nothing in this section shall prevent the continuous Sect. 40. employment of a child, young person, or woman in the said works without an interval of half an hour for a meal, for the period allowed by this Act in a non-textile factory. require certificates and young certain XLI. Where it appears to a Secretary of State Sect. 41. that by reason of special circumstances affecting Power to class of workshops it is expedient for protectany ing the health of the children and of the young per- of fitness for employsons under the age of sixteen years employed therein, ment of to extend thereto the prohibition in this section children mentioned, he may, by order made under this part persons of this Act, extend to such class of workshops the under 16 in prohibition in this Act of the employment of chil- workshops. dren and young persons under the age of sixteen years without a certificate of the fitness (?) of such child or young person for employment, and thereupon the provisions of this Act with respect to certificates of fitness for employment shall apply to the class of workshops named in the order in like manner as if they were factories. If the prohibition is proved to the satisfaction of the Secretary of State to be no longer necessary for the protection of the health of the children, and the young persons under the age of sixteen years employed in any class of workshops to which it has been extended under this section, he may by order made under this part of this Act rescind the order of extension, without prejudice nevertheless to the subsequent making of another order. (r) See s. 28. Sect. 42. Period of employment (3.) Special Exceptions relaxing General Law in certain Factories and Workshops (8). (a.) Period of Employment. XLII. In the factories and workshops or parts thereof to which this exception applies (t) the period of employment for young persons and women, if so fixed by the occupier and specified in the notice, may, except on Saturday, begin at eight o'clock in the morning and end at eight o'clock in the evening, and on Saturday may begin at eight o'clock in the morning and end at four o'clock in the afternoon, or where it begins at seven o'clock in the morning may end at three o'clock in the afternoon; and the period of employment for a child in a morning set may begin at the same hour, and the period of employment for a child in an afternoon set may end at the same hour. This exception applies to the factories and workshops and parts thereof specified in part one of the third schedule to this Act (t). Where it is proved to the satisfaction of a Secretary of State that the customs or exigencies of the trade carried on in any class of non-textile factories or workshops or parts thereof, either generally or when situate in any particular locality, require the extension thereto of this exception, and that the extension can be made without injury to (s) Before availing himself of a special exception under this part of the Act (i.e. ss. 33-66) the occupier must, not less than seven days beforehand, serve on an inspector, and (except in cases in which the requirement of the Act as to affixing notices does not apply (see s. 61)) affix on the premises notice of his intention so to do, otherwise the exception will not apply. S. 66. And see s. 66 (as to entries in the register); p. 62, post. (t) See the enumeration thereof in 3rd sched., pt. 1. the health of the children, young persons, and Sect. 42. women affected thereby, he may by order made under this part of this Act extend this exception accordingly. gene of employ ment between certain cases. XLIII. Where it is proved to the satisfaction of Sect. 43. a Secretary of State that the customs or exigencies Power to of the trade carried on in any class of non-textile of State to Secretary factories or workshops or parts thereof, either allow period rally or when situate in any particular locality, require that the special exception hereafter in this section mentioned should be granted, and that such 9 p.m. in grant can be made without injury to the health of the children, young persons, and women affected thereby, he may by order made under this part of this Act grant to such class of factories or workshops or parts thereof a special exception, that the period of employment for young persons and women therein, if so fixed by the occupier and specified in the notice, may on any day except Saturday begin at nine o'clock in the morning and end at nine o'clock in the evening, and in such case the period of employment for a child in a morning set shall begin at nine o'clock in the morning, and the period of employment for a child in an afternoon set shall end at eight o'clock in the evening. male young persons above 16 in lace XLIV. The regulations of this Act with respect Sect. 44. to the employment of young persons in textile Power of factories shall not prevent the employment, in the working part of a textile factory in which a machine for the manufacture of lace is moved by steam, water, or other mechanical power, of any male young person factories. above the age of sixteen years between four o'clock in the morning and ten o'clock in the evening, if he is employed in accordance with the following conditions: namely, (a.) Where such young person is employed on any day before the beginning or after the end of the ordinary period of employment Sect. 44. Sect. 45. Power of working male young above 16 in bakehouses. in the factory, there shall be allowed him for meals and absence from work between the above-mentioned hours of four in the morning and ten in the evening not less than nine hours; and (b.) Where such young person is employed on any day before the beginning of the ordinary period of employment in the factory, he shall not be employed on the same day after the end of that period; and (c.) Where such young person is employed on any day after the end of the ordinary period of employment in the factory, he shall not be employed next morning before the beginning of the ordinary period of employment. For the purpose of this exception the ordinary period of employment in the factory means the period of employment for young persons under the age of sixteen years or women in the factory, or if none are employed means such period as can under this Act be fixed for the employment of such young persons and women in the factory, and notice of such period shall be affixed in the factory XLV. The regulations of this Act with respect to the employment of young persons in nontextile (u) factories or workshops shall not prevent persons the employment, in the part of a bakehouse in which the process of baking bread is carried on, of any male young person above the age of sixteen years between five o'clock in the morning and nine o'clock in the evening, if he is employed in accordance with the following conditions; namely, (a.) Where such young person is employed on any day before the beginning or after the end of the ordinary period of employment in the bakehouse, there shall be allowed him for meals and absence from u) S. 13. work between the above-mentioned hours Sect. 45. of five in the morning and nine in the evening not less than seven hours; and (6.) Where such young person is employed on any day before the beginning of the ordinary period of employment in the bakehouse he shall not be employed after the end of that period on the same day; and (c.) Where such young person is employed on any day after the end of the ordinary period of employment in the bakehouse, he shall not be employed next morning before the beginning of the ordinary period of employment. For the purpose of this exception the ordinary period of employment in the bakehouse means the period of employment for young persons under the age of sixteen years or women in the bakehouse, or if none are employed, means such period as can under this Act be fixed for the employment of such young persons and women in the bakehouse, and notice of such period shall be affixed in the bakehouse. Where it is proved to the satisfaction of a Secretary of State that the exigencies of the trade carried on in bakehouses, either generally or when situate in any particular locality, require that the special exception hereafter in this section mentioned should be granted, and that such grant can be made without injury to the health of the male young persons affected thereby, he may by order made under this part of this Act grant to bakehouses, or to bakehouses situate in the said locality, a special exception permitting the employment of male young persons of sixteen years of age and upwards as if they were no longer young persons (x). (x) Such an order has now been made. See Appendix, p. 121. |