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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 146

Powers of inspectors.

146.[(1) An inspector shall, for the purpose of the execution of this Act,
have power to do all or any of the following things, that is to say:

(a)to enter, inspect, and examine at all reasonable times, by day and night, a
factory, and every part thereof, when he has reasonable cause to believe that
any person is employed therein, and to enter by day any place which he has
reasonable cause to believe to be a factory and any part of any building of
which a factory forms part and in which he has reasonable cause to believe
that explosive or highly inflammable materials are stored or used;

(b)to take with him a constable if he has reasonable cause to apprehend any
serious obstruction in the execution of his duty;

(c)to require the production of the registers, certificates, notices, and
documents kept in pursuance of this Act, and to inspect, examine, and copy any
of them;

(d)to make such examination and inquiry as may be necessary to ascertain
whether the provisions of this Act and the enactments for the time being in
force relating to public health are complied with, so far as respects a
factory and any persons employed in a factory and any young persons to whom
section 114 applies;

(e)to require any person whom he finds in a factory to give such information
as it is in his power to give as to who is the occupier of the factory;

(f)to examine, either alone or in the presence of any other person, as he
thinks fit, with respect to matters under this Act, every person whom he finds
in a factory, or whom he has reasonable cause to believe to be or to have been
within the preceding two months employed in a factory or in any employment
mentioned in section 114(1) and to require every such person to be so examined
and to sign a declaration of the truth of the matters respecting which he is
so examined; so, however, that a person shall not be required under this
provision to answer any question or to give any evidence tending to criminate
himself, [or, in the case of a person who is married, his or her wife or
husband];

Para.(g) rep. by 1978 NI 9 art.56(2) sch.7

(h)to exercise such other powers as may be necessary for carrying this Act
into effect.

(2) The occupier of every factory, his agents and servants, shall furnish the
means required by an inspector as necessary for an entry, inspection,
examination, inquiry, the taking of samples, or otherwise for the exercise of
his powers under this Act in relation to that factory.

(3) If any person wilfully delays an inspector in the exercise of any power
under this section, or fails to comply with the requisition of an inspector in
pursuance of this section, or to produce any register, certificate, notice or
document which he is required by or in pursuance of this Act to produce, or
wilfully withholds any information as to who is the occupier of any factory,
or conceals or prevents, or attempts to conceal or prevent, a person from
appearing before or being examined by an inspector, that person shall be
deemed to obstruct an inspector in the execution of his duties under this Act.

(4) Where an inspector is obstructed in the execution of his powers or duties
under this Act, the person obstructing him shall be guilty of an offence, and
liable to a fine not exceeding twenty pounds; and where an inspector is so
obstructed in a factory, the occupier of that factory shall be guilty of an
offence.]

(5) Any certificate issued by the chief inspector may be issued for a limited
period or without limit of period and may be varied or revoked by him or his
successor in office.[

© 1965 Crown Copyright

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