SCHEDULES
F38SCHEDULE 1
Part I Constitution Etc. of Advisory, Conciliation and Arbitration Service and its Council
The Council
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
F66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
F99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Central Arbitration Committee
Constitution
F1414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
F1717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1818
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2020
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Awards
F2222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
F2525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Supplementary Provisions
Remuneration and allowances
F2828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2929
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sums payable on retirement
F3030
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34 Expenses of hearings before the Certification Officer
Sch. 1 Pt. III para. 32A inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 22(3)
F3332A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses
F3533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts
F3634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39F39SCHEDULES 2—6
Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
F40F40SCHEDULES 7—8
Ss. 89–96, Schs. 7, 8, Sch. 17 para. 11 repealed by Wages Councils Act 1979 (c. 12), Schs 5, 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
SCHEDULE 9M1Amendments of Agricultural Wages Act 1948
C1Part I Section 3, AS SUBSTITUTED
The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
3 Power of Agricultural Wages Board to fix wages, holidays and other terms and conditions.
1
Subject to and in accordance with the provisions of this section, the Board shall have power, for each county for which an agricultural wages committee is established under this Act, to make an order in accordance with the provisions of Schedule 4 to this Act—
a
fixing minimum rates of wages ;
b
directing holidays to be allowed ;
c
fixing any other terms and conditions of employment ;
for workers employed in agriculture.
2
The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—
a
fixing minimum rates for time work ;
b
fixing minimum rates for piece work ;
c
fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis ; or
d
fixing separate minimum rates by way of pay in respect of holidays:
Provided that the minimum time rate for piece work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.
2A
it shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.
3
An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—
a
shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of holiday have been or are being fixed under this section for that worker ;
b
shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday ; and
c
subject as aforesaid, may make provision as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.
3A
An order under this section fixing separate minimum rates of wages in respect of holidays may make provision—
a
with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and
b
for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to the allowed a holiday by him, nevertheless become payable by the employer to the worker.
4
any such minimum rates of wages as are mentioned in subsection (2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment, or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.
In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.
5
An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 4 to this Act) the original proposals to which effect is given, with or without modifications, by the order.
6
Any increase of wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—
a
in the case of a worker who is in the employment of the employer on that date, a period beginning with that date ;
b
in the case of a worker who is no longer in the employment of the employer on that date a period beginning with that date or the date on which the employer receives from the worker or person acting on his behalf a request in writing for those wages, whichever is the later.
7
Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that Workers employed in agriculture receive remuneration calculated by reference to periods during the currerncy of their employment.
Part II Minor and Consequential Amendments
1
In section 4(1) (enforcement) after paragraph (c) there shall be inserted the words “or
d
to pay to any such worker arrears of wages within the period specified in the order”;
and accordingly references in the provisions of that section following that paragraph and in any other provisions of the Agricultural Wages Act 1948 to wages or to the payment of wages at a rate not less than the minimum rate or the minimum rate applicable shall include references to arrears of wages or their payment, as the case may require.
2
C21
In section 5 (permits to incapacitated persons) after subsection (2) insert the following subsection:—
2A
If on an application in that behalf an agricultural wages committee are satisfied that a worker employed or desiring to be employed in their county is so affected by any physical injury or mental deficiency, or any infirmity due to age or any other cause, as to make it inappropriate for any terms and conditions of employment (other than those with respect to wages and holidays) fixed by an order under this Act to apply to him, the committee shall grant him, subject to any conditions they may determine, a permit dispensing, as from the date of the application or a later date specified in the permit, with a term or condition specified in the order, and while the permit is in force and any conditions to which the permit is subject are complied with, the terms and conditions fixed by the order shall be deemed to be observed.
C22
In section 5(3) (revocation of permit) after the words “subsection (1)” in both places where they occur insert the words “or (2A)”.
C23
In section 5(4) (variation of condition of permit) at the end insert the words “and, in the case of a variation caused by a change made by an order under this Act in the minimum rates of wages, that variation shall take effect from a date specified in the direction, not being earlier than the date of the change”.
