PART IV
DEFINITIONS, SAVINGS, APPLICATION TO SCOTLAND AND IRELAND, AND REPEAL
(1) Definitions
93 Factories and workshops to which Act applies
The expression "textile factory" in this Act means -
any premises wherein or within the close or curtilage of which steam, water, or other mechanical power is used to move or work any machinery employed in preparing, manufacturing, or finishing, or in any process incident to the manufacture of, cotton, wool, hair, silk, flax, hemp, jute, tow, china-grass, cocoanut fibre, or other like material, either separately or mixed together, or mixed with any other material, or any fabric made thereof:
Provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works, and hat works shall not be deemed to be textile factories.
The expression "non-textile factory" in this Act means -
(1) any works, warehouses, furnaces, mills, foundries, or places named in Part One of the Fourth Schedule to this Act,
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(2) also any premises or places named in Part Two of the said schedule wherein, or within the close or curtilage or precincts of which, steam, water, or other mechanical power is used in aid of the manufacturing process carried on there,
(3) also any premises wherein, or within the close or curtilage or precincts of which, any manual labour is exercised by way of trade or for purposes of gain in or incidental to the following purposes, or any of them; that is to say,
(a) in or incidental to the making of any article or of part of any article, or
(b) in or incidental to the altering, repairing, ornamenting, or finishing of any article, or
(c) in or incidental to the adapting for sale of any article,
and wherein, or within the close or curtilage or precincts of which, steam, water, or other mechanical power is used in aid of the manufacturing process carried on there.
The expression "factory" in this Act means textile factory and non-textile factory, or either of such descriptions of factories.
The expression "workshop" in this Act means -
(1) any premises or places named in Part Two of the Fourth Schedule to this Act, which are not a factory within the meaning of this Act,
(2) also any premises, room, or place not being a factory within the meaning of this Act, in which premises, room, or place, or within the close or curtilage or precincts of which premises, any manual labour is exercised by way of trade or for purposes of gain in or incidental to the following purposes or any of them; that is to say,
(a) in or incidental to the making of any article or of part of any article, or
(b) in or incidental to the altering, repairing, ornamenting, or finishing of any article, or
(c) in or incidental to the adapting for sale of any article,
and to which or over which premises, room, or place the employer of the persons working therein has the right of access or control.
A part of a factory or workshop may, for the purposes of this Act be taken to be a separate factory or workshop; and a place solely used as a dwelling shall not be deemed to form part of the factory or workshop for the purposes of this Act.
Where a place situate within the close, curtilage, or precincts forming a factory or workshop is solely used for some purpose other than the manufacturing process or handicraft carried on in the factory or workshop, such place shall not be deemed to form part of that factory or workshop for the purposes of this Act, but shall, if otherwise it would be a factory or workshop, be deemed to be a separate factory or workshop, and be regulated accordingly.
Any premises or place shall not be excluded from the definition of a factory or workshop by reason only that such premises or place are or is in the open air.
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This Act shall not apply to such workshops, other than bakehouses, as are conducted on the system of not employing any child, young person, or woman therein, but save as aforesaid applies to all factories and workshops as before defined, inclusive of factories and workshops belonging to the Crown; provided that in case of any public emergency a Secretary of State may exempt a factory or workshop belonging to the Crown from this Act to the extent and during the period named by him.
The exercise by any child or young person in any recognised efficient school during a portion of the school hours of any manual labour for the purpose of instructing such child or young person in any art or handicraft, shall not be deemed to be an exercise of manual labour for the purpose of gain within the meaning of this Act.
94 Definition of employment and working for hire
A child, young person, or woman who works in a factory or workshop, whether for wages or not, either in a manufacturing process or handicraft, or in cleaning any part of the factory or workshop used for any manufacturing process or handicraft, or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with the manufacturing process or handicraft, or connected with the article made or otherwise the subject of the manufacturing process or handicraft therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein within the meaning of this Act.
For the purposes of this Act an apprentice shall be deemed to work for hire.
95 Definitions of "certified efficient school" and "recognised efficient school"
The expression "certified efficient school" in this Act means a public elementary school within the meaning of the Elementary Education Acts 1870 (33 & 34 Vict. c. 75) and 1873 (36 & 37 Vict. c. 86), and any workhouse school in England certified to be efficient by the Local Government Board, and also any elementary school which is not conducted for private profit and is open at all reasonable times to the inspection of Her Majesty's inspectors of schools, and requires the like attendance from its scholars as is required in a public elementary school, and keeps such registers of those attendances as may be for the time being required by the Education Department, and is certified by the Education Department to be an efficient school; and the expression "recognised efficient school" means a certified efficient school as above defined, and also any school which the Education Department have not refused to take into consideration under the Elementary Education Act 1870 (33 & 34 Vict. c. 75), as a school giving efficient elementary education to and suitable for the children of a school district, and which is recognised for the time being by an inspector under this Act as giving efficient elementary education, and the inspector shall immediately report to the Education Department every school so recognised by him.
