ing that the work carried on therein is not carried on by way of trade or for the purposes of gain, or that the persons working therein are not working under a contract of service or apprenticeship.

(2) If in any institution to which this section applies the persons having the control of the institution (hereinafter referred to as the managers) satisfy the Secretary of State that the only persons working therein are persons who are inmates of and supported by the institution, or persons engaged in the supervision of the work or the management of machinery, and that such work as aforesaid is carried on in good faith for the purposes of the support, education, training, or reformation of persons engaged in it, the Secretary of State may by Order direct that so long as the Order is in force the principal Act shall apply to the institution subject to the following modifications:

(a) The managers may submit for the approval of the Secretary of State a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the workers, and of the education of children, and, if the Secretary of State is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of the principal Act, the Secretary of State may approve the scheme, and upon the scheme being so approved the principal Act shall, until the approval is revoked, apply as if the provisions of the scheme were substituted for the corresponding provisions of the principal Act; any scheme when so approved shall be laid as soon as possible before both Houses of Parliament, and if either House, within the next forty days after such scheme has been laid before that House, resolve that the scheme ought to be annulled, the scheme shall, after the date of the resolution, be of no effect without prejudice to the validity of anything done in the meantime thereunder, or to the making of any new scheme.

(b) The medical officer of the institution (if any) may, on the application of the managers, be appointed by the Chief Inspector of Factories to be the certifying surgeon for the institution.

(c) The provisions of Section 128 of the principal Act as

to the affixing of an abstract of the principal Act and of notices shall not apply, but amongst the particulars required to be shown in the general register there shall be included the prescribed particulars of the scheme, or where no scheme is in force the prescribed particulars as to hours of employment, intervals for meals, and holidays, and education of children, and other matters dealt with in the principal Act.

(d) In the case of premises forming part of an institution carried on for reformatory purposes, if the managers of the institution so give notice to the Chief Inspector of Factories, an inspector shall not, without the consent of the managers or of the person having charge of the institution under the managers, examine an inmate of the institution save in the presence of one of the managers or of such person as aforesaid.

Provided that the Secretary of State, on being satisfied that there is reason to believe that a contravention of the principal Act is taking place in any such institution, may suspend the operation of this provision as respects that institution to such extent as he may consider necessary.

(e) The managers shall not later than the fifteenth day of January in each year send to the Secretary of State a correct return in the prescribed form, specifying the names of the managers and the name of the person (if any) having charge of the institution under the managers, and such particulars as to the number, age, sex, and employment of the inmates and other persons employed in the work carried on in the institution as the Secretary of State may require, and shall, if any requirement of this paragraph is not complied with, be liable to a fine not exceeding five pounds.

Under the Act of 1907, Section 6, where in any premises which are subject to inspection by or under the authority of any Government department any manual labour is exercised, otherwise than for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of any article, and the premises do not constitute a factory or workshop by reason that the work carried on therein is not carried on by way of trade or for the purposes of gain, or by reason that the

persons employed in the work are not working under a contract of service or apprenticeship, the Secretary of State may arrange with the department that the premises shall, as respects the matters dealt with by the principal Act, be inspected by an inspector appointed under that Act, and where such an arrangement is made, inspectors appointed under the principal Act shall have, as respects such matters as aforesaid, the like right of entry and inspection as is conferred on inspectors of the department concerned.

Docks

Under Section 104 of the Act of 1901, (1) the provisions of the Act with respect to

(i.) Power to make orders as to dangerous machines (Section 17);

(ii.) Accidents;

(iii.) Regulations for dangerous trades;

(iv.) Powers of inspectors (Section 119); and

(v.) Fines in case of death or injury (Section 136); shall have effect as if every dock, wharf, quay, and warehouse, and all machinery or plant used in the process of loading or unloading or coaling any ship in any dock, harbour, or canal were included in the word "factory," and the purpose for which the machinery or plant is used were a manufacturing process; and as if the person who, by himself, his agents, or workmen uses any such machinery or plant for the before-mentioned purpose were the occupier of the premises; and for the purpose of the enforcement of those provisions the person having the actual use or occupation of a dock, wharf, quay, or warehouse, or of any premises within the same or forming part thereof, and the person so using any such machinery or plant shall be deemed to be the occupier of a factory.

(2) For the purposes of this section the expression plant" includes any gangway or ladder used by any person employed to load or unload or coal a ship, and the expressions "ship" and "harbour" have the same meaning as in the Merchant Shipping Act, 1894.

BUILDINGS

Under Section 105, (1) the provisions of the Act with respect to

(i.) Power to make orders as to dangerous machines (Section 17);

(ii.) Accidents;

(iii.) Regulations for dangerous trades;

(iv.) Powers of inspectors (Section 119); and

(v.) Fines in case of death or injury (Section 136); shall have effect as if any premises on which machinery worked by steam, water, or other mechanical power is temporarily used for the purpose of the construction of a building or any structural work in connexion with a building were included in the word " factory" and the purpose for which the machinery is used were a manufacturing process, and as if the person who, by himself, his agents, or workmen, temporarily uses any such machinery for the before-mentioned purpose were the occupier of the said premises; and for the purpose of the enforcement of those provisions the person so using any such machinery shall be deemed to be the occupier of a factory.

(2) The provisions of this Act with respect to notice of accidents, and the formal investigation of accidents, shall have effect as if

(a) Any building which exceeds thirty feet in height, and which is being constructed or repaired by means of a scaffolding, and

(b) Any building which exceeds thirty feet in height, and in which more than twenty persons, not being domestic servants, are employed for wages,

were included in the word "factory," and as if, in the first case, the employer of the persons engaged in the construction or repair, and, in the second case, the occupier of the building, were the occupier of a factory.

RAILWAYS

Under Section 106, (1) where any line or siding not being part of a railway within the meaning of the Railway

Employment (Prevention of Accidents) Act, 1900, is used in connexion with a factory or workshop, or with any place to which any of the provisions of this Act are applied, the provisions of this Act with respect to

(i.) Power to make orders as to dangerous machines (Section 17);

(ii.) Accidents;

(iii.) Regulations for dangerous trades;

(iv.) Powers of inspectors (Section 119); and

(v.) Fines in case of death or injury (Section 136); shall have effect as if the line or siding were part of the factory or workshop.

(2) If any such line or siding is used in connexion with more than one factory or workshop belonging to different occupiers, the foregoing provisions shall have effect as if the line or siding were a separate factory.

THE NOTICE OF ACCIDENTS ACT, 1894

The very limited operation of this Act has been explained and defined at p. 197 above. Under Section I and an amending section of the Notices of Accidents Act, 1906, where there occurs in any employment to which the section applies any accident which causes to any person employed therein either loss of life or such bodily injury as to cause him to be absent throughout at least one whole day from his ordinary work, his employer must, as soon as possible, and in case of an accident not resulting in death, not later than six days after the occurrence of the accident, send to the Board of Trade notice in writing of the accident, specifying the time and place of its occurrence, its probable cause, the name and residence of any person killed or injured, the work on which any such person was employed at the time of the accident, and in the case of an injury, the nature of the injury.

The penalty for wilful default in complying with these requirements is a fine not exceeding forty shillings.

Under Section 3 the Board of Trade has power to direct the holding of a formal investigation of the accident, and