S & 9 GEORGE 5, CHAPTER 32. provisions of this Act for persons employed by that employer, if the rate of wages is less than that special minimum pièce-rate; and "(b) in cases where a special minimum piece-rate has not been so fixed, unless he shows that the piece-rate of wages paid would yield, in the circumstances of the case, to an ordinary worker at least the same amount of money as the basis rate. "(2) For the purpose of this section the expression 'basis rate' means the general minimum time-rate or, where a rate (in this Act referred to as a piece-work basis time-rate') has been fixed by the Trade Board for the purpose of being substituted for the general minimum time-rate as the basis rate, the rate so fixed. "A Trade Board may fix a piece-work basis time-rate in any case in which, having regard to all the circumstances of the case, they are of opinion that the general minimum time-rate does not form a proper basis for the purposes of paragraph (b) of subsection (1) of this section, and a piece-work basis time-rate may be higher or lower than the general minimum time-rate and may be fixed so as to apply universally to the trade or so as to apply to any special process in the work of the trade or to any special area, or to any class of workers in the trade or to any class of workers in any special process or in any special area." 7. EMPLOYERS NOT TO RECEIVE PREMIUMS WHERE MINIMUM RATES IN FORCE. (1) Where a worker in any trade, being a person to whom a minimum rate of wages fixed by a Trade Board applies, is an apprentice or learner, it shall not be lawful for his employer to receive directly or indirectly from him, or on his behalf or on his account, any payment by way of premium: Provided that nothing in the foregoing provision shall apply to any such payment duly made in pursuance of any instrument of apprenticeship not later than four weeks after the commencement of the employment. (2) If any employer acts in contravention of this provision, he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and the court may by the conviction, in addition to imposing a fine, adjudge him to repay to the worker or other person by whom the payment was made the sum improperly received by way of premium. 8. WORKER WAITING FOR WORK ON EMPLOYER'S PREMISES TO BE DEEMED TO BE EMPLOYED. For the purpose of calculating the amount of the wages payable in the case of a worker employed on any work for which a minimum rate of wages has been fixed under the principal Act, the worker shall be deemed to have been employed during all the time during which he was present on the premises of the employer, unless the employer proves that he was so present without the employer's consent express or implied, or that he was so present for some purpose unconnected with his work and other than that of waiting for work to be given to him to perform, and in the case of a worker employed on piece-work shall be deemed during any time during which he was so present and was not doing piece-work to have been employed at the general minimum time-rate applicable to workers of the class to which he belongs: Provided that (a) where a worker resides on the premises of the employer he shall not be deemed to be employed during any time during which he is present on the premises by reason only of the fact that he is so resident; and (b) a worker while present during normal meal times in a room or place in which no work is being done shall be deemed to be present for a purpose unconnected with his work. 9. MISCELLANEOUS PROVISIONS WITH RESPECT TO LEGAL PROCEEDINGS.—(1) Where an employer has been convicted under section six of the principal Act for failing to pay wages at not less than the minimum rate to any worker, then, if notice of intention so to do has been served with the summons, warrant, or complaint, evidence may be given of any failure on the part of the employer to pay wages at not less than the minimum rate to that worker at any time during the two years immediately preceding the date on which the information was laid or the complaint was TRADE BOARDS ACT 1918. served, and on proof of the failure the court may order the employer to pay such sum as in the opinion of the court represents the difference between the amount which, having regard to the provisions of the principal Act, ought properly to have been paid to the worker by way of wages during those years and the amount actually so paid. (2) Where it appears to a Trade Board, or to any officer appointed under the principal Act or to any officer of any Government Department for the time being assisting in carrying the principal Act into effect, that any sum is due by an employer to a worker by reason of the fact that wages have been paid to that worker at less than the minimum rate applicable, and that it is not possible to recover the sum so appearing to be due, or some part of that sum, by means of proceedings under section six of the principal Act, the Trade Board, or that officer, if he is authorised in that behalf by special or general directions of the Minister, may, if it appears expedient so to do by reason of the refusal or neglect of the worker to take the necessary proceedings, on behalf of and in the name of the worker institute civil proceedings before any court of competent jurisdiction for the recovery of the said sum: Provided always that the court before which any such civil proceedings are instituted by a Trade Board or by any such officer as aforesaid shall have the same power to make an order for the payment of costs by that Board or officer as if that Board or officer were a party to the proceedings. (3) It shall be no objection to the competency of a person to give evidence as a witness in proceedings in Scotland under the principal Act that the proceedings are brought at the instance of or have been instituted by that person, or are prosecuted or conducted by him. 10. POWER OF TRADE BOARDS TO MAKE RECOMMENDATIONS TO GOVERNMENT DEPARTMENTS.