96 General definitions
In this Act, unless the context otherwise requires, -
The expression "child" means a person under the age of fourteen years:
The expression "young person" means a person of the age of fourteen years and under the age of eighteen years:
The expression "woman" means a woman of eighteen years of age and upwards:
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The expression "parent" means a parent or guardian of, or person having the legal custody of, or the control over, or having direct benefit from the wages of, a child or young person:
The expression "Treasury" means the Commissioners of Her Majesty's Treasury:
The expression "Secretary of State" means one of Her Majesty's Principal Secretaries of State:
The expression "Education Department" means the Lords of the Committee of the Privy Council on Education:
The expression "sanitary authority" means an urban or rural sanitary authority, within the meaning of the Public Health Act 1875, and any commissions, board, or vestry in the metropolis having the like powers as such urban sanitary authority:
The expression "person" includes a body of persons corporate or unincorporate:
The expression "week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night:
The expression "night" means the period between nine o'clock in the evening and six o'clock in the succeeding morning:
The expression "prescribed" means prescribed for the time being by a Secretary of State:
The expression "Summary Jurisdiction Acts" means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and any Acts amending the same:
The expression "court of summary jurisdiction" means any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to:
The expression "mill-gearing" comprehends every shaft, whether upright, oblique, or horizontal, and every wheel, drum, or pulley by which the motion of the first moving power is communicated to any machine appertaining to a manufacturing process.
The factories and workshops named in the Fourth Schedule to this Act are in this Act referred to by the names therein assigned to them.
Special exemption of certain Trades
97 Exemption of handicrafts in Fifth Schedule in private houses
The exercise in a private house or private room by the family dwelling therein, or by any of them, of manual labour by way of trade or for purposes of gain in or incidental to any of the handicrafts specified in the Fifth Schedule to this Act, shall not of itself constitute such house or room a workshop within the meaning of this Act.
When it is proved to the satisfaction of a Secretary of State that by reason of the light character of the handicraft carried on in any private house or private room by the family dwelling therein,
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or by any of, them, it is expedient to extend this section to that handicraft, he may by order extend the same.
The order shall be made in manner provided by Part Two of this Act, and that part shall apply so far as circumstances admit as if the order were an order extending an exception.
98 Exemption of certain homework
The exercise in a private house or private room by the family dwelling therein, or by any of them, of manual labour for the purposes of gain in or incidental to some of the purposes in this Act in that behalf mentioned, shall not of itself constitute such house or room a workshop where the labour is exercised at irregular intervals, and does not furnish the whole or principal means of living to such family.
(2) Savings
99 Saving as to liability of hirer of machine where not occupier
Where in a factory the owner or hirer of a machine or implement moved by steam, water, or other mechanical power, in or about or in connexion with which machine or implement children, young persons, or women are employed, is some person other than the occupier of the factory, and such children, young persons, or women are in the employment and pay of the owner or hirer of such machine or implement, in any such case such owner or hirer shall, so far as respects any offence against this Act which may be committed in relation to such children, young persons, or women, be deemed to be the occupier of the factory.
100 Saving for person employed in repair of machinery or of factory or workshop, or in process of curing fish
Nothing in this Act shall extend -
(1) To any young person, being a mechanic, artisan, or labourer, working only in repairing either the machinery in or any part of a factory or workshop; or
(2) To the process of gutting, salting, and packing fish immediately upon its arrival in the fishing boats.
101 Application to factories and workshops of 38 & 39 Vict. c. 55
The provisions of section ninety-one of the Public Health Act 1875, with respect to a factory, workshop, or workplace not kept in a cleanly state or not ventilated or overcrowded, shall not apply to a factory or workshop which is subject to the provisions of this Act relating to cleanliness, ventilation, and overcrowding, but shall apply to every other factory, workshop, and workplace.
It is hereby declared that the Public Health Act 1875, shall apply to buildings in which persons are employed, whatever their number may be, in like manner as it applies to buildings where more than twenty are employed.
