The Act That Changed Our Working Lives
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Pantglas Junior School
2 The Aberfan Disaster October 1966 I have been asked to inform that there has been a landslide ‘‘ at Pantglas. The tip has come down on the school Emergency call received by Merthyr Tydfil Police at 9.25am on 21st October 1966. ’’ The Tragedy At approximately 9.15am on Friday 21st October 1966, Merthyr Vale colliery tip situated The scene immediately following the disaster at Pantglas on the mountainside overlooking the village of Junior School Aberfan in South Wales, slipped and descended on Pantglas Junior School. Police supervised all of the victim identifications at Bethania Chapel, under the ministry of Reverend The tip slid like an avalanche. It destroyed the school, S. Lloyd, which was provided as a temporary mortuary 20 nearby houses in its path, and rendered other 250 yards from the scene of the devastation. houses in the vicinity unsafe for habitation. With its balcony, the chapel seated a congregation Half a million tonnes of coal waste in a tidal wave 40 of 500, and was approximately 30 yards by 20 yards feet high hit the village. The school was in session as it in size. was the last day before half term week. The vestry, 20 yards by 10 yards, housed voluntary 144 children and adults died; 116 were school workers for the Red Cross together with St John’s children. Half of all the pupils at Pantglas Junior School Ambulance stretcher-bearers. were killed together with five of their teachers. The chapel was in use as a mortuary and missing The tragedy was caused by two days of continual person’s bureau from 21st October until 4th heavy rain loosening the coal slag, which was situated November 1966. -
Government and Mining January 2016
Government and mining January 2016 www.mininginstitute.org.uk North of England Institute of Mining and Mechanical Engineers Nicholas Wood Memorial Library Government and Mining: Legislation, Inspection, Enquiries a resource list Introduction Until the early 19th century mines were largely unregulated, but by the end of the century there was considerable government control from legislation supported by an inspection structure. Legislation often followed from government enquiries, which also provide a detailed contemporary assessment of those aspects of mining within their remit. This guide gives background material on government activities and extensive lists of laws and official enquiries mostly held in the Institute Library. Legislation History books Boyd, R.N. Coal pits and pitmen: a short history of the coal trade and legislation affecting it. 1895. Bryan, A.M. The evolution of health and safety in mines. 1975. Hutchins, B.L. and Harrison, A. A history of factory legislation. 1903, 1907, 1911, 1926. [Not in NEIMME Library. First 3 editions online at the Open Library: https://openlibrary.org/works/OL6576367W/A_history_of_factory_legislation Mining Association of Great Britain Historical review of coal mining. 1924, 301-320 – D. Morrah, ‘A Historical Outline of Coal Mining Legislation’ Royal Commission on Mines 2nd Report, 1909, 2-11 has an outline of legislation Royal Commission on Safety in Coal Mines 1938, 11-33 Development of safety legislation in coal mines Sinclair, J. Coal mining law. 1958, 79-97 History of safety legislation articles Bryan, A. Legislation relating to safety and health in British coal mines – history and development Mining engineer 134 1974-5, 197-203, Discussion 203-6 Nussey, G.D. -
Collective Cost 08
DEPARTMENT OF ECONOMICS WORKING PAPER SERIES Class Agency under Conditions of Self-Enforcement: Marx on Capitalists’ Common’s Problem Korkut Alp Ertürk Working Paper No: 2019-01 January 2019 University of Utah Department of Economics 260 S. Central Campus Dr., Rm. 343 Tel: (801) 581-7481 Fax: (801) 585-5649 http://www.econ.utah.edu 2 Class Agency under Conditions of Self-Enforcement: Marx on Capitalists’ Common’s Problem Korkut Alp Ertürk Economics Department, University of Utah [email protected] Abstract Marx discussed institutional innovations in the context of a complex dynamic between inter versus intra-group opportunism, which contains clues for understanding how capacity for class agency develops. His lengthy discussion of the English Factory Acts in his Vol. I of Capital is an important case in point, which the paper revisits for its broader lessons not only for how institutions solve collective action problems but also how they become self-enforcing when third party enforcement is ineffective. The paper gives an account of how the Acts could have become self-enforcing at a time when the state enforcement capacity was rudimentary at best. The argument focuses on the dynamic between inter versus intra-class opportunism, shedding analytical light on how organized labor could help capitalists bolster their capacity for class agency. Keywords: institutions, collective action problem, opportunistism, common’s problem JEL Classification: B14, B55, C720 3 In the early 19th century England, continued externalization of internal costs of production threatened to harm capitalists collectively as the inflow of workers from rural labor reserves began to dry out. -
