In short
This law amends the Night Work (Bakeries) Act, 1936, primarily by changing the rules around night work in bakeries and updating enforcement provisions. It makes it unlawful to carry out manufacturing processes in bakeries during night hours without a specific license.
What it regulates
- The carrying out of manufacturing processes in bakeries during night hours.
- The conditions under which a bakery can obtain a license to perform night work.
- The powers of inspectors to enter and investigate bakeries.
- The prosecution of offences related to night work in bakeries.
Who it concerns
- Persons who carry on a bakery to which this Act applies.
- Workers in such bakeries.
Key points
- It is unlawful to manufacture in a bakery during the period of night, unless under a licence.
- The Minister may issue a licence for night work for a period not exceeding two years, subject to conditions.
- Failure to comply with the night work prohibition can result in a fine not exceeding £500, and a further fine not exceeding £50 per day for a continuing offence (up to a total of £600).
- Making false statements to obtain a licence or failing to comply with licence conditions can result in a fine not exceeding £250.
📄 Legal text
Night Work (Bakeries) (Amendment) Act, 1981
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1981
Night Work (Bakeries) (Amendment) Act, 1981
Night Work (Bakeries) (Amendment) Act, 1981
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Number 6 of 1981
NIGHT WORK (BAKERIES) (AMENDMENT) ACT, 1981
ARRANGEMENT OF SECTIONS
Section
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.
Acts Referred to
Night Work (Bakeries) Act, 1936
1936, No. 42
Petty Sessions (Ireland) Act, 1851
1851, c. 93
Number 6 of 1981
NIGHT WORK (BAKERIES) (AMENDMENT) ACT, 1981
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:
Interpretation.
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
.
Unlawful to manufacture in bakery during period of night save under licence.
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.”
Amendment of section 5 of Principal Act.
3.—Section 5 of the Principal Act is hereby amended by the deletion of subsection (2).
Powers of entry and investigation.
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”.
Prosecution of offences.
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.
Short title, construction and collective citation.
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.
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