Dock Work Act 1989

SCHEDULES

Section 7(1).

SCHEDULE 1 Repeals

Part I Repeals taking effect on Royal Assent

1946 c. 22.	Dock Workers (Regulation of Employment) Act 1946.	The whole Act.
1966 c. 28.	Docks and Harbours Act 1966.	Parts I and II.
		Sections 51 to 57.
		Section 58(2) to (5).
		Section 59.
		Section 60(2) to (4).
		Schedule 1.
1968 c. 73.	Transport Act 1968.	Section 153.
1971 c. 32.	Attachment of Earnings Act 1971.	Section 25(4).
1975 c. 71.	Employment Protection Act 1975.	Section 119(3).
1976 c. 79.	Dock Work Regulation Act 1976.	Sections 2 to 12.
		Section 13(1)(a) and (2).
		Section 14.
		Section 15(2) and (3).
		Section 16.
		Section 17(3) and (4).
		Schedules 2 to 6.
1978 c. 44.	Employment Protection (Consolidation) Act 1978.	Section 145.
		In section 149(1)(c), “145(1), (2) and (3)”.
		In Schedule 16, paragraph 27(1).
1981 c. 21.	Ports (Financial Assistance) Act 1981.	Section 2.
1981 c. 56.	Transport Act 1981.	In Part I of Schedule 5, paragraphs 13 and 14(6).
1982 c. 10.	Industrial Training Act 1982.	In Schedule 3, paragraph 1.
1982 c. 46.	Employment Act 1982.	In Schedule 3, paragraph 27(2)(b) and (3)(b) and the “and” immediately preceding each of those provisions.
1985 c. 30.	Ports (Finance) Act 1985.	Section 1.

Part II Repeals taking effect on dissolution of Board

1975 c. 24.	House of Commons Disqualification Act 1975.	In Part III of Schedule 1, the entry relating to the Chairman or Vice-Chairman of the Board.
1976 c. 79.	Dock Work Regulation Act 1976.	Section 1.
		Section 13(1) so far as unrepealed.
		Section 15(1).
		Section 17(1) and (2).
		Section 18.
		Schedule 1.
1978 c. 44.	Employment Protection (Consolidation) Act 1978.	In Schedule 16, paragraph 27(2).
1985 c. 9.	Companies Consolidation (Consequential Provisions) Act 1985.	In Schedule 2, the entry relating to the Dock Work Regulation Act 1976.

Section 7(5).

SCHEDULE 2 Transitional provisions and savings

Transfer of rights and liabilities of local boards

1 (1) Any rights and liabilities to which any local board is entitled or subject immediately before the date of the passing of this Act (whether or not capable of being assigned by the board) shall on that date become rights and liabilities of the Board.

(2) Every agreement (whether written or not), and every instrument or other document, which relates to any such right or liability as is mentioned in sub-paragraph (1) shall have effect, so far as may be required for continuing its effect during the transitional period, as if—

(a) where the local board is a party to it, the Board were substituted as that party, and

(b) for any reference to the local board there were substituted a reference to the Board.

(3) In this paragraph “local board” means any such board as is mentioned in section 1(2) of this Act.

Effect of documents relating to National Dock Labour Board or local boards as from dissolution date

2 Every agreement (whether written or not), and every instrument or other document, which relates to—

(a) any property, right or liability of the Board which vests in the Secretary of State by virtue of section 2(6) of this Act, or

(b) any such right or liability as is mentioned in paragraph 1(1) above,

shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—

(i) where the Board is (or immediately before that date was treated as) a party to it, the Secretary of State were substituted as that party,

(ii) for any reference to the Board (including any reference which was then to be construed as such a reference) there were substituted a reference to the Secretary of State,

(iii) for any reference (however worded and whether express or implied) to the chairman or vice chairman or any member of the Board (including any reference which was then to be construed as such a reference) there were substituted a reference to such officer or officers as the Secretary of State shall appoint for the purpose, and

(iv) for any reference to the office or place of business of the Board (including any reference which was then to be construed as such a reference) there were substituted a reference to the principal office of the Secretary of State.

Legal proceedings by or against the Board

3 Any legal proceedings to which the Board was a party immediately before the dissolution date may be continued on or after that date by or in relation to the Secretary of State.

Temporarily unattached or suspended workers

4 (1) This paragraph applies to an employee who, immediately before the commencement date—

(a) was a temporarily unattached worker and was not in the employment of a registered employer, or

(b) was a registered dock worker under a period of suspension from the 1967 Scheme imposed in accordance with that Scheme;

but does not apply to any employee falling within paragraph (b) who was at that time a supplementary worker.

