Transport Act 1968

137 Machinery for negotiation and consultation with staff. E+W+S

(1)This section applies to the following authorities, namely—

(a)F1. . .the Waterways Board. . . F2;

(b)the new authorities;

(c)the Executive for any [F3area which is a passenger transport area for the purposes of Part II] of this Act.

(2)In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—

(a)the settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b)the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; and

(c)the promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.

(3)Every authority to whom this section applies shall send—

(a)except in the case of such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;

(b)in the case of such an Executive, to the [F4Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority)],

copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.

(4)Every authority to whom this section applies shall from time to time, at such times and within such period as—

(a)except in the case of such an Executive as aforesaid, the Minister; or

(b)in the case of such an Executive, the [F5relevant Passenger Transport Authority],

may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Authority so established as to the progress or lack of progress made in arriving at such agreements as aforesaid.

(5)Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.

(6)Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.

[F6(7)In this section “the Minister”—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to the Scottish Group, means the Secretary of State for Scotland; and

[F8(c)in relation to the British Waterways Board or any other authority, means [F9the Secretary of State for Transport].]]

(8)Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . . F2

Extent Information

E1This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Words in s. 137(1)(a) repealed (6.1.1994) by ss. 150(1)(o), 152(1)(3), Sch. 12 para. 6(7), Sch. 14; S.I. 1993/3237, art 2(2)

F2Words repealed by S.I. 1973/338, Sch. 2

F3Words commencing “area which is" substituted (E.W.S.) for words commencing “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18

F4Words commencing “Passenger Transport Authority" substituted (E.W.S.) for words commencing “Authority" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18(b)

F5Words commencing “relevant" substituted (E.W.S.) for words commencing “Authority established" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18(c)

F6S. 137(7) substituted by S.I. 1976/1775, Sch. 3 para. 8

F7S. 137(7)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(a)

F8S. 137(7)(c) substituted (26.1.1998) by 1997/2971, art. 6(1), Sch. para. 3(b)

F9Words in s. 137(7)(c) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 5

Modifications etc. (not altering text)

137 Machinery for negotiation and consultation with staff. N.I.

(1)This section applies to the following authorities, namely—

(a)F10. . ., the Waterways Board. . . F11;

(b)the new authorities;

(c)the Executive for any designated area within the meaning of section 9(1) of this Act.

(2)In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—

(a)the settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b)the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; and

(c)the promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.

(3)Every authority to whom this section applies shall send—

(a)except in the case of such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;

(b)in the case of such an Executive, to the Authority established under the said section 9(1) for the designated area in question,

copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.

(4)Every authority to whom this section applies shall from time to time, at such times and within such period as—

(a)except in the case of such an Executive as aforesaid, the Minister; or

(b)in the case of such an Executive, the Authority established as aforesaid,

may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Authority so established as to the progress or lack of progress made in arriving at such agreements as aforesaid.

(5)Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.

(6)Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.

[F12(7)In this section “the Minister”—

F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to the Scottish Group, means the Secretary of State for Scotland; and

[F14(c)in relation to the British Waterways Board or any other authority, means [F15the Secretary of State for Transport].]]

(8)Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . . F11

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only

Textual Amendments

F11Words repealed by S.I. 1973/338, Sch. 2

F12S. 137(7) substituted by S.I. 1976/1775, Sch. 3 para. 8

F13S. 137(7)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(a)

F14S. 137(7)(c) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(b)

F15Words in s. 137(7)(c) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 5

Modifications etc. (not altering text)