102 Construction of enactments etc referring to repealed Acts
Any enactment or document referring to the Acts repealed by this Act, or any of them, or to any enactment thereof, shall be construed to refer to this Act and to the corresponding enactment thereof.
(3) Application of Act to Scotland and Ireland
103 Temporary saving for employment of children under 10 and children over 13 in Scotland and Ireland
The provisions of this Act shall, in the case of a factory or workshop in Scotland or Ireland, in which a child under the age of ten years may lawfully be employed at the passing of this Act, be modified as follows; that is to say,
(1) Shall apply during twelve months after the commencement of this Act to children of the age of nine years and upwards, as if they were of the age of ten years; and
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(2) Shall not prevent a child who, before the commencement of this Act, is lawfully employed in any factory or workshop as a child under the age of nine years, or any child who during the twelve months next after the commencement of this Act is lawfully employed in any factory or workshop as a child under the age of ten years, from continuing to be employed in a factory or workshop in like manner as if the child were above the age of ten years; and
(3) Shall apply during twelve months after the commencement of this Act to children of the age of thirteen years and upwards as if they were young persons; and
(4) Shall not prevent a child, who before the expiration of twelve months after the commencement of this Act is lawfully employed in a factory or workshop as a young person, from continuing to be employed in a factory or workshop as a young person.
104 Certificates of birth for purposes of Act
Where the age of any child is required to be ascertained or proved for the purposes of this Act, or for any purpose connected with the elementary, education or employment in labour of such child, any person, on presenting a written requisition in such form and containing such particulars as may be from time to time prescribed by a Secretary of State, and on payment of such fee, not exceeding one shilling, as a Secretary of State from time to time fixes, shall be entitled to obtain -
(1) In Scotland an extract under the hand of the registrar under the Act of the seventeenth and eighteenth years of Her present Majesty, chapter eighty, and any Acts amending the same, of the entry in the register kept under those Acts; and
(2) In Ireland a certified copy under the hand of the registrar or superintendent registrar under the Registration of Births and Deaths (Ireland) Act 1863 (26 & 27 Vict. c. 11) of the entry in the register under that Act of the birth of the child named in the requisition.
105 Application of Act to Scotland
In the application of this Act to Scotland -
(1) The expression "certified efficient school" means any public or other elementary school under Government inspection:
(2) In lieu of Christmas Day and either Good Friday or the next public holiday under the Holidays Extension Act 1875 (38 & 39 Vict. c. 13), there shall be allowed as a holiday to every child, young person, and woman employed in a factory or workshop the whole of two days separated from each other by an interval of not less than three months, one of which shall be a day set apart by the Church of Scotland for the observance of the sacramental fast in the parish in which the factory or workshop is situate, or some other day substituted for such day as aforesaid by the occupier specifying the same in the notice affixed in the factory or workshop:
(3) The expression "sanitary authority" means the local authority under the Public Health (Scotland) Act 1867 (30 & 31 Vict. c. 101):
(4) The expression "medical officer of health" means the medical officer under the Public Health (Scotland) Act 1867, or where no such officer has been appointed, the medical officer appointed by the parochial board:
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The expression "poor law medical officer" means the medical officer appointed by the parochial board:
(5) The expression "Companies Clauses Consolidation Act 1845 (8 & 9 Vict. c. 16)" means the Companies Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict. c. 17):
(6) The expression "Summary Jurisdiction Acts" means the Summary Procedure Act 1864 (27 & 28 Vict. c. 53), and any Acts amending the same:
(7) The expression "court of summary jurisdiction" means the sheriff of the county or any of his substitutes:
(8) The expression "Education Department" means the Lords of the Committee of the Privy Council appointed by Her Majesty on Education in Scotland:
(9) The expression "county court" means the sheriff court:
(10) All matters required by this Act to be published in the London Gazette shall (if they relate exclusively to Scotland), instead of being published in the London Gazette, be published in the Edinburgh Gazette only:
(11) The expression "information" means petition or complaint:
(12) The expression "informant" means petitioner, pursuer, or complainer:
(13) The expression "defendant" means defender or respondent:
(14) The expression "clerk of the peace" means sheriff clerk:
(15) All offences under this Act shall be prosecuted and all penalties under this Act shall be recovered under the provisions of the Summary Jurisdiction Acts at the instance of the procurator fiscal or of an inspector under this Act:
(16) The court may make, and may also from time to time alter or vary, summary orders under this Act on petition by such procurator fiscal or inspector presented in common form:
(17) All fines under this Act in default of payment, and all orders made under this Act failing compliance, may be enforced by imprisonment for a term to be specified in the order or conviction, but not exceeding three months:
(18) It shall be no objection to the competency of an inspector to give evidence as a witness in any prosecution for offences under this Act, that such prosecution is brought at the instance of such inspector:
(19) Every person convicted of an offence under this Act shall be liable in the reasonable costs and charges of such conviction:
(20) All penalties imposed and recovered under this Act shall be paid to the clerk of the court, and by him accounted for and paid to the Queen's and Lord Treasurer's Remembrancer, on behalf of Her Majesty's Exchequer, and shall be carried to the Consolidated Fund:
(21) All jurisdictions, powers, and authorities necessary for the purposes of this section are conferred on the sheriffs and their substitutes:
(22) Any person may appeal from any order or conviction under this Act to the Court of Justiciary, under and in terms of the Act of the twentieth year of the reign of His Majesty
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King George the Second, chapter forty-three, or under any enactment amending that Act, or applying or incorporating its provisions, or any of them, with regard to appeals, or to the Court of Justiciary at Edinburgh under and in terms of the Summary Prosecutions Appeal (Scotland) Act 1875 (38 & 39 Vict. c. 62).