The Barrie Guide to the Law of Evidence 2020
The Barrie Guide to the Law of Evidence 2020 Barrie Goldstone Head of the School of Law London Metropolitan University 0 THE LAW OF EVIDENCE CONTENTS A GENERAL INTRODUCTION 1 INTRODUCTION TO EVIDENCE B TYPES OF EVIDENCE 2 TYPES OF EVIDENCE C THE THREE PILLARS OF EVIDENCE 3 RELEVANCE, ADMISSIBILITY AND WEIGHT D BURDENS OF PROOF 4 THE LEGAL BURDEN OF PROOF 5 THE EVIDENTIAL BURDEN OF PROOF 6 THE REVERSE BURDEN OF PROOF 7 REVERSING THE EVIDENTIAL BURDEN E THE STANDARDS OF PROOF 8 BEYOND ALL REASONABLE DOUBT 9 THE BALANCE OF PROBABILITIES F CONFESSION EVIDENCE 10 INTRODUCTION TO CONFESSIONS 11 THE DEFINITION OF A CONFESSION 12 CONFESSIONS OBTAINED BY OPPRESSION 13 UNRELIABLE CONFESSIONS 14 UNFAIR CONFESSIONS 15 THE COMMON LAW TEST G ACCESS TO LEGAL ADVICE 16 CODE C, PACE s.58 AND ARTICLE 6 17 FRUIT OF THE POISONED TREE 1 H CHARACTER EVIDENCE 18 EVIDENCE OF BAD CHARACTER: Introduction and History 19 EVIDENCE OF BAD CHARACTER: CJA 2003 Definitions 20 EVIDENCE OF BAD CHARACTER: CJA 2003 Gateways 21 THE EXCLUSIONARY DISCRETION 22 THE CHILD DEFENDANT I SILENCE 23 SILENCE AS A CONFESSION 24 THE RIGHT TO REMAIN SILENT: Introduction 25 THE RIGHT TO REMAIN SILENT WHEN INTERVIEWED 26 THE OPERATION OF SECTION 34 27 FOLLOWING LEGAL ADVICE TO REMAIN SILENT J THE RULE AGAINST HEARSAY 28 INTRODUCTION TO HEARSAY 29 HEARSAY: POLICY AND PRACTICE 30 WHAT IS HEARSAY EVIDENCE? 31 THE RULE AGAINST HEARSAY EVIDENCE 32 THE STATUTORY DEFINITION OF HEARSAY EVIDENCE 33 STATUTORY CATEGORIES OF ADMISSIBILITY 34 CASES WHERE THE WITNESS IS UNAVAILABLE 35 CASES INVOLVING -
Risk, Responsibility and Robens: the Transformation of the British System of Occupational Health and Safety Regulation, 1961–1974
Risk, Responsibility and Robens: The Transformation of the British System of Occupational Health and Safety Regulation, 1961–1974 Christopher Sirrs Over the last twenty years, three short words have come to dominate many discussions about the control of risks: ‘health and safety’. In colloquial use, the term embodies a multitude of concerns about the impact of everyday actions on the bodies and minds of individuals; it also commonly conflates what are often separate areas of statutory regulation, particularly road safety, food safety and environmental regulations. Together with two other words often uttered in the same sentence, ‘gone mad’, ‘health and safety’ is often used as a kind of shorthand for bureaucracy, and the whole gamut of rules and regulations that have evolved in response to the risks of everyday life.1 The equation of ‘health and safety’ with protective rules and regulations in general may not be (for want of a better word) accidental, since over the last fifty years in Britain and other industrialized countries, regulatory systems addressing the ‘health and safety’ of workers and other key groups, such as the public, have undergone a period of unprecedented expansion. Universal legislative protection has been extended to employees against the risks of work, whilst occupational safety legislation has become decentred from its historic focus, the workplace, to address the impact of work on the wider public and environment. New regulatory agencies, such as Britain’s Health and Safety Executive (HSE), have been established with the dedicated aim of protecting people from risk, while the health and safety of workers has been given explicit recognition in the legislation underpinning the European Union. -
The Poor Law of Lunacy
The Poor Law of Lunacy: The Administration of Pauper Lunatics in Mid-Nineteenth Century England with special Emphasis on Leicestershire and Rutland Peter Bartlett Thesis submitted for the degree of Doctor of Philosophy, University College London. University of London 1993 Abstract Previous historical studies of the care of the insane in nineteenth century England have been based in the history of medicine. In this thesis, such care is placed in the context of the English poor law. The theory of the 1834 poor law was essentially silent on the treatment of the insane. That did not mean that developments in poor law had no effect only that the effects must be established by examination of administrative practices. To that end, this thesis focuses on the networks of administration of the poor law of lunacy, from 1834 to 1870. County asylums, a creation of the old (pre-1834) poor law, grew in numbers and scale only under the new poor law. While remaining under the authority of local Justices of the Peace, mid-century legislation provided an increasing role for local poor law staff in the admissions process. At the same time, workhouse care of the insane increased. Medical specialists in lunacy were generally excluded from local admissions decisions. The role of central commissioners was limited to inspecting and reporting; actual decision-making remained at the local level. The webs of influence between these administrators are traced, and the criteria they used to make decisions identified. The Leicestershire and Rutland Lunatic asylum provides a local study of these relations. Particular attention is given to admission documents and casebooks for those admitted to the asylum between 1861 and 1865. -
