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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 135A

Enforcement

135A.(1) The Department, with the approval of the Department of the Civil
Service as to numbers and salaries, may appoint such officers as it thinks
necessary for the purpose of enforcing the provisions of section 135 and of
any regulations made or having effect thereunder and the persons so appointed
shall for that purpose have the powers conferred on them by subsection (3).

(2) Every appointment under subsection(1) shall be made in writing and an
officer appointed thereunder shall, if so required when exercising or seeking
to exercise any power conferred on him by subsection (3), produce his written
appointment or a duly authenticated copy thereof.

(3) An officer appointed under subsection (1) may, for the purpose there
mentioned, exercise any of the following powers:

(a)at any reasonable time to enter a factory when he has reasonable cause to
believe that any person is employed therein and any place from which any work
is given out in connection with the business of a factory;

(b)to require the production of, inspect and take copies of or of any entry in
any books or documents kept, furnished or exhibited in pursuance of
section 135;

(c)to require any person whom he has reasonable cause to believe to be able to
give any information relevant to his investigation under this section to
answer (in the absence of persons other than a person nominated by him to be
present and any persons whom the officer may allow to be present) such
questions as the officer thinks fit to ask and to sign a declaration of the
truth of his answers: so however that no one shall be required under this
provision to answer any question tending to criminate himself or, in the case
of a person who is married, his or her wife or husband.

(4) An officer appointed under subsection (1), if authorised in that behalf by
the Department may, although not of counsel or a solicitor, prosecute before a
court of summary jurisdiction proceedings for a contravention of section 135
or regulations thereunder.

(5) If any person in purported compliance with a requirement imposed under
this section

(a)produces or furnishes or causes or knowingly allows to be produced or
furnished any document which he knows to be false in a material particular; or

(b)makes any statement which he knows to be false in a material particular or
recklessly makes a statement which is so false,

(6) If any person intentionally obstructs an officer appointed under
subsection (1) in the exercise or performance of his powers or duties or fails
to comply with any requirement imposed by such an officer in the exercise of
his powers, he shall be guilty of an offence and liable on summary conviction
to a fine not exceeding #20.]

S.136 rep. by SR 1979/246

Notice of occupation of factory, and use of mechanical power.



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© 1965 Crown Copyright

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