106 Application of Act to Ireland
In the application of this Act to Ireland -
(1) The expression "certified efficient school" means any national school, or any school recognised by the Lord LIeutenant and Privy Council as affording sufficient means of literary education for the purposes of this Act:
(2) In lieu of any two half-holidays allowed under the provisions of sub-section (2) in section twenty-two of this Act, there shall be allowed as a holiday to every child, young person, and woman employed in a factory or workshop the whole of the seventeenth day of March: Provided, that when this date falls on a Sunday, this sub-section shall have no effect as regards such date:
(3) The expression "sanitary authority" means an urban or rural sanitary authority within the meaning of the Public Health (Ireland) Act 1874 (37 & 38 Vict. c. 93), and any Act amending the same:
(4) The expression "medical officer of health" means the medical sanitary officer of the sanitary district:
The expression "poor law medical officer" means the dispensary doctor:
(5) Any act authorised to be done or consent required to be given by the Education Department under this Act shall be done and given by the Lord Lieutenant or Lords Justices of Ireland, acting by and with the advice of the Privy Council in Ireland:
(6) The expression "county court" means the civil bill court:
(7) The expression "Summary Jurisdiction Acts" means, within the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act 1851 (14 & 15 Vict. c. 93), and any Act amending the same:
(8) A court of summary jurisdiction when hearing and determining an information or complaint in any matter arising under this Act shall be constituted within the police district of Dublin metropolis of one of the divisional justices of that district sitting at a police court within the district, and elsewhere of a stipendiary magistrate sitting alone or with others, or of two or more justices of the peace sitting in petty sessions at a place appointed for holding petty sessions:
(9) Appeals from a court of summary jurisdiction shall lie in the manner and subject to the conditions and regulations prescribed in the twenty-fourth section of the Petty Sessions (Ireland) Act 1851 (14 & 15 Vict. c. 93), and any Acts amending the same:
(10) All fines imposed under this Act shall, save as is otherwise expressly provided by this Act, be applied in the manner
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directed by the Fines Act (Ireland), 1851 (14 & 15 Vict. c. 90), and any Act amending the same:
(11) The provisions of section nineteen of the Public Health Act 1866 (29 & 30 Vict. c. 90), or of any enactment substituted for that section, with respect to any factory, workshop, or workplace not kept in a cleanly state, or not ventilated, or overcrowded, shall not apply to any factory or workshop which is subject to the provisions of this Act with respect to cleanliness, ventilation, and overcrowding, but shall apply to every other factory, workshop, and workplace:
It is hereby declared that the Sanitary Acts within the meaning of the Public Health (Ireland) Act 1874 (37 & 38 Vict. c. 93), shall apply to buildings in which persons are employed, whatever their number may be, in like manner as they apply to buildings where more than twenty persons are employed:
(12) All matters required by this Act to be published in the London Gazette shall, if they relate exclusively to Ireland, instead of being published in the London Gazette, be published in the Dublin Gazette only.
