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In the following summary of the provisions, the abbreviations "F. &
W. A." means Factory and Workshops Act, 1901, and "P. H. L. A." means
Public Health (London) Act, 1891.
General Powers.
Under F. & W. A.
Section 155.— "The powers conferred by this Act on district councils shall
be in addition to, and not in substitution for, any other powers which
they may possess.''
Powers of Entry.
(A) Under P. H. L. A.
Section 10 (a) authorizes the council to enter from time to time any
premises for the purpose of examining as to the existence thereon of any
nuisance liable to be dealt with summarily under the Act, at any hour by
day (i.e., from 6 a.m. to 9 p.m.), or in the case of a nuisance arising in
respect of any business, then at any hour when that business is in
progress or is usually carried on.
Section 26 (2) specifically extends the powers under Section 10 for the
inspection of bakehouses, provides a fine for refusal or obstruction, and
gives a right to enter independently of any inquiry as to the existence
of a nuisance.
Powers of entry are given under Section 40 for the examination of sanitary
fittings, water supply, pipes, course of drains, &c., and (under Section 82
of the Metropolis Management Act, 1855) of drains.
Factories come under the definition of " premises" and may be so entered.
(B) Under F. & W. A.
Section 125.—"For the purpose of their duties with respect to workshops
and workplaces under this Act, and under the law relating to publio
health, the district council and their officers shall, without prejudice to
their other powers, have all such powers of entry, inspection, taking
legal proceedings, or otherwise, as an inspector under this Act."
The powers of an " inspector under this Act," which are given to the
officers of district councils, are by Section 119: —
(1) (a) "To enter, inspect, and examine at all reasonable times, by day and
night, a factory and a workshop, 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 or workshop; and
(J) "To take with him in either case a constable into a factory or
workshop in which he has reasonable cause to apprehend any
serious obstruction in the execution of his duty; and
(c) "To require the production of the registers, certificates, notices,
and documents kept in pursuance of this Act, and to inspect,
examine, and copy the same; and