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It is, however, very doubtful as to whether the Act of 1895
confers upon a Metropolitan sanitary authority—
(a) The power to proceed against persons who do not fix
the notice in a workshop as required by section 1,
sub-section 3, or
(b) The power to deal with unreasonable temperature.
In fact, in the latter case [sec. 32] (since by sub-section 2 an
unreasonable temperature is brought as an offence within the
general term " not kept in conformity with the Principal Act,"
and as Metropolitan sanitary authorities are excluded by
section 3, sub-section 2, of the Factory and Workshops Act,
1891, from the power to take proceedings under the "Principal
Act") it appears that in the Metropolis this health question is
one in which a medical officer of health is powerless.
I now purpose pointing out what I consider to be the
powers which Metropolitan sanitary authorities have with
regard to factories and workshops, and the sections of the Acts
upon which that opinion is based.
I.—Factories (in London).
London sanitary authorities have, under the Public Health
(London) Act, 1891, the following powers with regard to
factories, subject to the Factory and Workshops Act of 1878,
and the Acts amending the same.
The definition of a "house" by section 141 includes factories,
hence—
1. The powers of secs. 37, 39, 40, 41 and 42 as to closets,
drains, &c., apply; also
2. The powers of sec. 60 as to infectious diseases apply;
also
3. The powers of sec. 48 as to insufficient water supply
apply; also
4. The powers of sec. 2 (sub-sec. 1e) as to overcrowding,
apply; also
5. The powers of sec. 115 as to entry, apply.
Section 38 expressly includes factories (without limitation)
and provides for the provision of suitable and sufficient sanitary
conveniences for each sex. One must note, however, by
sec. 35, Factory and Workshop Act, 1895, duality of control
in the Metropolis by Home Office and Sanitary Authority.
The definition of premises, sec. 141, doubtless includes factories,
hence it is the duty of the Sanitary Authority by sec. 1 from
time to time to inspect the factories within their district for
the purposes of detecting nuisances (sec. 1—a, b, c, d, e, f)