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Duties of Medical Officer of Health.—Under sec. 132 of the Act, the Council's Medical
Officer of Health is required for the future in his annual report to the Council to report
specifically on the administration of the Act in workshops and workplaces so far as the matters
under the charge of the Council are concerned, and to send a copy of his report, or of so much
of it as deals with this subject, to the Secretary of State. The matters which the report should
specially deal with are indicated in the instructions issued by the Local Government Board to
Medical Officers of Health in England and Wales.
It is also the duty of the Medical Officer, if he finds any woman, young person, or child
employed in a workshop in which no abstract of the Act is posted up, to inform the District
Inspector of Factories in writing.
Matters referred to Council by Factory Inspectors—The Factory Inspector will, on finding
in a factory or workshop, any act, neglect, or default in relation to a drain, water-closet, earthcloset,
privy, ashpit, water supply, nuisance, or other matter which is punishable or remediable
under the Public Health Act, but not under the Factory Act, give notice to the Council of such
act, &c.; and it will then be the duty of the Council to make inquiry into the matter, take such
action as may seem proper, and inform the Inspector of the proceedings taken. If proceedings
are not taken by the Council within one month, the Inspector is authorised to take the same
proceedings as the Council might have taken, and to recover from the Council the expenses
incurred by him which have not been recovered from any other person, and have not been
incurred in any unsuccessful proceedings (sec. 5).
The Inspector may take similar action for the purpose of enforcing in a factory or
workshop the provision of means of escape in case of fire.
In the event of a District Council failing generally to carry out the provisions of the Act
and the Public Health Acts with regard to factories, workshops, and workplaces, the Secretary
of State may authorise a Factory Inspector during such time as he may fix to enforce those
provisions. An Inspector so authorised will be entitled to recover from the Council any
expenses incurred by him which are not recovered from any other person (sec. 4).
General.—It is provided that the powers conferred by the Act on District Councils shall
be in addition to and not in substitution for any other power which they may possess.
Application to London.
The duties of District Councils as described above will be discharged in London by the
Metropolitan Borough Councils, and in the City, by the Court of Common Council, with the
following exceptions:—
(1.) The duties in regard to the provision of means of escape in case of fire will be
discharged by the London County Council.
(2.) For the references to sec. 91 of the Public Health Act, 1875, should be
substituted references to sec. 2 of the Public Health (London) Act, 1891.
(3.) For the references on pp. 2 and 4 to sec. 22 of the Public Health Act Amendment
Act, 1890, should be substituted a reference to sec. 38 of the Public
Health (London) Act, 1891, which applies throughout the County of London,
and requires that every factory, workshop, or workplace shall be provided
with sufficient and suitable accommodation in the way of sanitary conveniences.
The Metropolitan Borough Councils are charged with the duty of enforcing
this provision.
(4.) The Metropolitan Borough Councils have special powers under secs. 25 and 26
of the Public Health (London) Act, 1891. See notes on pp. 3, 5 and 6.above.
SCOTLAND.
The foregoing memorandum will apply in all particulars to Scotland, subject to the
following modifications:-
(1) For the references to the Public Health Act, 1875, should be substituted references to
the Public Health (Scotland) Act, 1897, and in particular for references to secton 91 of the
former Act, references to section 16 of the latter Act. It should be noted that the word "factory"
in sub-section 8 of the latter section includes "workshop" and "workplace"—see definition of
"factory" in section 3 of the Act.
(2) For "District Council" should be substituted "Local Authority," as defined in
section 12 of the Act of 1897.
(3) For "Medical Officer of Health" and "Inspector of Nuisances" should be substituted
"Medical Officer" under the Act of 1897, and "Sanitary Inspector," as defined in section 3 of
that Act.
(4) For "Local Government Board" should be substituted "Local Government Board
for Scotland."
(5) For the references to section 38 of the Public Health Act, 1875, should be substituted
a reference to section 29 of the Public Health (Scotland) Act, 1897.
IRELAND.
The memorandum will apply in all particulars to Ireland, subject to the following
modifications: —
(1) For the references to the Public Health Act, 1875, should be substituted references to
the Public Health (Ireland) Act, 1878, and in particular for references to section 91 of the
former Act, references to section 107 of the latter Act.
(2) The expression "Medical Officer of Health" includes "Medical Superintendent of
Health."
(3) For "Local Government Board" should be substituted "Local Government Board
for Ireland."
February, 1903,
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