LegalizeShops Assistants (Conditions of Employment)(No. 2) Act 1938
(2) If the proprietor of a shop fails, neglects or refuses to comply with the obligations imposed on him by this section, such proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence under this section, three pounds and, in the case of a second or any subsequent such offence a fine not exceeding five pounds.
57 inspectors.
57.—(1) Subject to the provisions of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), a sanitary authority shall for the purposes of this Part of this Act appoint such and so many inspectors as the Minister for Local Government and Public Health may approve or direct, and every inspector so appointed shall be deemed to be a sanitary officer within the meaning of section 11 of the Public Health (Ireland) Act, 1878, and the provisions of that section shall apply accordingly.
(2) A sanitary authority may, if the Minister for Local Government and Public Health approves, in lieu of, or in addition to appointing inspectors under the immediately preceding sub-section, assign to any of the sanitary officers of such sanitary authority under section 11 of the Public Health (Ireland) Act, 1878, such duties in relation to the carrying out of this Part of this Act as such sanitary authority think proper and the said Minister approves, and any such officer to whom such duties shall have been so assigned shall perform such duties and shall, if so declared by the said Minister, be deemed to be an inspector appointed by such sanitary authority for the purposes of this Part of this Act.
(3) References in the next following section of this Act to an inspector of a sanitary authority shall be construed as references to a person appointed or deemed to have been appointed under this section an inspector by such sanitary authority for the purposes of this Part of this Act.
58 Powers of inspectors of sanitary authorities.
58.—(1) An inspector of a sanitary authority may, within the district of such sanitary authority, do, for the purposes of ascertaining whether the provisions of this Part of this Act are being complied with, all or any of the following things, that is to say:—
(a) enter at any reasonable time by night or day any shop in such district;
(b) inspect such shop or any part thereof;
(c) make all such tests and do all such things as he may consider necessary for the said purpose.
(2) If any person obstructs or interferes with an inspector of a sanitary authority in the exercise of the powers conferred on such inspector by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
59 Enforcement of Part VI.
59.—It shall be the duty of the sanitary authority to enforce the provisions of this Part of this Act and to exercise the powers vested in them by the said Part.
60 Local inquiries.
60.—(1) Whenever power is conferred on the Minister for Local Government and Public Health by this Part of this Act to make any order or take any other action, the said Minister may, before exercising such power, hold a local inquiry into the matter which is the subject of the exercise of such power.
(2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every local inquiry held under this section in like manner as the said Article applies in respect of the local inquiries mentioned therein and for the purposes of the application of the said Article 32 in respect of every local inquiry held under this section the reference in sub-Article (3) of the said Article 32 to councils and other authorities concerned shall be construed as including a reference to any other persons concerned.
61 Prosecution of offences under Part VI.
61.—Any offence under any section contained in this Part of this Act may be prosecuted by the sanitary authority for the district within which such offence was committed.
62 Expenses under Part VI.
62.—(1) All expenses incurred by the Minister or the Minister for Local Government and Public Health under this Part of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) Any expenses incurred under this Part of this Act by a sanitary authority shall be raised and defrayed in the manner in which the expenses incurred by such sanitary authority under the Public Health Acts, 1878 to 1931, are raised and defrayed, and, in the case of the board of health of a county health district, shall be charged equally over the whole of such county health district.
FIRST SCHEDULE. Enactments Repealed.
| Session and chapter. | Short title. | Extent of repeal. |
|---|---|---|
| 2 Geo. V., c. 3. | Shops Act, 1912 | Sections 1, 2, 3, sub-section (2) of section 11, sub-section (6) of section 21, the First Schedule, and the Fifth Schedule. |
| 2 and 3 Geo. V., c. 24. | Shops Act, 1913 | The whole Act. |
SECOND SCHEDULE. Rules for Intervals for Meals.
1.—Intervals for meals shall be so arranged as to secure that—
(a) no person shall be engaged in work for more than six hours without an interval of at least thirty minutes being allowed during the course thereof, and
(b) there shall be at least three hours between each interval for meals.
2.—(1) Without prejudice to Rule 1, where the hours of work include the hours from 11.30 a.m. to 2.30 p.m., an interval of not less than one hour shall be allowed for dinner and such interval shall commence between those hours.
(2) Where—
(a) the hours of work include the hours from 11.30 a.m. to 2.30 p.m., and
(b) either—
(i) a person employed as a member of the staff of a refreshment house or licensed premises is allowed on any day an interval of not less than one hour so arranged as either to end not earlier than 11.30 a.m. or to commence not later than 2.30 p.m., or
(ii) a person employed as a member of the staff of any shop (not being a refreshment house or licensed premises) in a town in which a market is held not oftener than once a week is allowed on any day on which a market is held in that town an interval similarly arranged, or
(iii) a person employed as a member of the staff of a shop (not being a refreshment house or licensed premises) in a town in which an annual fair is held is allowed on the day on which such annual fair is held in that town an interval similarly arranged, the provisions of paragraph (i) of this Rule shall be deemed to have been complied with in respect of that person on that day.
Without prejudice to Rule 1, where the hours of work include the hours from 4 p.m. to 7.30 p.m., an interval of not less than half-an-hour shall be allowed between those hours for tea.
THIRD SCHEDULE. Penalties for Certain Offences.
In the case of a first offence under the relevant section a fine not exceeding ten pounds or in the case of any subsequent such offence a fine not exceeding twenty-five pounds.
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