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28
Rag Flock and other Filling Materials Act, 1951.
This Act, which came into force on the 1st November, 1951,
and is enforceable by the Council, repealed the Rag Flock Acts, 1911
and 1928, and Section 136 of the Public Health (London) Act,
1936, which dealt with the sale of rag flock. It enacts new
provisions relating not only to rag flock, but also to a number
of other filling materials, e.g., kapok, feathers, down, straw, hair,
unwoven cotton and woollen substances, etc., specified in it. The
Minister of Local Government and Planning, and the Home
Secretary, acting jointly, have power to extend this list.
The principal provisions of the Act are as follows
Registration : Premises in which rag flock or other filling materials
are used in upholstering, or the stuffing or lining of bedding, toys,
baby carriages, and any other articles prescribed by regulations,
must be registered with the Council. Excluded from this requirement,
however, are premises used for re-making or reconditioning
any such article, or for upholstering in connection with railway
carriages, road vehicles, ships or aircraft, or other kinds of
upholstering which may be prescribed. Registration, once effected,
is continuous, and a fee of £1 may be charged for it. The Act
contains no provisions enabling the Council to refuse registration.
Licensing: Premises used for the manufacture or storage of
rag flock (but not other filling materials) must be licensed by the
Council. Applications for licences may be refused on the ground of
unsuitability of premises, subject to a right of appeal to the Minister
of Local Government and Planning. Licences are renewable annually.
Entry, Inspection and Sampling: An authorised officer of the
Council has right of entry at all reasonable times to registered or
licensed premises, or premises which he has grounds for believing
should be registered or licensed. He may inspect any articles, and
take samples of any filling materials. For the latter purpose he may
open up the covering of any article to obtain access to the filling. If
he exercises this power, the Council are responsible for the repair of
the article, and, unless the owner is convicted of an offence under the
Act, for any diminution in its value. The Medical Officer of Health,
and Sanitary Inspectors, are deemed to be authorised officers.
Offences: The following are offences under the Act:—
1. Illegal use of premises which should be registered or licensed.
2. Failure to give notice of change of occupation of registered
premises.
3. The presence, on registered premises, of filling materials or,
on licensed premises, of rag flock, which are not clean.
4. The delivery to registered premises of rag flock other than
from licensed premises.
5. Transactions in filling materials which are not clean.
6. Failure to keep prescribed records.
7. Possession, offer for sale, or sale, of articles (other than
secondhand articles) upholstered, lined or stuffed with
materials which are not clean.
8. Obstruction of an authorised officer in the execution of the Act.
Offences under 4, 5 and 7 are subject to a warranty defence.