No. 6/1981:

NIGHT WORK (BAKERIES) (AMENDMENT) ACT, 1981

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Unlawful to manufacture in bakery during period of night save under licence.

3 Amendment of section 5 of Principal Act.

4 Powers of entry and investigation.

5 Prosecution of offences.

6 Short title, construction and collective citation.

AN ACT TO AMEND AND EXTEND THE NIGHT WORK (BAKERIES) ACT, 1936 , AND TO PROVIDE FOR OTHER CONNECTED MATTERS.

[15th April, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"inspector" means a person appointed by the Minister to be an inspector for the purposes of this Act;

"the Principal Act" means the Night Work (Bakeries) Act, 1936 .

2.—The Principal Act is hereby amended by the substitution for section 3 of the following section:

"3.—(1) Save under and in accordance with a licence under this section, it shall not be lawful for any person who carries on a bakery to which this Act applies to carry on or to permit any worker to carry on in such bakery at any time in the period of night any process of manufacture which is neither the manufacture of biscuits for sale wholesale nor exceptional work.

(2) On the application of any person made in such form and containing such particulars as the Minister may direct, the Minister, after consultation with persons who in his opinion are representative of employers interested in bakeries and with persons who in his opinion are representative of workers so interested, may, if he is of the opinion that it is in the public interest so to do, issue to such person a licence to carry on, in a bakery to which this Act applies, in the period of night, any process of manufacture which is prohibited by subsection (1) of this section.

(3) A licence issued under this section shall be for such period, not exceeding two years, as the Minister may decide.

(4) A licence issued under this section shall be subject to such conditions (if any) as the Minister may specify in the licence.

(5) The Minister may revoke a licence issued under this section.

(6) A person who fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and, in the case of a continuing offence, a further fine (not exceeding in total £600) not exceeding £50 for each day during which the offence is continued.

(7) Any person who—

( a ) for the purpose of obtaining, for himself or any other person, a licence under this section, makes any statement or representation which is to his knowledge false or misleading, or

( b ) fails to comply with a condition specified in a licence under this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250."

3.—section 5 of the Principal Act is hereby amended by the deletion of subsection (2).

4.—(1) The powers of entry and inspection conferred on a member of the Garda Síochána by section 9 of the Principal Act shall be exercised by an inspector and, accordingly, that section shall have effect as if for every reference therein to "a member of the Garda Síochána" there were substituted a reference to "an inspector" and for the reference to "Inspector of the Garda Síochána" there were substituted a reference to "the Minister".

(2) Every inspector shall be furnished by the Minister with a certificate of his appointment and, on applying for admission to any premises or place for the purposes of this Act, shall, if so required, produce the certificate to the occupier of the premises and any person being questioned by him.

(3) section 9 of the Principal Act is hereby amended by the substitution in subsection (3) for "ten pounds" of "£250".

5.—(1) Proceedings in relation to an offence under The Principal Act may be brought and prosecuted by the Minister.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under The Principal Act may be instituted within twelve months from the date of the offence.

6.—(1) This Act may be cited as the Night Work (Bakeries) (Amendment) Act, 1981 .

(2) The Night Work (Bakeries) Act, 1936 , and this Act shall be construed together and may be cited together as the Night Work (Bakeries) Acts, 1936 and 1981.

ACTS REFERRED TO