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TRUCK ACT 1896 - SECT 10

Appointment of officers for enforcement of existing Acts.

10.(1) The Department of Manpower Services, with the approval of the
Department of the Civil Service as to numbers and salaries, may appoint such
officers as it thinks necessary for the purpose of enforcing the provisions of
this Act and of the Truck Acts 1831 and 1887 and the persons so appointed
shall for that purpose have the powers conferred on them by subsection (3).

(2) Every appointment under subsection (1) shall be made in writing and an
officer appointed thereunder shall, if so required when exercising or seeking
to exercise any power conferred on him by subsection (3), produce his written
appointment or a duly authenticated copy thereof.

(3) An officer appointed under subsection (1) may, for the purpose there
mentioned, exercise any of the following powers:

(a)at any reasonable time to enter any premises where any person is or has
been employed whom he has reason to believe is a workman to whom the said Acts
apply or applied and, at any reasonable time, to enter any premises from which
work in connection with the business carried on at those premises is given out
to outworkers to whom he has reason to believe the said Acts apply;

(b)to require the production of, inspect, and take copies of or of any entry
in any wage sheets or other records of wages kept by an employer, and records
of payments made to outworkers by persons giving out work;

(c)to require any person giving out work and any outworker to give any
information which it is in his power to give with respect to the names and
addresses of the persons to whom the work is given out or from whom the work
is received, as the case may be, and with respect to the payments to be made
for the work;

(d)to inspect and copy the whole or any material part of any list of
outworkers kept by an employer or person giving out work to outworkers;

(e)to require any person whom he has reasonable cause to believe to be able to
give any information relevant to his investigation under the said Acts to
answer (in the absence of persons other than a person nominated by him to be
present and any persons whom the officer may allow to be present) such
questions as the officer thinks fit to ask and to sign a declaration of the
truth of his answers, so however that no one shall be required under this
provision to answer any question tending to criminate himself or, in the case
of a person who is married, his or her wife or husband.

(4) An officer appointed under subsection (1) if authorised in that behalf by
the Department of Manpower Services may, although not of counsel or a
solicitor, prosecute before a court of summary jurisdiction proceedings for an
offence under any of the said Acts.

(5) If any person in purported compliance with a requirement imposed under
this section

(a)produces or furnishes or causes or knowingly allows to be produced or
furnished any wages sheet, record, list or other document which he knows to be
false in a material particular; or

(b)makes any statement which he knows to be false in a material particular or
recklessly makes a statement which is so false,

(6) If any person intentionally obstructs an officer appointed under
subsection (1) in the exercise or performance of his powers or duties or fails
to comply with any requirement imposed by such an officer in the exercise of
his powers, he shall be guilty of an offence and liable on summary conviction
to a fine not exceeding #20.]

S.11 rep. by SLR 1908

© 1896 Crown Copyright

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