(4) Repeal
107 Repeal of Acts
The Acts specified in the Sixth Schedule to this Act are hereby repealed from and after the commencement of this Act to the extent in the third column of that schedule mentioned:
Provided that -
(1) All notices affixed in the factory in pursuance of the Acts hereby repealed shall, so far as they are in accordance with the provisions of this Act, be deemed to have been affixed in pursuance of this Act; and
(2) All inspectors, sub-inspectors, officers, clerks, and servants appointed in pursuance of the Acts hereby repealed shall continue in office and shall be subject to removal and have the same powers and duties as if they had been appointed in pursuance of this Act; and
(3) All certifying surgeons appointed in pursuance of any Act hereby repealed, shall be deemed to have been appointed in pursuance of this Act; and
(4) All surgical certificates granted in pursuance of any Act hereby repealed shall have effect as certificates of fitness for employment granted in pursuance of this Act, and all registers kept in pursuance of any Act hereby repealed shall, until otherwise directed by a Secretary of State, be deemed to be the registers required by this Act; and
(5) Any order made by a Secretary of State in pursuance of any enactment hereby repealed for granting any permission or relaxation to any factories or workshops may, if the Secretary of State so direct, continue in force for a period not exceeding three months after the commencement of this Act; and
(6) The standard of proficiency fixed by the Education Department in pursuance of any enactment hereby repealed shall be deemed to have been fixed in pursuance of this Act; and
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(7) A child exempted by section eight of the Elementary Education Act 1876 (39 & 40 Vict. c. 79), from the provisions of section twelve of the Factory Act 1874 (37 & 38 Vict. c. 44), by reason of his having attained the age of eleven years before the first day of January 1877, shall, on attaining the age of thirteen years, be deemed to be a young person within the meaning of this Act:
(8) This repeal shall not affect -
(a) Anything duly done or suffered under any enactment hereby repealed; or
(b) Any obligation or liability incurred under any enactment hereby repealed; or
(c) Any penalty or punishment incurred in respect of any offence committed against an enactment hereby repealed; or
(d) Any legal proceeding or remedy in respect of any such obligation, liability, penalty, or punishment as aforesaid, and any such legal proceeding and remedy may be carried on as if this Act had not passed.
SCHEDULES
FIRST SCHEDULE
Section 38
SPECIAL PROVISIONS FOR HEALTH
Factories and Workshops in which the Employment of Young Persons and Children is restricted
1 Restriction of employment of young persons and children;
In a part of a factory or workshop in which there is carried on the process of silvering of mirrors by the mercurial process; or the process of making white lead, a young person or child shall not be employed.
2 of children etc in glass works;
In the part of a factory in which the process of melting or annealing glass is carried on a child or female young person shall not be employed.
3 of girls under 16 in certain employments;
In a factory or workshop in which there is carried on -
(a) the making or finishing of bricks or tiles not being ornamental tiles; or
(b) the making or finishing of salt,
a girl under the age of sixteen years shall not be employed.
4 of children in metal grinding and lucifer-match dipping;
In a part of a factory or workshop in which there is carried on -
(a) Any dry grinding in the metal trade, or
(b) the dipping of lucifer matches,
a child shall not be employed.
5 of child under 11 in dry grinding etc
In any grinding in the metal trades other than dry grinding or in fustian cutting a child under the age of eleven years shall not be employed.
SECOND SCHEDULE
Section 38
SPECIAL RESTRICTIONS
Places forbidden for Meals
As to parts of factories or workshops in which children, young persons, and women are forbidden to take meals
The prohibition on a child, young person, or woman taking a meal or remaining during the times allowed for meals in certain parts of factories or workshops applies to the parts of factories and workshops following that is to say, -
(1) In the case of glass works, to any part in which the materials are mixed; and
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(2) In the case of glass works where flint glass is made, to any part in which the work of grinding, cutting, or polishing is carried on; and
(3) In the case of lucifer-match works, to any part in which any manufacturing process or handicraft (except that of cutting the wood) is usually carried on; and
(4) In the case of earthenware works, to any part known or used as dippers house, dippers drying room, or china scouring room.
THIRD SCHEDULE
Sections 42, 48, 52, 53, 54, 56, 58
SPECIAL EXCEPTIONS
PART ONE
Section 42
Period of Employment
Employment of children, young persons, and women between 8 a.m. and 8 p.m. in certain trades
The exception respecting the employment of children, young persons, and women between the hours of eight in the morning and eight in the evening, and on Saturday between tho hours of eight in the morning and four in the afternoon, or between the hours or seven in the morning and three in the afternoon, applies to any factory or workshop or part thereof in which any of the following manufacturing processes or handicrafts are carried on; that is to say,
(a) Lithographic printing:
(b) Turkey red dyeing:
(c) The making of any article of wearing apparel:
(d) The making of furniture hangings:
(e) Artificial flower making:
(f) Bon-bon and Christmas present making:
(g) Valentine making:
(h) Fancy box making:
(i) Envelope making:
(k) Almanac making:
(l) Playing card making:
(m) Machine ruling:
(n) Biscuit making:
(o) Firewood cutting:
(p) Job dyeing: or
(q) Aerated water making; and also to
(r) Bookbinding works:
(s) Letter-press printing works: and
(t) A part of a factory or workshop which is a warehouse not used for any manufacturing process or handicraft, and in which persons are solely employed in polishing, cleaning, wrapping, or packing up goods.
