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HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938

HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - LONG
TITLE

An Act to regulate the fumigation of premises and articles with
hydrogen cyanide; and for purposes connected with the matters
aforesaid.{1}
[10th May 1938]
Power to make regulations.

HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - SECT 1

1.(1) With a view to protecting persons from danger in connection
with the fumigation of premises and articles (including any ship,
vehicle or aircraft) with hydrogen cyanide, the Minister of Home
Affairs may make regulations with respect to such fumigation and,
without prejudice to the generality of the foregoing provision, the
regulations may

(a)regulate the manner in which the hydrogen cyanide is to be
generated and require the admixture therewith of any substance;

(b)prohibit the carrying out of any such fumigation except by or
under the supervision of persons having such training or experience
as may be specified in the regulations and by such number of
persons as may be so specified;

(c)regulate the disposal of the residues of any substances used in
the fumigation;

(d)for the purpose of preventing injurious effects resulting from the
fumigation, impose temporary restrictions upon the use of any
premises or article, and require such tests as may be specified in
the regulations to be carried out after the fumigation;

(2) Regulations made under this section shall not apply to the
fumigation of rabbit warrens or to fumigation carried out in the
open air.

(3) If any person contravenes or fails to comply with any
regulation made under this section, he shall, on summary conviction,
be liable in respect of each offence to a fine not exceeding fifty
pounds.

(4) All regulations made by the Minister of Home Affairs under this
section shall be laid before Parliament as soon as may be after
they are made.

HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - SECT 2
Notice to be given of accidents resulting from fumigation.

2.(1) Whenever any accident which occasions loss of human life or
personal injury occurs as the result of the fumigation of any
premises or article with hydrogen cyanide, the person by whom, or
by whose agent, the fumigation was carried out shall forthwith send
or cause to be sent to the Minister of Home Affairs notice of the
accident and of the loss of human life or personal injury.

(2) Every such person as aforesaid who fails to comply with the
provisions of this section shall be liable on summary conviction to
a fine not exceeding five pounds.

HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - SECT 3
Application of certain provisions relating to inquiries and coroners'
inquests.

3. The provisions of sections fourteen and fifteen of the Petroleum
(Consolidation) Act (Northern Ireland), 1929 (which relate to
inquiries into accidents and to coroners' inquests on deaths
resulting from accidents), shall, as set out with modifications in
the Schedule to this Act, apply in relation to accidents of which
notice is required by this Act to be given to the Minister of
Home Affairs.

HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - SECT 4
Power to make Orders in Council applying the Act to fumigations
with other gases.

4.(1) The Governor of Northern Ireland may by Order in Council
apply the provisions of this Act, or such of those provisions as
may be specified in the Order in Council, to fumigation with any
substance other than hydrogen cyanide in like manner as they apply
to fumigation with hydrogen cyanide, subject to such adaptations (if
any), as may be necessary, having regard to the nature of the said
substance:

Provided that a draft of any such Order as aforesaid shall not be
presented to the said Governor in Council until a copy thereof has
lain before each House of Parliament for the statutory period, and,
if either House within that period resolves that the draft be not
so presented, no further proceedings shall be taken thereon.

For the purpose of this sub-section the expression "statutory period"
means...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI12 art.10

(2) Any Order in Council made under this section may be varied or
revoked by a subsequent Order in Council made in like manner and
subject to the like provisions.

HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - SECT 5
Short title.

5. This Act may be cited as the Hydrogen Cyanide (Fumigation) Act
(Northern Ireland), 1938.Inquiry into accidents.

14. The Minister of Home Affairs may direct an inquiry to be made
by such person as he may appoint into the cause of any accident
of which notice is required by this Act to be given to the said
Minister, and where it appears to the said Minister either before
or after the commencement of any such inquiry, that a more formal
investigation of the accident, and of the causes and circumstances
thereof, is expedient, he may by order direct a formal investigation
to be held, and with respect to inquiries and investigations made
or held under this Act the following provisions shall have effect:

(a)the Minister of Home Affairs may, by the same or any subsequent
order, appoint any person or persons possessing legal or special
knowledge to assist in holding a formal investigation, or may direct
such county court judge, resident magistrate appointed under the
Summary Jurisdiction and Criminal Justice Act (Northern Ireland),
1935, or under the Constabulary Acts as defined by that Act, or
other person or persons as may be named in the order, to hold
such an investigation with the assistance of any assessor or
assessors named in the order:

(b)the persons holding any formal investigation (in this section
referred to as "the court") shall hold it in open court in such
manner and under such conditions as they think most effectual for
ascertaining the causes and circumstances of the accident, and for
enabling them to make the report in this section mentioned:

(c)the court shall have for the purpose of the investigation all
the powers of a court of summary jurisdiction when acting as a
court in hearing informations for offences against this Act, and in
addition the following powers, namely

(i)they may enter and inspect any place or building and may inspect
any article the entry or inspection whereof appears to them
requisite for the said purpose;

(ii)they may by summons under their hands require the attendance of
all such persons as they think fit to call before them and examine
for the said purpose, and may for the said purpose require to be
furnished to them answers or returns to such inquiries as they
think fit to make;

<(iii)they may require the production of all books, papers and documents which they consider important for the said purpose;

<(iv)they may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination:

(d)persons attending as witnesses before the court shall be allowed
such expenses as would be allowed to witnesses attending before a
civil bill court:

(e)if any person without reasonable excuse (proof whereof shall lie
on him) fails, after having had the expenses (if any) to which he
is entitled tendered to him, to comply with any summons or
requisition of a court holding an investigation under this Act, or
prevents or impedes the court in the execution of their duty, he
shall be liable on summary conviction to a fine not exceeding ten
pounds, or, in the case of a failure to comply with a requisition
for furnishing any return or producing any document, not exceeding
ten pounds for every day on which the failure occurs or continues:

(f)the person appointed to make an inquiry into any accident and
the court holding an investigation of any accident under this
section shall make a report to the Minister of Home Affairs,
stating the causes of the accident and all the circumstances
attending it, and containing any observations thereon or on the
evidence or on any matters arising out of the inquiry or
investigation which he or they think right to include in the
report, and the said Minister shall cause every report so made to
him to be made public in such manner as he thinks expedient.15.(1)
Where a coroner holds an inquest upon the body of any person whose
death may have been caused by any accident of which notice is
required by this Act to be given to the Minister of Home Affairs,
the coroner shall adjourn the inquest unless some person on behalf
of the said Minister is present to watch the proceedings:

Provided that, if the accident has not occasioned the death of more
than one person, and the coroner has sent to the Minister of Home
Affairs notice of the time and place of holding the inquest not
less than forty-eight hours before the time of the holding thereof,
it shall not be imperative on him to adjourn the inquest in
pursuance of this section, if the majority of the jury think it
unnecessary that he should do so.

(2) The coroner, before the adjournment, may take evidence to
identify the body, and may order the interment thereof.

(3) The coroner, at least four days before holding the adjourned
inquest, shall send to the Minister of Home Affairs notice in
writing of the time and place of holding the adjourned inquest.

(4) A person employed on behalf of the Minister of Home Affairs
shall be at liberty at any such inquest as aforesaid to examine
any witness, subject nevertheless to the order of the coroner on
points of law.

(5) Where at any inquest there is given evidence of any neglect
having caused or contributed to an accident, the coroner shall, if
no person employed on behalf of the Minister of Home Affairs is
present at the inquest, send to the Minister of Home Affairs notice
in writing of the neglect.