Workshop Regulation Act 1867
| Jurisdiction | UK Non-devolved |
Workshop Regulation Act, 1867
(30 & 31 Vict.) C A P. CXLVI.
An Act for regulating the Hours of Labour for Children, Young Persons, and Women employed in Workshops; and for other Purposes relating thereto.
[21st August 1867]
Whereas by The Factory Acts Extension Act, 1867, Provision is made, amongst other things, for regulating the Hours during which Children, Young Persons, and Women are permitted to labour in any manufacturing Process conducted in an Establishment where Fifty or more Persons are employed:
And whereas it is expedient to extend Protection so far as respects the Regulation of the Hours of Labour to Children, Young Persons, and Women working in smaller Establishments, and further to make Provision respecting the Employment of a Fan or other mechanical Means for the Prevention of the Inhalation of Dust by Workmen in Processes of Grinding:
Be it therefore enacted by the Queen'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 Short Title.
1. This Act may be cited for all Purposes as ‘TheWorkshop Regulation Act, 1867.’
2 Extent of Act.
2. This Act shall apply to the whole of the United Kingdom.
3 Commencement of Act.
3. This Act shall come into operation on the First ofJanuary One thousand eight hundred and sixty-eight.
4 General Definitions.
4. The following Words and Expressions shall in this Act have the Meanings hereby assigned to them, unless there is something in the Context inconsistent with such, Meanings; that is to say,
‘Child’ shall mean a Child under the Age of Thirteen Years:
‘Young Person’ shall mean a Person of the Age of Thirteen Years and under the Age of Eighteen Years:
‘Woman’ shall mean a Female of the Age of Eighteen Years or upwards:
‘Parent’ shall mean Parent, Guardian, or Person having the Custody of or Control over any such Child or Young Person:
‘Employed’ shall mean occupied in any Handicraft, whether for Wages or not, under a Master or under a Parent as herein defined:
‘Handicraft’ shall mean any Manual Labour exercised by way of Trade or for Purposes of Gain in or incidental to the making any Article or Part of an Article, or in or incidental to the altering, repairing, ornamenting, finishing, or otherwise adapting for Sale any Article:
‘Workshop’ shall mean any Room or Place whatever, whether in the open Air or under Cover, in which any Handicraft is carried on by any Child, Young Person, or Woman, and to which and over which the Person by whom such Child, Young Person, or Woman is employed has the Right of Access and Control:
‘The Court’ shall include any Justice or Justices, Sheriff or Sheriff Substitute, Magistrate or Magistrates, to whom Jurisdiction is given by this Act.
5 Application of Act.
5. This Act shall not apply,
(1) (1.) To any Factory or Part of a Factory, or other Place subject to the Jurisdiction of the Inspectors of Factories, in pursuance of any Act of Parliament already passed or which shall be passed during this present Session of Parliament:
(2) (2.) To any Bakehouse as defined by ‘The Bakehouse Regulation Act, 1863.’
6 Regulations as to Time of Labour.
6. Subject to the Exceptions mentioned in the First Schedule annexed hereto, the following Regulations shall be observed with respect to the Employment of Children, Young Persons, and Women in Workshops:
(1) (1.) No Child under the Age of Eight Years shall be employed in any Handicraft:
(2) (2.) No Child shall be employed on any One Day in any Handicraft for a Period of more than Six and a Half Hours, and such Employment shall take place between the Hours of Six in the Morning and Eight at Night:
(3) (3.) No Young Person or Woman shall be employed in any Handicraft during any Period of Twenty-four Hours for more than Twelve Hours, with intervening Periods for taking Meals and Rest amounting in the whole to not less than One Hour and a Half, and such Employment shall take place only between the Hours of Five in the Morning and Nine at Night:
(4) (4.) No Child, Young Person, or Woman shall be employed in any Handicraft on Sunday , or after Two o'Clock on Saturday Afternoon, except in Cases where not more than Five Persons are employed in the same Establishment, and where such Employment consists in making Articles to be sold by Retail on the Premises, or in repairing Articles of a like Nature to those sold by Retail on the Premises:
(5) (5.) No Child under the Age of Eleven Years shall be employed in grinding in the Metal Trades or in Fustian Cutting.