C24
After section 5(4) insert the following subsection:—
4A
Any increase of wages payable by virtue of a variation of a permit under subsection (4) of this section in respect of any time before the date of the variation shall be paid by the employer within a period specified in the order being—
a
in the case of a worker who is in the employment of the employer on the date on which notice of the variation is given in accordance with subsection (5) of this section, a period beginning with that date ;
b
in the case of a worker who is no longer in the employment of the employer on the date referred to in the last preceding paragraph, a period beginning with that date or the date on which the employer receive from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later
3
C31
In section 11(1) (void agreements) at the end add the following paragraph:—
c
any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed
C32
In section 11(2) (saving for more favourable agreements), at end add the words “or a term or condition of a contract of employment that is not consistent with a term or condition so fixed”.
4
C41
In section 12(3)(a) (inspection of records), at the end add the words “and records of terms and conditions of employment of such workers”.
C42
In section 12(5) omit the words from “ and in any such civil proceedings” onwards, and at the end of that subsection insert the following subsections:—
5A
Where it appears to an officer so appointed that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the officer(if he is authorised as aforesaid) may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.
5B
In any civil proceedings instituted by an officer by virtue of this section the court shall, if the officer is not a party to the proceedings, have the same power to make an order for the payment of costs by the officer as if he were a party to the proceedings.
C43
In section 12, for subsection (6) (saving for ordinary right to bring proceedings) substitute the following subsection:—
6
Nothing in subsection (5) or (5A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections of proceedings of any description mentioned in those subsections.
5
The provisions specified in column 1 of the following Table (which create offences) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that provision were a fine not exceeding the amount specified in column 3 of that Table instead of a fine not exceeding the amount specified in column 2 of that Table.
Provision | Old maximum fine | New maximum fine |
---|---|---|
Section 4(1) (failure to pay wages, or arrears, or allow holidays). | £20 and in addition £1 for each day on which the offence is continued after conviction. | F41level 3 on the standard scalean additional £5 for each day on which the offence is continued after conviction. |
Section 6(6) (payment of unlawful premiums). | £20. | F41level 3 on the standard scale |
Section 12(7) (hindering officers (paragraph (a)), failure to produce documents or information (paragraph (b)), producing false documents (paragraph (c)) and furnishing false information (paragraph (d))). | £20. | F41level 3 on the standard scalein the case of an offence under paragraph (a) or (b) and F41level 5 on the standard scalein the case of an offence under paragraph (c) or (d). |
C56
In paragraph 6 of Schedule 4 (power to vary and revoke orders) omit the words from the beginning to “holidays”.
SCHEDULE 10M3Amendments of Agricultural Wages (Scotland) Act 1949
C6Part 1 Section 3, As Substituted
The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
3 Power of Scottish Agricultural Wages Board to fix rates of wages and holidays.
1
Subject to and in accordance with the provisions of this section, the Board shall have power to make an order in accordance with the provisions of Schedule 3 to this Act—
a
fixing minimum rates of wages ;
b
directing holidays to be allowed ;
c
fixing any other terms and conditions of employment
for workers employed in agriculture.
2
The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—
a
fixing minimum rates for time work ;
b
fixing minimum rates for piece work ;
c
fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis ; or
d
fixing separate minimum rates by way of pay in respect of holidays:
Provided that the minimum time rate for piece-work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.
2A
It shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.
3
An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—
a
shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of the holiday have been or are being fixed under this section for that worker ;
b
shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday ; and
c
subject as aforesaid, may make provisions as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.
3A
An order under this section fixing separate minimum rates of wages in respect of holiday may make provision—
a
with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and
b
for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.
4
Any such minimum rates of wages as are mentioned in subsection(2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.
In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.
5
An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 3 to this Act) the original proposals to which effect is given, with or without modifications, by the order.
6
Any increase of wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—
a
in the case of a worker who is in the employment of the employer on that date, a period beginning with that date;
b
in the case of a worker who is no longer in the employment of the employer on that date a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later.
7
Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment.