PART TWO
Section 52
Meal Hours
Cases in which provisions as to meal times are not to apply
The cases in which the provisions of this Act as to meal times being allowed at the same hour of the day are not to apply are -
(1) The case of children, young persons, and women employed in the following factories; that is to say,
Blast furnaces,
Iron mills,
Paper mills,
Glass works, and
Letter-press printing works; and
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(2) The case of male young persons employed in that part of any print works or bleaching and dyeing works in which the process of dyeing or open-air bleaching is carried on.
The cases in which and the extent to which the provisions of this Act as to a child, young person, or woman during the times allowed for meals being employed or being allowed to remain in a room in which a manufacturing process or handicraft is being carried on, are not to apply are, -
(1) The case of children, young persons, and women employed in the following factories; that is to say,
Iron mills,
Paper mills,
Glass works (save as otherwise provided by this Act), and
Letter-press printing works; and
(2) The case of a male young person employed in that part of any print works or bleaching and dyeing works in which the process of dyeing or open-air bleaching is carried on, to this extent, that the said provisions shall not prevent him, during the times allowed for meals to any other young person or to any child or woman, from being employed or being allowed to remain in any room in which any manufacturing process is carried on, and shall not prevent, during the times allowed for meals to such male young person, any other young person or any child or woman from being employed in the factory or allowed to remain in any room in which any manufacturing process is carried on.
PART THREE
Section 53
Overtime
Factories and workshops in which young persons and women may be allowed to work for 14 hours a day under certain circumstances
The exception with respect to the employment of young persons and women for forty-eight days in any twelve months during a period of employment, beginning at six or seven o'clock in the morning and ending at eight or nine o'clock in the evening, or beginning at eight o'clock in the morning and ending at ten o'clock in the evening, applies to each of the factories and workshops, and parts thereof, following; that is to say,
(1) Where the material which is the subject of the manufacturing process or handicraft is liable to be spoiled by weather; namely,
(a) Flax scutch mills; and
(b) A factory or workshop or part thereof in which is carried on the making or finishing of bricks or tiles not being ornamental tiles; and
(c) The part of rope works in which is carried on the open-air process; and
(d) The part of bleaching and dyeing works in which is carried on open air bleaching or Turkey red dyeing; and
(e) A factory or workshop or part thereof in which is carried on glue making; and
(2) Where press of work arises at certain recurring seasons of the year; namely,
(f) Letter-press printing works;
(g) Bookbinding works; and
a factory, workshop, or part thereof in which is carried on the manufacturing process or handicraft of -
(h) Lithographic printing; or
(i) Machine ruling; or
(k) Firewood cutting; or
(l) Bonbon and Christmas present making; or
(m) Almanac making; or
(n) Valentine making; or
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(o) Envelope making; or
(p) Aerated water making; or
(q) Playing card making; and
(3) Where the business is liable to sudden press of orders arising from unforeseen events; namely, a factory or workshop, or part thereof, in which is carried on the manufacturing process or handicraft of -
(r) The making up of any article of wearing appeal; or
(s) The making up of furniture hangings; or
(t) Artificial flower making; or
(u) Fancy box making; or
(v) Biscuit making; or
(w) Job dyeing; and also,
(x) A part of a factory or workshop which is a warehouse not used for any manufacturing process or handicraft, and in which persons are solely employed in polishing, cleaning, wrapping, or packing up goods.
Provided that the said exception shall not apply -
(a) Where persons are employed at home, that is to say, to a private house, room, or place which, though used as a dwelling, is by reason of the work carried on there a factory or workshop within the meaning of this Act, and in which neither steam, water, nor other mechanical power is used, and in which the only persons employed are members of the same family dwelling there; or
(b) To a workshop or part thereof which is conducted on the system of not employing any child or young person therein.
PART FOUR
Section 54
Additional Half Hour
Factories in which a child, young person, or woman may be employed for an additional half hour
The exception with respect to the employment of a child, young person, or woman for a further period of thirty minutes where the process is in an incomplete state applies to the factories following; (that is to say)
(a) Bleaching and dyeing works;
(b) Print works;
(c) Iron mills in which male young persons are not employed during any part of the night;
(d) Foundries in which male young persons are not employed during any part of the night; and
(e) Paper mills in which male young persons are not employed during any part of the night.