7 Penalty for Employment of Children, Young Persons, and Women contrary to the Provisions of the Act.
7. If any Child, Young Person, or Woman is employed in contravention of this Act the following Consequences shall ensue:
First, the Occupier of the Workshop in which such Child, Young Person, or Woman is employed shall be liable to a Penalty of not more than Three Pounds:
Second, the Parent of or the Person deriving any direct Benefit from the Labour of or having the Control over the Child, Young Person, or Woman shall be liable to a Penalty of not more than Twenty Shillings, unless it appears to the Court before whom the Complaint is heard that the Offence has been committed without the Consent, Connivance, or wilful Default of the Parent or Person so benefited, or having such Control.
8 Provision with respect to Use of Fan in grinding.
8. In every Workshop where grinding, glazing, or polishing on a Wheel, or any other Process is carried on by which Dust is generated and inhaled by the Workmen to an injurious Extent, if it appears to the Local Authority or to any Inspector of Factories that such Inhalation could be to a great Extent prevented by the Use of a Fan or other mechanical Means, it shall be lawful for the Local Authority or for the Inspector of Factories, by Notice served on the Occupier of the Workshop in the Manner in which Notices given by such Local Authority or by the Inspector of Factories are usually served, to require a Fan or such mechanical Means as may from Time to Time be approved by One of Her Majesty's Principal Secretaries of State, under the Provisions of the Factory Acts, to be provided by the Occupier of the Workshop within a reasonable Time.
If the Occupier of any Workshop fails to provide a Fan or other mechanical Means in compliance with a Notice served on him in manner aforesaid he shall be deemed to be guilty of an Offence against this Act, and to be subject in respect of such Offence to a Penalty not exceeding, Ten Pounds nor less than Three Pounds.
The Court having Jurisdiction to inflict any Penalty under this Act may, in addition to or instead of inflicting such Penalty in respect of an Offence under this Section, make an Order directing that within a certain Time to be named in such Order he do provide such Fan or other mechanical Means: The Court may upon Application enlarge any Time appointed for the Adoption of the Means directed by the Order, but any Non-compliance with the Order of the Court shall, after the Expiration of the Time as originally limited or enlarged by subsequent Order, be deemed to be a continuing Offence, and to be punishable by a Penalty not exceeding One Pound for every Day that such Non-compliance continues.
9 Power to Officers appointed by Local Authority, &c. to enter Workshops.
9. If, on the Complaint of any Officer of Health, Inspector of Nuisances, or other Officer appointed by a Local Authority, or of any Superintendent of Police, it appears to any Justice of the Peace that there is reasonable Cause for believing that any of the Provisions of this Act or of the Sanitary Act, 1866, ire contravened in any Workshop, it shall be lawful for such Justice, by Order under his Hand, to empower the Complainant to enter into such Workshop at any Time within Forty-eight Hours from the Date of such Order, and to examine such Workshop; and any Person so empowered may examine, touching any Matter within the Provisions of this Act or of the Sanitary Act, 1866, so far as relates to such Workshop, any Person whom he finds in such Workshop.
Any Person refusing Admission to any Person so empowered, or obstructing him in the Discharge of his Duty, shall for each Offence incur a Penalty not exceeding Twenty Pounds.
10 Power to Inspector or Sub-Inspector of Factories to enter Workshops and inspect Condition thereof.
10. Any Inspector or Sub-Inspector of Factories may, when any Person is at work at any Handicraft, enter any Workshop and inspect the Condition thereof, and examine, touching any Matter within the Provisions of this Act or of the Sanitary Act, 1866 so far as relates to such Workshop, the Persons therein, provided that he report to One of Her Majesty's Principal Secretaries of State the Fact of such Entry, and the Condition of the Workshop, in his next half-yearly Report.
Any Person obstructing any Inspector or Sub-Inspector in making such Entry as aforesaid, or in his Inspection of a Workshop, shall for each Offence be liable to a Penalty not exceeding Twenty Pounds.
11 Liability of Hirer of Machine instead of Occupier.
11. Where in any Workshop the Owner or Hirer of any 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 Workshop, and such Children...
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