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TH DECEMBER 1945] 4 P ART I - SECT 16

Criminal liability of agent and superior employer, and special defence open to employer.

16.(1) Where the immediate employer of any worker is himself in the employment
of some other person and that worker is employed on the premises of that other
person, that other person shall for the purposes of this Part of this Act be
deemed to be the employer of that worker jointly with the immediate employer.

(2) Where an employer is charged with an offence under this Part of 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 to whose act or default he alleges that the offence in
question was due brought before the court at the time appointed for the
hearing of the charge; and if, after the commission of the offence has been
proved, the employer proves that the offence was due to the act or the default
of that other person, that other person may be convicted of the offence, and,
if the employer further proves that he has used all due diligence to secure
that this Part of this Act and any relevant regulation or order made
thereunder are complied with, he shall be acquitted of the offence.

(3) Where a defendant seeks to avail himself of the provisions of the last
preceding sub-section:

(a)the prosecution, as well as the person whom the defendant charges with the
offence, shall have the right to cross-examine him if he gives evidence and
any witnesses called by him in support of his pleas and to call rebutting
evidence;

(b)the court may make such order as it thinks fit for the payment of costs by
any party to the proceedings to any other party thereto.

(4) Where it appears to an officer acting for the purposes of this Part of
this Act that an offence has been committed in respect of which proceedings
might be taken under this Part of this Act against an employer, and the
officer is reasonably satisfied that the offence of which complaint is made
was due to an act or default of some other person and that the employer could
establish a defence under sub-section (2) of this section the officer may
cause proceedings to be taken against that other person without first causing
proceedings to be taken against the employer.

In any such proceedings the defendant may be charged with and, on proof that
the offence was due to his act or default, be convicted of, the offence with
which the employer might have been charged.


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© 1945 Crown Copyright

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