-A Trade Board for any trade may, if they think it expedient so to do, make a recommendation to any Government Department with reference to the industrial conditions of the trade, and the Department to whom the recommendation is made shall forthwith take it into consideration. 11. MINOR AMENDMENTS OF PRINCIPAL ACT.-The amendments specified in the second column of the Second Schedule to this Act, which relate to minor details, shall be made in the provisions of the principal Act specified in the first column of that Schedule. 12. RULES PUBLICATION ACT 1893 NOT TO APPLY TO CERTAIN REGULATIONS UNDER TRADE BOARDS ACTS.-Section one of the Rules Publication Act 1893 (56 & 57 Vict. c. 66) (which requires notice to be given of a proposal to make statutory rules) shall not apply to any regulations made under section eleven, section twelve, or section eighteen of the principal Act, or under paragraph nine of the First Schedule to this Act. 13. SHORT TITLE, COMMENCEMENT, CONSTRUCTION, AND REPEAL.-(1) This Act may be cited as the Trade Boards Act 1918, and shall be read as one with the principal Act, and that Act and this Act may be cited together as the Trade Boards Acts 1909 and 1918. (2) This Act shall come into operation on the first day of October nineteen hundred and eighteen. (3) Unless the context otherwise requires, any reference in this Act to the principal Act, or any provision of the principal Act which is amended by this Act, shall be construed as a reference to the principal Act, or that provision, as amended by this Act. (4) The provisions of the principal Act specified in the Third Schedule to this Act are hereby repealed: Provided that all rates fixed under any provision of the principal Act repealed by this Act, and being obligatory at the commencement of this Act, shall, notwithstanding the repeal, continue in force and shall be deemed to have been fixed under the principal Act as amended by this Act and may be varied or cancelled accordingly. 8 & 9 GEORGE 5, CHAPTER 32. SCHEDULES. FIRST SCHEDULE (s. 2). PROCEDURE FOR MAKING SPECIAL ORDERS. 1. Before the Minister makes any special order, he shall, in such manner as be thinks best adapted for informing persons affected, publish notice of his intention to make the order, of the place where copies of the draft order may be obtained, and of the time (which shall not be less than forty days) within which any objection made with respect to the draft order must be sent to him. 2. Every objection must be in writing, and must state(a) the specific grounds of objection; and (b) the omissions, additions, or modifications asked for. 3. The Minister shall consider any objection which is made by or on behalf of any persons appearing to him to be affected and which is sent to him within the time fixed in that behalf, but shall not be bound to consider any other objection. 4. After considering all the objections which he is required to consider as aforesaid, the Minister may, if he thinks fit, amend the draft order, and the foregoing provisions of this Schedule shall apply to the amended draft order in like manner as they apply to an original draft order. 5. In any case in which the Minister does not amend or withdraw any draft order to which any objection has been made in accordance with the foregoing provisions, he shall, before making the order, unless he considers that the objection is of a frivolous character, direct an enquiry to be held in manner hereinafter provided. 6. The Minister may appoint a competent person not in the employment of any Government Department to hold an enquiry with regard to any draft order, and to report to him thereon. 7. The enquiry shall be held in public, and such officer of the Ministry of Labour as is appointed by the Minister in that behalf, and any objector or other person who appears to the person holding the enquiry to be affected, may appear at the enquiry either in person or by counsel, solicitor, or agent. 8. The witnesses at the enquiry may, if the person holding it thinks fit, be examined on oath. 9. Subject as aforesaid, the enquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with regulations made by the Minister. 10. The fee to be paid to the person holding the enquiry shall be such as the Minister may direct, and shall be deemed to be part of the expenses of the Minister in the execution of the principal Act. SECOND SCHEDULE (s. 11). MINOR AMENDMENTS OF PRINCIPAL ACT. Enactment to be amended. Nature of Amendment. In the second paragraph of subsection (1) the words "a general minimum time-rate," and in subsection (5) the words "a general minimum time-rate or a piece-work basis time-rate," shall be substituted for the words "a minimum time-rate." For the words "been made obligatory by order of the Board of Trade under this Act" in subsection (1), there shall be substituted the words "become effective." Subsection (2) shall cease to have effect. The words "if the district trade committee so think fit, of sub-committees" shall be substituted in subsection (2) for the words from "of a standing sub-committee" to the end of the subsection. Section 15. Section one. In subsection (3) the words "or any sub-committee thereof" shall be inserted after the words "delegate to a district trade committee," and the words "their duty to fix a general minimum time-rate and their power to fix a general minimum piece-rate, a guaranteed time-rate, à piece-work basis time-rate, and an overtime rate" shall be substituted for the words from "their power" to the end of the subsection. In subsection (4) the words "general minimum time-rate" shall be substituted for the words "minimum time-rate," and the words. "guaranteed time-rates, piece-work basis time-rates, and overtime rates," shall be inserted after the words "piece-rates." The following new subsection shall be inserted at the end of the section: "(5) The proceedings of a district trade committee shall not be invalidated by any vacancy in their number, or by any defect in the appointment of any member of the committee." The following paragraph shall be added at the end of subsection (1) :"(e) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Act any person whom he finds in any factory or workshop or any place used for giving out work to outworkers, or whom he has reasonable cause to believe to be or to have been a worker in any trade to which a minimum rate under this Act is applicable, and to require every such person to be so examined, and to sign a declaration of the truth of the matters in respect of which he is so examined." In subsection (2) the word "makes, or causes to be made, or knowingly allows to be made" shall be substituted for the word "produces," and after the word "outworkers" there shall be inserted the words. "which is false in any material particular, or produces or causes. to be produced or knowingly allows to be produced any such sheet, record, or list." THIRD SCHEDULE (s. 13). PROVISIONS OF PRINCIPAL ACT REPEALED. Subsections (2) and (3) of section four and the proviso to subsection (4). Section five. Section seven. Subsection (2) of section ten. In paragraph (4) of section twenty-one the words from "including the expenses to the end of the section. CHAPTER XXXIII. An Act to make further provision for the application of the Asylums Officers Superannuation Act 1909 to officers in certified institutions for defectives, and to provide for the aggregation of service in asylums and in such institutions. [8th August 1918.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. APPLICATION OF 9 EDW. 7, c. 48, TO OFFICERS AND SERVANTS OF CERTIFIED INSTITUTIONS FOR DEFECTIVES.-(1) Subject to such adaptations and modifications as the Secretary of State may by order prescribe and subject as hereinafter provided, the Asylums Officers Superannuation Act 1909 shall apply and shall be deemed always 8 & 9 GEORGE 5, CHAPTER 33. to have applied to officers and servants employed in certified institutions for defectives as if references in that Act to asylums included references to such institutions, and as if in relation to officers and servants of such an institution references to the visiting committee of an asylum included references to the managers of the institution : Provided that (a) An officer or servant employed in a certified institution shall be treated as an officer or servant of the second class : (b) The power under subsection (3) of section two of the said Act to add years to the actual years of service shall not apply in respect of service in certified institutions: (c) The rate of contribution for an officer or servant employed in a certified institution shall be two and a half per cent. of the salary or wages and emoluments for each year, except that in the case of an officer or servant who has removed from an asylum to a certified institution and who at the time of his so removing was liable to contribute at the rate of two per cent., the rate shall be two per cent. only: (d) The superannuation allowance of an asylums officer or servant of the first class who has removed to a certified institution shall, in respect of his asylums service, be calculated by reference to fiftieths instead of sixtieths, and an officer who has so removed before the date of the commencement of this Act or who so removes within five years after that date shall, if he has been in the service of an asylum as a first class officer or servant for not less than ten years, become qualified for receiving a superannuation allowance at the age of fifty-five years instead of at the age of sixty years. (2) In this section the expression "certified institutions for defectives" means certified institutions provided by local authorities under the Mental Deficiency Act 1913 (3 & 4 Geo. 5, c. 28), or by district boards under the Mental Deficiency and Lunacy (Scotland) Act 1913 (3 & 4 Geo. 5, c. 38). (3) In the application of this section to Scotland, the Secretary for Scotland shall be substituted for the Secretary of State. 2. SHORT TITLE AND REPEAL.-(1) This Act may be cited as the Asylums and Certified Institutions (Officers Pensions) Act 1918. (2) Section forty-five of the Mental Deficiency Act 1913 and section thirty-six of the Mental Deficiency and Lunacy (Scotland) Act 1913 shall be deemed never to have had effect and are bereby repealed. CHAPTER XXXIV. An Act to enable the statutory provisions affecting the charges which may be made in respect of certain undertakings to be temporarily modified. [8th August 1918.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. MODIFICATIONS OF STATUTORY PROVISIONS AFFECTING CHARGES.—(1) Where it appears to the appropriate Government Department that the financial position of any undertaking to which this Act applies has been adversely affected by circumstances arising out of the present war, the Department may, if they think fit, by order provide for the modification of any statutory provisions regulating the charges to be made by the undertakers, and of any statutory provisions consequential on or supplemental to any such provisions as aforesaid, for such period during the continuance of this Act, in such manner, and subject to such conditions, as appear to the Department to be just and reasonable: Provided that (a) where the undertakers are a local authority no modification shall be |