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(5) A child shall not be employed in any occupation likely to
be injurious to his life, limb, health, or education, regard being
had to his physical condition.
(6) If the local authority send to the employer of any child a
certificate signed by a registered medical practitioner that the
lifting, carrying, or moving of any specified weight is likely to
cause injury to the child, or that any specified occupation is likely
to be injurious to the life, limb, health, or education of the child,
the certificate shall be admissible as evidence in any subsequent
proceedings against the employer in respect of the employment of
the child.
Offences and penalties.
Section 5.—(1) If any person employs a child or other person
under the age of 16 in contravention of this Act, or of any bye-law
under this Act, he shall be liable on summary conviction to a fine
not exceeding forty shillings, or, in case of a second or subsequent
offence, not exceeding five pounds.
(2) If any parent or guardian of a child or other person under
the age of sixteen has conduced to the commission of the alleged
offence by wilful default, or by habitually neglecting to exercise due
care, he shall be liable on summary conviction to the like fine.
(3) If any person under the age of sixteen contravenes the
provisions of any bye-law as to street trading made under this Act,
he shall be liable on summary conviction to a fine not exceeding
twenty shillings, and in case of a second or subsequent offence, if
a child, to be sent to an industrial school, and, if not a child, to a
fine not exceeding five pounds.
(4) In lieu of ordering a child to be sent under this section to
an industrial school, a court of summary jurisdiction may order the
child to be taken out of the charge or control of the person who
actually has the charge or control of the child, and to be committed
to the charge and control of some fit person who is willing to
undertake the same until such child reaches the age of sixteen
years: And the provisions of sections seven and eight of the
Prevention of Cruelty to Children Act, 1894, shall, with the
necessary modifications, apply to any order for the disposal of a
child made under this sub-section.