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Offence in case of death or injury.
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103.—(1) If any person is killed, dies or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act or any regulation or order made thereunder, the occupier or owner shall, without prejudice to any other offence, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds, but—
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(a) the occupier or owner shall not be guilty of an offence under this section if a prosecution against him under this Act, in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred,
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(2) The whole or any part of a fine in respect of an offence under this section may be applied as the court determines and, in particular, the court may determine that the whole or any part of the fine shall be applied, in the case of a death, for the benefit of the family of the deceased or, in the case of an injury, for the benefit of the injured person or his family, but no such application shall operate to prevent the maintenance of any civil proceedings in relation to the death or injury.
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