Holidays (Employees) Act, 1939

Powers of Inspectors.

16.—(1) An inspector may for the purposes of enforcing the provisions of this Act do all or any of the following things, that is to say:—

(a) subject to the provisions of this section, enter at all reasonable times any premises or place where he has reasonable grounds for supposing that any workers are employed,

(b) make such examination or enquiry as may be necessary for ascertaining whether the provisions of this Act are complied with in respect of any worker employed in any such premises or place,

(c) require the employer of any worker or the representative of such employer to produce to him any records which such employer is required by a records order to keep and inspect and take copies of entries in such records,

(d) examine with respect to any matters under this Act any person whom he has reasonable cause to believe to be or to have been a worker or the employer of any worker and require such person to answer such questions (other than questions tending to incriminate such person) as such inspector may put touching such matters and to sign a declaration of the truth of the answers to such questions.

(2) The powers conferred on an inspector by paragraph (a) of sub-section (1) of this section shall not be exercisable in respect of any private dwelling-house unless the Minister or an officer of the Minister appointed by the Minister for the purpose certifies that he has reasonable grounds for believing that an offence under this section in relation to any worker employed in such house has been committed by the employer of such worker, and such inspector on applying for admission to such house produces such certificate.

(3) If any person—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on such inspector by this section, or

(b) refuses to produce any record which an inspector lawfully requires him to produce, or

(c) produces or causes to be produced or knowingly allows to be produced to an inspector any record which is false in any material respect knowing the same to be false, or

(d) prevents, or attempts to prevent any person from appearing before or being questioned by an inspector, or

(e) wilfully fails or refuses to comply with any lawful requirement of an inspector under paragraph (d) of sub-section (1) of 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.

(4) Every inspector shall be furnished 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 said certificate to the occupier and to any person being examined by him.

(5) In this section the word “inspector” means a person appointed by the Minister to be an inspector for the purposes of this section.