PART FIVE
Section 56
Overtime for Perishable Articles
Factories and workshops in which women may be employed for 14 hours a day
The exception with respect to the employment of women for ninety-six days in any twelve months during a period of employment beginning at six or seven o'clock in the morning and ending at eight or nine o'clock in the evening applies to a factory or workshop or part thereof in which any of the following processes is carried on; namely,
The process of making preserves from fruit,
The process of preserving or curing fish, or
The process of making condensed milk.
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PART SIX
Section 58
Night Work
Factories in which male young persons may be employed at night
The exception with respect to the employment of male young persons during the night applies to the factories following; (that is to say,)
(a) Blast furnaces,
(b) Iron mills,
(c) Letter-press printing works, and
(d) Paper mills.
PART SEVEN
Section 48
Spell
Continuous employment of children, young persons, and women for five hours in certain textile factories during the winter months
The exception respecting the continuous employment in certain textile factories during the winter months of children, young persons, and women without an interval of at least half an hour for a meal for the same period as in a non-textile factory, applies to textile factories solely used for -
(a) The making of elastic web; or
(b) The making of ribbon; or,
(c) The making of trimming.
FOURTH SCHEDULE
Sections 93, 96
LIST OF FACTORIES AND WORKSHOPS
PART ONE
Non-Textile Factories
(1) "Print works", that is to say, any premises in which any persons are employed to print figures, patterns, or designs upon any cotton, linen, woollen, worsted, or silken yarn, or upon any woven or felted fabric not being paper;
(2) "Bleaching and dyeing works", that is to say, any premises in which the processes of bleaching, beetling, dyeing, calendering, finishing, hooking, lapping, and making up and packing any yarn or cloth of any material, or the dressing or finishing of lace, or any one or more of such processes, or any process incidental thereto, are or is carried on;
(3) "Earthenware works", that is to say, any place in which persons work for hire in making or assisting in making, finishing, or assisting in finishing, earthenware of any description, except bricks and tiles not being ornamental tiles;
(4) "Lucifer-match works", that is to say, any place in which persons work for hire in making lucifer matches, or in mixing the chemical materials for making them, or in any process incidental to making lucifer matches, except the cutting of the wood;
(5) "Percussion-cap works", that is to say, any place in which persons work for hire in making percussion caps, or in mixing or storing the chemical materials for making them, or in any process incidental to making percussion caps;
(6) "Cartridge works", that is to say, any place in which persons work for hire in making cartridges, or in any process incidental to making cartridges, except the manufacture of the paper or other material that is used in making the cases of the cartridges;
(7) "Paper-staining works", that is to say, any place in which persons work for hire in printing a pattern in colours upon sheets of paper, either by blocks applied by hand, or by rollers worked by steam, water, or other mechanical power;
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(8) "Fustian-cutting works", that is to say, any place in which persons work for hire in fustian cutting;
(9) "Blast furnaces", that is to say, any blast furnace or other furnace or premises in or on which the process of smelting or otherwise obtaining any metal from the ores is carried on;
(10) "Copper mills";
(11) "Iron mills", that is to say, any mill, forge, or other premises in or on which any process is carried on for converting iron into malleable iron, steel, or tin plate, or for otherwise making or converting steel;
(12) "Foundries", that is to say, iron foundries, copper foundries, brass foundries, and other premises or places in which the process of founding or casting any metal is carried on; except any premises or places in which such process is carried on by not more than five persons and as subsidiary to the repair or completion of some other work;
(13) "Metal and india-rubber works", that is to say, any premises in which steam, water, or other mechanical power is used for moving machinery employed in the manufacture of machinery, or in the manufacture or any article of metal not being machinery, or in the manufacture of india-rubber or gutta-perchu, or of articles made wholly or partially of india-rubber or gutta-percha;
(14) "Paper mills", that is to say, any premises in which the manufacture of paper is carried on;
(15) "Glass works", that is to say, any premises in which the manufacture of glass is carried on;
(16) "Tobacco factories", that is to say, any premises in which the manufacture of tobacco is carried on;
(17) "Letter-press printing works", that is to say, any premises in which the process of letter-press printing is carried on;
(18) "Bookbinding works", that is to say, any premises in which the process of bookbinding is carried on;
(19) Flax scutch mills.