Bringing in the Inspector: the Framing and Enforcement of the Early Factory Legislation in Britain, 1825-1900
DEPARTMENT OF CHILD STUDIES Bringing in the Inspector: the Framing and Enforcement of the Early Factory Legislation in Britain, 1825-1900 Per Batin Hart 1996:14 IRIEIP(Q)IRlr~ (Q)N lrIBlIB CIBNllJlF(Y OIF lrIHIIB CIHIKILlD> WORKING PAPERS ON CHILDHOOD AND THE STUDY OF CHILDREN :::1 2 Preface The road to the completion of this text has been uncommonly long and winding. The major points on the enforcement issue were written during some intense and sleepless nights in Edinburgh in the early spring of 1987, and the final additions and alterations have been made almost nme years later, in the autumn of 1996. At this moment, I would like to express my gratitude to Dr. Roger Davidson, Edinburgh University, and Dr. Ingemar Norrlid, University College of Karlskrona, for encouraging me during the initial stages of my work on the British Factory Inspectorate. I am also grateful to Dr. Colin Heywood, University of Leicester, for several discussions on French labour legislation and its enforcement during the 19th century. Finally, to Professor Bengt Sandin and my former colleagues at the Department of Child Studies, Linkoping University, I want to express my deep gratitude for all the stimulating and thought-provoking seminars we have had together during these last few years. Stockholm, November 1996 Per Bolin Hort 3 Part I The Making of the British Factory Legislation, 1825-1834, The question of child labour in textile factories was a recurrent issue in British politics during the early decades of the 19th century. In fact, during the turbulent politics of the early 1830s the issue of 'infant slavery' in the textile mills was an issue which threatened to make or break governments. -
A Selection of Technical Reports Submitted to the Aberfan Tribunal
Welsh Office A Selection of Technical Reports Submitted to The Aberfan Tribunal i London : Her Majesty's Stationery Office 1969 Printed image digitised by the University of Southampton Library Digitisation Unit A Selection of Technical Reports submitted to the Aberfan Tribunal Foreword In our Report* published last year we said that as soon as we were constituted as a Tribunal we arranged for a series of scientific investi- gations to be started under the general direction of Professor A.W. Bishop, London University. The National Coal Board brought in expert members of its own staff and also independent experts and the Aberfan Parents' and Residents' Association likewise engaged independent expert advisers. In addition certain other investigations were put in hand on behalf of some of the parties who appeared before the Tribunal. In view of their scientific interest, we thought it right to arrange for the separate publication of seven of the reports submitted by these experts to the Tribunal, and they are reproduced here with exactly the same text as was originally submitted. Most of the original drawings were unsuitable for reproduction within the size of this publication and many have been re-drawn. In some cases there was sufficient similarity between the drawings used by different experts to make it possible to use one drawing here without detracting from the information given in the original report. Certain of the written reports submitted to the Tribunal were required simply as formal evidence and these have not been reproduced in this publication. The task of preparing this volume for publication has been performed by Mr A.D.M. -
Offices, Shops and Railway Premises Act 1963
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Offices, Shops and Railway Premises Act 1963. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Offices, Shops and Railway Premises Act 1963 1963 CHAPTER 41 An Act to make fresh provision for securing the health, safety and welfare of persons employed to work in office or shop premises and provision for securing the health, safety and welfare of persons employed to work in certain railway premises; to amend certain provisions of the Factories Act 1961; and for purposes connected with the matters aforesaid. [31st July 1963] Annotations: Modifications etc. (not altering text) C1 Act extended by Atomic Energy Authority Act 1971 (c. 11), s. 18(1) C2 Act amended by S.I. 1988/1222, regs. 3, 4 C3 Act amended by S.I. 1990/1380, reg. 3 Act saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII, s. 62 C4 Act saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s, 61(1)(f) Scope of Act 1 Premises to which this Act applies. (1) The premises to which this Act applies are office premises, shop premises and railway premises, being (in each case) premises in the case of which persons are employed to work therein. -
