PART XI.

Offences, Penalties and Legal Proceedings.

100. —(1) In the event of a contravention in or in connection with or in relation to a factory of any provision of this Act or any regulation or order made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject as hereinafter in this Act provided, be guilty of an offence under this section.

(2) In the event of a contravention by an employed person of section 125 of this Act or of a contravention by any person of any regulation or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence under this section and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said section 125, or the contravention of the said regulation or order, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention, but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the said section 125 or the said regulation or order.

(3) If the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the relevant provision of this Act or a regulation or order thereunder.

(4) If any persons are employed in a factory otherwise than in accordance with this Act or any regulation or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.

(5) Where an offence under this Act committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

101. —Subject as hereinafter in this Act provided, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, if the contravention in respect of which he was so convicted is continued after the conviction, he shall (subject to section 102 of this Act) be guilty of a further offence and liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the contravention was so continued.

102. —Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the non-compliance continues.

103. —(1) If any person is killed, dies or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act or any regulation or order made thereunder, the occupier or owner shall, without prejudice to any other offence, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds, but—

(a) the occupier or owner shall not be guilty of an offence under this section if a prosecution against him under this Act, in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred,

(b) in the case of injury to health, the occupier or owner shall not be guilty of an offence under this section unless the injury was caused directly by the contravention.

(2) The whole or any part of a fine in respect of an offence under this section may be applied as the court determines and, in particular, the court may determine that the whole or any part of the fine shall be applied, in the case of a death, for the benefit of the family of the deceased or, in the case of an injury, for the benefit of the injured person or his family, but no such application shall operate to prevent the maintenance of any civil proceedings in relation to the death or injury.

104. —If a young person is employed in a factory in contravention of any provision of this Act, the parent of the young person shall, unless he shows that the contravention occurred without his consent, connivance or wilful default, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

105. —If any person—

(a) forges or counterfeits any certificate required by, under or for the purposes of this Act or any order or regulation made thereunder,

(b) gives or signs any such certificate knowing it to be false in any material particular,

(c) knowingly utters or makes use of any such certificate so forged, counterfeited or false as aforesaid,

(d) knowingly utters or makes use of as applying to any person any such certificate which does not so apply,

(e) personates any person named in any such certificate,

(f) falsely pretends to be an inspector,

(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending as aforesaid,

(h) wilfully makes a false entry in any register, notice, certificate or document required by, under or for the purposes of this Act or any order or regulation made thereunder to be kept or served or sent,

(i) wilfully makes or signs a false declaration required by, under or for the purpose of this Act or any order or regulation made thereunder,

(j) knowingly makes use of any such false entry or declaration as aforesaid,

he shall, without prejudice to any other offence, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding forty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

106. —Where an act or default for which an occupier or owner is liable under this Act is in fact the act or default of some agent, servant, worker or other person, that agent, servant, worker or other person shall be guilty of an offence under this section and shall be liable on summary conviction to the like fine as if he were the occupier or owner, as the case may be.

107. —(1) Where the occupier or owner of a factory is charged with an offence under this Act, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge.

(2) The persons whom the occupier or owner of a factory is entitled under subsection (1) of this section to have brought before the court as the actual offender include any person whatsoever whom he charges as the actual offender, whether or not that person is his agent or servant.

(3) If, in a case to which subsection (1) of this section applies, the commission of the offence is proved and the owner or occupier proves to the satisfaction of the court—

(a) that he has used all diligence to enforce the execution of the relevant provision of this Act or a regulation or order made thereunder, and

(b) that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default,

that other person shall be summarily convicted of the offence, and the occupier or owner shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.

(4) The prosecution shall, in any case to which subsection (1) of this section applies, have the right to cross-examine the occupier or owner if he gives evidence and any witnesses called by him in support of his charge, and to adduce rebutting evidence.

(5) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence under this Act—

(a) that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of the relevant provision of this Act or a regulation or order made thereunder,

(b) by what person the offence has been committed, and

(c) that it has been committed without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders,

proceedings shall be taken against the person whom the inspector believes to be the actual offender without first proceeding against the occupier or owner.

108. —Where, under this Act, any person is substituted for the occupier or owner with respect to any provisions of this Act, any order, summons, notice or proceeding, which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to the occupier or owner, is hereby required or authorised (as the case may be) to be served on or taken in relation to that person.

109. —Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, the owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory.

110. —(1) Any offence under this Act may be prosecuted by the Minister.

(2) Where an offence under this Act consists of a contravention of a provision which is to be enforced by a sanitary authority, the offence may be prosecuted by the sanitary authority.

(3) It shall be sufficient in a summons in respect of an offence under this Act to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory or, where the occupier is a firm, the name of the firm.

(4) Where, with respect to or in consequence of any accident in a factory, a report is made by the tribunal or court appointed to hold a formal investigation under this Act or under the Boiler Explosions Acts, 1882 and 1890, or a coroner's inquest is held, and it appears from the report, or from the proceedings at the inquest, that any of the provisions of this Act or any regulation or order made thereunder was not complied with at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(5) Where any offence is committed under this Act by reason of a failure to make an examination, enter a report or do any other thing, at or within a time specified by this Act or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, the report entered or the other thing done, as the case may be.

111. —Any person aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to the judge of the Circuit Court within whose circuit is situate the courthouse in which the decision of the District Court was given, and the decision of the judge of the Circuit Court on any such appeal shall be final and conclusive and not appealable.

112. —(1) If a person is found in a factory (not being a factory in which the only persons employed are members of the same family dwelling there) at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory.

(2) Where, in any proceedings under this Act with respect to a person alleged to be a young person, the court considers that such person is apparently less than eighteen and more than fourteen years of age, it shall lie on the defendant to prove that such person is not a young person.

(3) Where any entry is required by this Act or any regulation or order made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or any regulation or order made thereunder has not been made, shall be admissible as evidence that the provision has not been observed.

113. —(1) Any document (including any summons or order) required or authorised to be served or sent under this Act on or to any person may be served or sent—

(a) by delivering it to such person or, in the case of a partnership, to any of the partners, or by leaving it at, or posting it to, the residence of such person,

(b) in the case of the owner or occupier of a factory, in any such manner as aforesaid or by delivering it, or a true copy thereof, to any person apparently not under the age of sixteen years at the factory.

(2) Any document referred to in subsection (1) of this section may be addressed, for the purpose of the service or sending thereof under this Act on or to the occupier of a factory, to “the occupier” at the proper postal address of the factory, without further name or description.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to reside at its registered office, and every other body corporate and every unincorporated body shall be deemed to reside at its principal office or place of business in the State.

114. —(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

(2) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations appoint fees for the purposes of this section.

115. —If, by reason of an agreement between the owner and the occupier of premises the whole or any part of which has been let as a factory, the said owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with any provisions of this Act or any regulation or order made thereunder or in order to conform with any standard or requirement imposed by or under this Act, he may apply to the Circuit Court for an order under this section and the Court, after hearing the parties and any witnesses whom they desire to call, may make such an order setting aside or modifying the terms of the agreement as the Court considers just and equitable in the circumstances of the case.

116. —Where, in any premises the whole or any part of which has been let as a factory, any structural or other alterations are required in order to comply with any provision of this Act or any regulation or order made thereunder or in order to conform with any standard or requirement imposed by or under this Act and the owner or occupier (as the case may be) alleges that the whole or any part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to the Circuit Court for an order under this section and the Court, after hearing the parties and any witnesses whom they desire to call, may make such an order concerning the expenses or their apportionment as the Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the Court may at the request of the owner or occupier determine the lease.