to creameries. 43. Substitution of another day for Saturday. 44. Saturday employment in Turkey red dyeing. 45. Holidays on different days for different sets. 46. Employment inside and outside on the same day. 47. Hours and holidays in factory or workshop of Jewish occupier. 48. Sunday employment of Jews in factory or workshop of Jewish occupier. Overtime. 49. Overtime employment of women for press of work, 52. Overtime employment in factories driven by water. 53. Overtime employment in Turkey red dyeing and open-air bleaching. Night Work. 54. Night employment of male young persons of fourteen. 55. Night employment of male young persons of fourteen in glass works. 56. Night employment of male young persons of sixteen in printing newspapers. Intermittent Employment. 57. Exemption for certain flax scutch mills. Supplemental. 58. Power to impose sanitary requirements as condition of special exceptions. 59. Power to rescind orders as to special exceptions. 60. Notices, registers, &c. relating to special exceptions. (iii) Fitness for Employment. 61. Prohibition of employment of women after childbirth. 62. Prohibition of employment of children under twelve. 63. Certificates of fitness for employment of young persons under sixteen and children in factories. 64. Regulations as to grant of certificate of fitness. 65. Power to obtain certificates of fitness for employment in workshops. 66. Power to require certificates of fitness for employment in certain workshops. 67. Power of inspector to require surgical certificate of capacity for work. PART III. EDUCATION OF CHILDREN. 68. Attendance at school of children employed in factory or workshop. 69. Obtaining of school attendance certificate by occupier. 70. Payment by occupier of sum for schooling. 71. Employment as young person of child of thirteen on obtaining educational certificate. 72. Definitions of "certified efficient school," and "recognised efficient school." PART IV. DANGEROUS AND UNHEALTHY INDUSTRIES. (i) Special Provisions. 73. Notification of certain diseases contracted in factory or workshop. 74. Provision as to ventilation by fan in certain factories and workshops. 75. Lavatories and meals in certain dangerous trades. 76. Restrictions as to employment in wet-spinning. 77. Prohibition of employment of young persons and children in certain factories and workshops. 78. Prohibition of taking meals in certain parts of factories and workshops. |