Impact Assessment Template
Title: Coal Tip Safety in Wales IA No: LACOM0072 Impact Assessment (IA) RPC Reference No: Date: Law Commission Lead department or agency: Stage: Development/Options Other departments or agencies: Welsh Government Source of intervention: Domestic Type of measure: Primary legislation Contact for enquiries: [email protected] Summary: Intervention and Options RPC Opinion: RPC Opinion Status Cost of Preferred (or more likely) Option (in 2019 prices) Total Net Present Business Net Present Net cost to business per Social Value Value year Business Impact Target Status Qualifying provision £m £m £m What is the problem under consideration? Why is government action or intervention necessary? Current legislation relating to coal tips does not effectively address the management of disused coal tips. This is important as coal tip landslips can have devastating effects. In 1966 a coal tip slipped onto a primary school, killing 144 people. Existing legislation relates to a time when there was an active coal industry, and disused coal tips were not considered such a problem. Record-breaking rainfall accompanying Storms Ciara/Dennis in February 2020 led to coal tip landslips. This illustrates the potential risks that disused coal tips present to communities and to the environment. Government intervention is required to design and implement a new regulatory system. What are the policy objectives of the action or intervention and the intended effects? The policy objectives are to: Identify gaps, inconsistencies and approaches in the current law which are unhelpful or have become outdated. Identify options for alternative regulatory models appropriate for adoption in Wales Ensure a robust, integrated and future-proofed regulatory system for coal tips which adopts a uniform approach to inspection, maintenance and record-keeping. -
Leonard Horner: a Portrait of an Inspector of Factories
BERNICE MARTIN LEONARD HORNER: A PORTRAIT OF AN INSPECTOR OF FACTORIES Leonard Horner was the most impressive and influential of the first English factory inspectors. For 26 years from 1833 to 1859 he adminis- tered the Factory Act mainly in the textile district of Lancashire. His work and that of his colleagues in the Factory Department made a success of this major experiment in legislative intervention in industry and despite the gloomy predictions of their early opponents they did not ruin the British economy in the process. The first generation of Inspectors laid the foundation for successive extensions of the Factory Act so that by the end of the 19th century working conditions and hours of labour for women and children were under legal regulation in all the major branches of manufacturing industry. Horner was ac- knowledged by his contemporaries to be the major figure among the early Inspectors; he even had the singular honour of being praised by Marx in Capital. This short biography will concentrate on Horner's work as Inspector of Factories since this is undoubtedly his major achievement. However it will also be concerned with other aspects of his life and interests, both because these have some importance in their own right and also in order to examine the extent to which Horner's life and thought form a coherent whole. Finally, an assessment will be made of Horner's place in social reform and in the development of English economic and social policy in the 19th century. I HORNER'S EARLY LIFE AND CAREER1 Leonard Horner was born in Edinburgh in 1785. -
Health and Safety at Work Etc Act 1974 Page 1
Health and Safety at Work etc Act 1974 Page 1 1 of 102 DOCUMENTS: UK Legislation (Health and Safety)/UK Parliament Statutes/Health and Safety at Work etc Act 1974 (1974 c 37) TOPIC SEARCH CATEGORIES: Legal duties; Managing health and safety; Employers; Managers; Public; Safety representatives Health and Safety at Work etc Act 1974 1974 CHAPTER 37 An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in con- nection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes [31st July 1974] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Par- liament assembled, and by the authority of the same, as follows:- 2 of 102 DOCUMENTS: UK Legislation (Health and Safety)/UK Parliament Statutes/Health and Safety at Work etc Act 1974 (1974 c 37)/Part I Health, Safety and Welfare in Connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere/1 Preliminary Part I Health, Safety and Welfare in Connection with Work, and Control of Dangerous Substances and Certain