PART VI.

Offences, Penalties and Legal Proceedings.

31. —(1) In the event of a contravention in or in connection with or in relation to an office of any provision of this Act or any regulation 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 office shall, subject as hereinafter in this Act provided, be guilty of an offence.

(2) In the event of a contravention by an employed person of section 46 or of a contravention by any person of any regulation made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of that section, or the contravention of the regulation, 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 that section or regulation.

(3) If the occupier of an office 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 thereunder.

(4) 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.

32. —Subject as hereinafter in this Act provided, any person guilty of an offence under 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 33) 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.

33. —Where the occupier or owner of an office 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 and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the non-compliance continues.

34. —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 document required in pursuance of regulations under this Act to be kept or served or sent,

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

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

he shall be guilty of an offence.

35. —Where there are a number of offices in the same building or where part only of a building is used as an office, the owner of the building shall be responsible under this Act for the following matters:

(a) construction, maintenance, lighting and cleanliness of sanitary conveniences, floors, steps, stairs, lifts, passages, gangways and other parts of the building of which a particular occupier has not the sole right of use and occupation,

(b) provisions as to means of escape and safety precautions in case of fire so far as those provisions relate to matters within the owner's control.

36. —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 and shall be liable on summary conviction to the like fine as if he were the occupier or owner, as the case may be.

37. —Where the occupier or owner of an office is charged with an offence under this Act it shall be a good defence for him to prove that he used all diligence to enforce the execution of the relevant provision of this Act or regulation or order made thereunder.

38. —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 proceedings, 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.

39. —(1) Any offence under this Act may be prosecuted by the enforcing authority.

(2) An offence under this Act alleged to have been committed by the owner or occupier of an office may be prosecuted by a person employed in that office or by an official of a trade union of which that person is a member.

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

(4) 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 prescribed time, 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.

40. —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.

41. —If a person is found in an office (not being an office in which the only persons employed are members of the same family dwelling there) at any time at which work is going on, 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 employed in the office.

42. —(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 sending it by registered post to the residence of such person;

(b) in the case of the owner or occupier of an office, 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 office.

(2) Any document referred to in subsection (1) may be addressed, for the purpose of the service or sending thereof under this Act on or to the occupier of an office, to “the occupier” at the proper postal address of the office, 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.

43. —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 an office, the 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.

44. —Where, in any premises the whole or any part of which has been let as an office, 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 on such terms, having regard to the provisions of such lease, as the Court considers just and equitable.