219 THE WORKSHOP REGULATION ACT, 1867. c. 146. An Act for regulating the Hours of Labour 30 & 31 VICT. for Children, Young Persons, and Women, employed in Workshops; and for other purposes relating thereto (a). [21st August, 1867.] WHEREAS by the Factory Acts Extension Act, (a) This, which is the principal statute of those regulating labour in "workshops" (the others being 33 & 34 Vict. c. 62, 34 Vict. c. 19, and 34 & 35 Vict. c. 104; post), is independent of the Factory Acts, neither incorporating their provisions, nor applying them to workshops. It consists of a series of enactments (with a few "excep tions" contained in the 1st schedule), which the legislature has thought fit to make with reference to the employment of children, young persons, and women in places not within the scope of those Acts; and these enactments correspond to the provisions found in those Acts relating to the age of children employed, the hours of labour, meals, Sunday employment, employment on Saturday afternoon, the use of the fan in grinding, and the school attendance of children. Infra, ss. 6, 8, 14. The provisions of the Factory Acts that do not find place in the Workshop Acts are those which relate to surgical certificates, holidays, the fencing, &c., of machinery, the recovery of lost time, limewashing, notice of accidents, the keeping of registers, and the fixing up of abstracts and notices. See the preamble, supra. For the definition of "workshop," see s. 4, infra. The Workshop Acts do not apply to any place which falls within the definition of "factory," as given by the Factory Acts. Sect. 5, infra; 30 & 31 Vict. c. 103, s. 3, sub-s. 7; ante. See s. 19, infra, as to pleading c. 146. 30 & 31 VICT. 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 (b): 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: that the workshop is a "factory" in proceedings taken before justices for an offence against the Workshop Acts. It was made the duty of the local authority to enforce the provisions of this Act, although power was given to any inspector or subinspector of factories to enter any workshop and inspect the condition thereof, and examine the persons therein. Sects. 9, 10, 18; infra. But this duty is now taken away from the local authority, and vested entirely in the inspectors and sub-inspectors of factories. 34 & 35 Vict. c. 104, s. 3; post. Who are required to make the like reports with respect to Workshops as are made by them with respect to factories, but not any further or other reports. Id. As to these reports see 3 & 4 Will. 4, c. 103, s. 45; ante, p. 41. This Act, and the Factory and Workshop Act, 1870 (33 & 34 Vict. c. 62), the Factory and Workshop (Jews) Act, 1871 (34 Vict. c. 19), and the Factory and Workshop Act, 1871 (34 & 35 Vict. c. 104), so far as they relate to workshops are to be construed together as one Act, and may be cited as the Workshop Acts, 1867 to 1871. 34 & 35 Vict. c. 104, s. 2; post. And they are also to be construed as if there were contained in the schedule of this Act the permanent modifications contained in the first schedule to the last-mentioned Act. Id. s. 6. And see 33 & 34 Vict. c. 62, s. 6; post. (b) 30 & 31 Vict. c. 103, s. 3, sub-s. 7; ante. c. 146. Be it therefore enacted by the Queen's most 30 & 31 Vier. 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: I. This Act may be cited for all purposes as short title. "The Workshop Regulation Act, 1867." II. This Act shall apply to the whole of the Extent of United Kingdom (c). Act. III. This Act shall come into operation on the commence1st of January, 1868. ment of Act. definitions. IV. The following words and expressions shall General in this Act have the meanings hereby assigned to them, unless there is something in the context inconsistent with such meanings (d), that is to say, 66 'Child," shall mean a child under the age of "Parent," shall mean parent, guardian, or per- "Employed," shall mean occupied in any (c) As to the territorial application of the Factory and Workshop Acts, see INTRODUCTION. (d) Compare the definitions here given to the terms "child," "young person," "parent," and "employed," with those given by the Factory Acts. 7 & 8 Vict. c. 15, s. 73, and n. (t) there. (e) See Beadon v. Parrott, cited in n. (p) to s. 6, infra. 30 & 31 VICT. “ C. 146. 8. 4. 66 Handicraft," (f) shall mean any manual labour exercised by way of trade or for purposes of gain in or incidental to the making any article (g) or part of an article, or in or incidental to the altering, repairing, ornamenting, finishing, or otherwise adapting for sale any article: or Workshop," (f) shall mean any room 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 (h). (f) The extent of the operation of the Workshop Acts is in effect prescribed by these definitions of the terms "handicraft" and "workshop." The process of gutting, salting, and packing fish immediately upon its arrival in the fishing boats has been exempted from the provisions of the Workshop Acts. 34 & 35 Vict. 104 (the Factory and Workshop Act, 1871), s. 4; post. Ropeworks are not in any way exempted from these Acts, as they were from the Factory Act, 1844. See n. (v) to 30 & 31 Vict, c. 103, s. 5; ante. As to establishments belonging to the Crown, see 34 & 35 Vict. c. 104, s. 10; post. The Workshop Acts do not apply to "factories" subject to the Factory Acts; nor to "bakehouses" under 26 & 27 Vict. c. 40. Infra, s. 5. (g) As to the meaning of the expression "article," see n. (q) to 30 & 31 Vict. c. 103, s. 3 ; Palmer's Ship Building Company v. Chaytor, L. R. 4 Q. B. 209; 10 B. & S. 177; 38 L. J. M. C. 63; 19 L. T. N. S. 638; 17 W. R. 401. (h) This definition assigns to the term "workshop" a more liberal and extensive meaning than that which belongs, under the Factory Acts, to the term "factory." See Kent v. Astley, cited ante, in n. (k) to 30 & 31 Vict. c. 103, s. 3. As to pleading in proceedings taken for an offence against this Act, that the workshop is a factory, see s. 19, infra, c. 146. "The Court," (i) shall include any justice or 30 & 31 VICT. justices, sheriff or sheriff substitute, magistrate or magistrates, to whom jurisdiction is given by this Act. V. This Act shall not apply, (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 (k): (2.) To any bakehouse as defined by "The Bakehouse Regulation Act, 1863 " (1). Application of Act as to time VI. Subject to the exceptions mentioned in Regulations the first schedule (m) annexed hereto, the follow- of labour. ing regulations shall be observed with respect to the employment of children, young persons, and women in workshops (n): (1.) No child under the age of eight years shall be employed in any handicraft (o): (i) See 34 & 35 Vict, c. 104, s. 9, as to proceedings in Scotland; post. (k) As to these factories and places, see INTRODUCTION. But where any proceedings are taken against any person in respect of any offence under the Workshop Acts committed in or relating to a workshop, it is not competent for the defendant to prove that such workshop is a "factory" within the meaning of any Act for regulating factories, unless he has previously given notice of its being a factory to the inspector in manner required by any Act of Parliament in that behalf. Sect. 19, infra; and n. (h) there. (1) 26 & 27 Vict. c. 40; see n. (y) to 30 & 31 Vict. c. 103, s. 5, (m) See this schedule, infra. (n) See s. 4, supra, for the definitions of these terms. (0) The same limit is put upon the age of children employed under the Factory Acts. 7 & 8 Vict. c. 15, s. 29, ante. In the manufacture of bricks and tiles, not being ornamental tiles, no female under sixteen, and no child under ten years of age, can be employed. 34 & 35 |