PART TWO
Non-Textile Factories and Workshops
(20) "Hat works", that is to say, any premises in which the manufacture of hats or any process incidental to their manufacture is carried on;
(21) "Rope works", that is to say, any premises being a ropery, ropewalk, or rope work, in which is carried on the laying or twisting or other process of preparing or finishing the lines, twines, cords, or ropes, and in which machinery moved by steam, water, or other mechanical power is not used for drawing or spinning the fibres of flax, hemp, jute, or tow, and which has no internal communication with any buildings or premises joining or forming part of a textile factory, except such communication as is necessary for the transmission of power;
(22) "Bakehouses", that is to say, any places in which are baked bread, biscuits, or confectionery from the baking or selling of which a profit is derived;
(23) "Lace warehouses", that is to say, any premises, room, or place not included in bleaching and dyeing works as herein-before defined, in which persons are employed upon any manufacturing process or handicraft in relation to lace, subsequent to the making of lace upon a lace machine moved by steam, water, or other mechanical power;
(24) "Shipbuilding yards", that is to say, any premises in which any ships, boats, or vessels used in navigation are made, finished, or repaired;
(25) "Quarries", that is to say, any place, not being a mine, in which persons work in getting slate, stone, coprolites, or other minerals;
(26) "Pit-banks", that is to say, any place above ground adjacent to a shaft of a mine, in which place the employment of women is not regulated
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by the Coal Mines Regulation Act 1872 (35 & 36 Vict. c. 76), or the Metalliferous Mines Regulation Act 1872 (35 & 36 Vict. c. 77), whether such place does or does not form part of the mine within the meaning of those Acts.
FIFTH SCHEDULE
Section 97
SPECIAL EXEMPTIONS
Straw plaiting. | Pillow-lace making. | Glove making
SIXTH SCHEDULE
Section 107
ACTS REPEALED
Session and Chapter. | Title of Act. | Extent of Repeal. |
42 Geo. 3. c. 73. | An Act for the preservation of the health and morals of apprentices and others employed in cotton and other mills and cotton and other factories. | The whole Act. |
3 & 4 Will. 4. c. 103. | An Act to regulate the labour of children and young persons in the mills and factories of the United Kingdom. | The whole Act. |
7 & 8 Vict, c. 15. | An Act to amend the laws relating to labour in factories. | The whole Act. |
9 & 10 Vict. c. 40. | An Act to declare certain ropeworks not within the operation of the Factory Acts. | The whole Act. |
13 & 14 Vict. c. 54. | An Act to amend the Acts relating to labour in factories. | The whole Act. |
16 & 17 Vict. c. 104. | An Act further to regulate the employment of children in factories. | The whole Act. |
19 & 20 Vict. c. 38. | The Factory Act 1856 | The whole Act. |
24 & 25 Vict. c. 117. | An Act to place the employment of women, young persons, youths, and children in lace factories under the regulations of the Factories Acts. | The whole Act. |
26 & 27 Vict. c. 40. | The Bakehouse Regulation Act 1863. | The whole Act. |
27 & 28 Vict. c. 48. | The Factory Acts Extension Act 1864. | The whole Act. |
29 & 30 Vict. c. 90. | The Sanitary Act 1866 | The following words (so far as unrepealed) in section nineteen, "not already under the operation of any general Act for the regulation of factories or bakehouses." |
30 & 31 Vict. c. 103. | The Factory Acts Extension Act 1867. | The whole Act. |
30 & 31 Vict. c. 146. | The Workshop Regulation Act 1867. | The whole Act. |
33 & 34 Vict. c. 62. | The Factory and Workshop Act 1870. | The whole Act. |
34 & 35 Vict. c. 19. | An Act for exempting persons professing the Jewish religion from penalties in respect of young persons and females professing the said religion working on Sundays. | The whole Act. |
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Session and Chapter. | Title of Act. | Extent of Repeal. |
34 & 35 Vict. c. 104. | The Factory and Workshop Act 1871. | The whole Act. |
37 & 38 Vict. c. 44. | The Factory Act 1874. | The whole Act. |
38 & 39 Vict. c. 55. | The Public Health Act 1875. | The following words in section four, "more than twenty," and the words "at one time," and the following words in section ninety-one, "not already under the operation of any general Act for the regulation of factories or bakehouses." |
39 & 40 Vict. c. 79. | The Elementary Education Act 1876. | Section eight and the following words in section forty-eight, "the Factory Acts 1833 to 1874, as amended by this Act, and includes the Workshop Acts 1867 to 1871, as amended by this Act, and". |