(2) Where the previous employer of an employee to whom this paragraph applies was, immediately before the commencement date, a registered employer carrying on a dock business—

(a) the employee shall for all purposes be taken to have entered into a contract of employment on the commencement date with his previous employer on the same terms and conditions as those of his previous contract of employment, and

(b) subsection (3) of section 6 of this Act shall apply in relation to the employee as it applies in relation to an employee to whom that section applies.

(3) Where—

(a) by virtue of sub-paragraph (2)(a) an employee to whom this paragraph applies is taken to have entered into a new contract of employment with his previous employer, and

(b) the employer subsequently dismisses the employee,

then, in determining for any purpose whether the reason for the dismissal was such as to justify the dismissal of an employee holding the position which the employee held and whether the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, account may be taken of the employee’s conduct during his employment with the employer under his previous contract of employment.

(4) Where the previous employer of an employee to whom this paragraph applies was not, immediately before the commencement date, a registered employer carrying on a dock business, then, for the purposes of section 5 of this Act and any scheme made under that section, the employee shall, subject to sub-paragraph (5), be treated as dismissed by his previous employer on the commencement date by reason of redundancy.

(5) Regulations made under section 5 may provide that, in such circumstances as may be prescribed by the regulations, an employee to whom sub-paragraph (4) applies is not to be treated as dismissed by reason of redundancy as mentioned in that sub-paragraph.

(6) In this paragraph—

(a) “the commencement date” means the date of the passing of this Act;

(b) references to “dismissal” and “dismiss” shall be construed in accordance with section 55 of the 1978 Act;

(c) “dock business” means any business or undertaking which consists of or includes the carrying out of dock work (within the meaning of the 1967 Scheme); and

(d) in relation to an employee to whom this paragraph applies—

(i) “previous employer” means the person (other than the Board) by whom he was last employed under the 1967 Scheme; and

(ii) “previous contract of employment” means the contract of employment under which he was employed by the previous employer immediately before that employment ended.

Workers on temporary transfer

5 A permanent worker who, immediately before the date of the passing of this Act—

(a) was, in accordance with the 1967 Scheme, on temporary transfer from the registered employer by whom he was employed as a permanent worker (“the permanent employer”), and

(b) was, by virtue of Clause 8(10) of that Scheme, deemed for the purposes of that Scheme to have remained in the employment of the permanent employer,

shall for all purposes (including the purposes of sections 5 and 6 of this Act and any scheme made under section 5) be deemed to have remained in the employment of the permanent employer.

Application of certain provisions of the 1978 Act

6 Where a registered dock worker was, in accordance with any provision of the 1967 Scheme, given a notice terminating his employment on or after the date of the passing of this Act, that notice shall not be affected by the Scheme ceasing to have effect by virtue of section 1(1) of this Act; and nothing in sections 49 to 51 of the 1978 Act (termination of employment) shall apply in relation to that employment.

7 (1) This paragraph applies to any employment to which section 145(2) of the 1978 Act (employment as registered dock worker) applied immediately before the date of the passing of this Act.

(2) Neither section 122 of the 1978 Act (employee’s rights on insolvency of employer) nor section 123 of that Act (payment of unpaid contributions to personal or occupational pension scheme on insolvency of employer) shall have effect in relation to any such employment unless the employer becomes insolvent for the purposes of that section on or after the date of the passing of this Act; and, in such a case—

(a) section 122 shall so have effect whether any debt, or part of a debt, mentioned in subsection (3) of that section became payable to the employee before or after that date, and

(b) section 123 shall so have effect whether any relevant contributions (within the meaning of that section) fell to be paid by the employer before or after that date.

Preservation of liability of registered employer to contribute to costs of 1967 Scheme

8 (1) Where immediately before the date of the passing of this Act a registered employer was liable to make any payment under Clause 21(1) of the 1967 Scheme towards the cost of operating the Scheme, the liability to make that payment shall not be affected by the Scheme ceasing to have effect by virtue of section 1(1) of this Act.

(2) Sub-paragraph (1) shall not be construed as prejudicing the generality of section 16 of the [1978 c. 30.] Interpretation Act 1978 (general savings).

Extinguishment of certain rights and liabilities arising under Part I of Docks and Harbours Act 1966

9 (1) Subject to sub-paragraph (2), the repeal by this Act of Part I of the [1966 c. 28.] Docks and Harbours Act 1966 shall operate to extinguish—

(a) any right to compensation under section 13 of that Act which has not been satisfied before the date of the passing of this Act; and

(b) any liability in respect of a sum which has become payable under a levy imposed under section 18 of that Act but has not been paid before that date.

(2) Sub-paragraph (1)(a) does not apply to a right to compensation under section 13 of that Act in respect of any matter if, before the date of the passing of this Act, a determination has been made under section 16(1) of that Act as to whether any such compensation is payable; and sections 13, 14, 16, 18 and 19 of that Act shall continue to have effect in connection with any such compensation as if this Act had not been passed.