Baking Industry (Hours of Work) Act 1938
| Jurisdiction | UK Non-devolved |
| Citation | 1938 c. 41 |
| Year | 1938 |
Baking Industry (Hours of Work) Act, 1938
(1 & 2 Geo. 6.) 41.
An Act to restrict night work in the baking industry, and for purposes connected therewith.
[13th July 1938]
B E 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:—
1 Restriction of night work in the manufacture of bread and flour confectionery.
(1) Subject to the provisions of this Act, no person shall be employed in any factory in the manufacture of bread or flour confectionery or in any other work work incidental thereto between the hours of eleven o'clock in the evening and five o'clock in the morning.
(2) The Secretary of State may, on the application of any trade board or association of employers or workers which appears to him to be concerned, make regulations restricting the extent to which persons who, otherwise than in pursuance of a contract of service, engage by way of trade or for purposes of gain in the manufacture of bread or flour confectionery or in any other work incidental thereto, may be so engaged between the hours of eleven o'clock in the evening and five o'clock in the morning.
2 First special exception.
(1) The occupier of a factory may secure in accordance with the provisions of this Act that the special exception for which this section provides shall apply in respect of that factory, and, whilst that special exception so applies, no other special exception for which this Act provides shall apply in respect of that factory.
(2) Whilst the said special exception applies in respect of a factory, section one of this Act shall not operate so as to prohibit the employment of a person in that factory between the hours of eleven o'clock in the evening and five o'clock in the morning on any night unless he was employed in that factory between the said hours in the manufacture of bread or flour confectionery or in any other work incidental thereto on five previous nights in the same week.
3 Second special exception.
(1) The occupier of a factory may secure in accordance with the provisions of this Act that the special exception for which this section provides shall apply in respect of that factory, and, whilst that special exception so applies, no other special exception for which this Act provides shall apply in respect of that factory.
(2) Whilst the said special exception applies in respect of a factory, section one of this Act shall not operate so as to prohibit the employment of persons in that factory between the hours of eleven o'clock in the evening on Fridays and five o'clock in the morning on Saturdays, or between the hours of four o'clock and five o'clock in the morning on any day of the week.
4 Third special exception.
(1) The occupier of a factory may secure in accordance with the provisions of this Act that the special exception for which this section provides shall apply in respect of that factory, and, whilst that special exception so applies, no other special exception for which this Act provides shall apply in respect of that factory.
(2) Whilst the said special exception applies in respect of a factory, section one of this Act shall not operate so as to restrict the employment of a person in that factory in any week unless he was employed in that factory in the manufacture of bread or flour confectionery or in any other work incidental thereto between the hours of eleven o'clock in the evening and five o'clock in the morning in more than one-half of the weeks in the period of five weeks immediately preceding the said week.
(3) The Secretary of State may by order direct that as respects any factory specified in the order the provisions of the foregoing subsection shall have effect as if for the reference to five weeks there were substituted a reference to such alternative number of weeks as may be specified in the order.
5 Requirements relating to special exceptions.
(1) If the occupier of a factory gives notice in such manner as the Secretary of State may by order prescribe to the inspector for the district in which the factory is situate and to persons employed in the factory of his intention to avail himself in respect of that factory, as from a date specified in the notice, not being earlier than seven days from the date upon which the notice is given, of one of the special exceptions for which this Act provides, that special exception shall apply in respect of that factory as from the date so specified.
(2) If the occupier of a factory in respect of which such a special exception applies gives notice, in such manner as the Secretary of State may by order prescribe, to the inspector for the district in which the factory is situate and to persons employed in the factory that he desires that the special exception shall cease to apply in respect of that factory as from a date specified in the notice, not being earlier than seven days from the date on which the notice is given, that special exception shall cease to apply in respect of that factory as from the date so specified.
(3) A special exception shall continue to apply in respect of a factory until either—
(a ) it ceases by virtue of the provisions of the foregoing subsection to apply in respect of that factory, or
(b ) a notice applying a different special exception in respect of that factory takes effect in accordance with the provisions of subsection (1) of this section.
(4) Whilst a special exception applies in respect of a factory, the occupier shall keep such records and keep posted in the factory such notices relating to work in the factory as the Secretary of State may by order prescribe, and if the occupier fails to keep the said records or to...
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