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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 injurous 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.
Section 5. (1) Provides that any person employing a child
under the age of 16 in contravention of this Act shall be liable to a
fine of 40/- and £5 for a second offence. Parents or guardians who
have conduced to the commission of the alleged offence by wilful
default are also liable to the like fine.
The person under sixteen years of age is also liable to a penalty
for contravening the Bye-Laws made under this Act.
Under Section 8 any Justice of the Peace on complaint may
empower any Officer of the Local Authority acting under this act
to enter any place whether a building or not for the purpose of
examining the place and any person therein.
Bye-Laws made under this Act will not apply to any child
above 12 employed in pursuance of the Factory and Workshop Act
1901.
Section 13 defines certain expressions used in the Act as follows—
The expression "child " means a person under the age of fourteen years.
The expression "guardian," used in reference to a child, inciudes any person
who is liable to maintain or has the actual custody of the child.
The expressions "employ" and " employment" used in reference to a child,
include employment in any labour exercised by way of trade or for the
purposes of gain, whether the gain be to the child or to any other person.
The expression "local authority" means, in the case of the City of London, the
mayor, alderman, and commons of that city in common council assembled
in the case of a municipal borough with a population according to the census
of nineteen hundred and one of over ten thousand, the borough council, and
in the case of any other urban district with a population according to the
census of nineteen hundred and one cf over twenty thousand, the district
council, and elsewhere the county council:
The expression " street trading " includes the hawking of newspapers, matches,
flowers, and other articles, playing, singing, or performing for profit, shoeblacking,
and any other like occupation carried on in streets or public places.