Part II Minor and Consequential Amendments
1
In section 4(1) (enforcement), after paragraph (c) there shall be inserted the words “or
d
to pay to any such worker arrears of wages within the period specified in the order;”
and accordingly references in the provisions of that section following that paragraph and in any other provisions of the M2Agricultural Wages (Scotland) Act 1949 to wages or to the payment of wages at a rate not less than the minimum rate or the minimum rate applicable shall include references to arrears of wages or their payment, as the case may require.
2
C7F1231
In section 5 (permits to infirm and incapacitated persons), after subsection (2) there shall be inserted the following subsection:—
2A
If on application in that behalf the Secretary of State is satisfied that a worker employed or desiring to be employed is so affected by any physical injury or mental deficiency, or any infirmity due to age or any other cause, as to make it inappropriate for any terms and conditions of employment (other than those with respect to wages and holidays) fixed by an order under this Act to apply to him, the Secretary of State shall grant him, subject to any conditions he may determine, a permit dispensing, as from the date of the application or a later date specified in the permit, with a term or condition specified in the order, and while the permit is in force and any conditions to which the permit is subject are complied with, the terms and conditions fixed by the order shall be deemed to be observed.
C72
In section 5(3) (revocation of permit), after the words “subsection (1)”, in both places where they occur, there shall be inserted the words “or (2A)”.
C73
In section 5(4) (variation of condition of permit),
a
after the words “subsection (1)” there shall be inserted the words “or (2A)”;
b
at the end there shall be inserted the words “and, in the case of variation caused by a change made by an order under this Act in the minimum rates of wages, that variation shall take effect from a date specified in the direction, not being earlier than the date of the change”.
C74
In section 5(4A), after the words “subsection (1)” there shall be the words inserted “or (2A)”.
C75
After section 5(4A) there shall be inserted the following subsection:—
4B
Any increase of wages payable by virtue of a variation of a permit under subsection (4) of this section in respect of any time before the date of the variation shall be paid by the employer within a period specified in the order being—
a
in the case of a worker who is in the employment of the employer on the date on which notice of the variation is given in accordance with subsection (5) of this section a period beginning with that date;
b
in the case of a worker who is no longer in the employment of the employer on the date referred to in the last preceding paragraph, a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later
3
C81
In section 11(1) (void agreements), at end there shall be added the following paragraph:—
c
any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed
C82
In section 11(2) (saving for more favourable agreements), at end there shall be added the words “or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed”.
4
C91
In section 12(3)(a) (inspection of records), at the end there shall be added the words “and records of terms and conditions of employment of such workers”.
C92
In section 12(4), the words from “and in any such civil proceedings” onwards shall be omitted and at the end of that subsection there shall be inserted the following subsections:—
4A
Where it appears to the Secretary of State that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the Secretary of State may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.
4B
In any civil proceedings instituted by the Secretary of State by virtue of this section the court shall, if the Secretary of State is not a party to the proceedings, have the same power to make an order for the payment of expenses by the Secretary of State as if he were a party to the proceedings.
C93
In section 12, for subsection (5) (saving for ordinary right to bring proceedings) substitute the following subsection:— “
Nothing in subsection (4) or (4A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections proceedings of any description mentioned in those subsections
”
.
5
The provisions specified in column 1 of the following Table (which create offences) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that provision were a fine not exceeding the amount specified in column 3 of that Table instead of a fine not exceeding the amount specified in column 2 of that Table.
Provision | Old maximum fine | New maximum fine |
---|---|---|
Section 4(1) (failure to pay wages, or arrears, or allow holidays). | £20 and in addition £1 for each day on which the offence is continued after conviction. | F42level 3 on the standard scaleand an additional £5 for each day on which the offence is continued after conviction. |
Section 6(6)(payment of unlawful premiums). | £20 | F42level 3 on the standard scale |
Section 12(6) (hindering officers (paragraph (a)), failure to produce documents or information (paragraph (b)), producing false documents (paragraph (c)) and furnishing false information (paragraph (d))). | £20 | F42level 3 on the standard scalein the case of an offence under paragraph (a) or (b) and F42level 5 on the standard scalein the case of an offence under paragraph (c) or (d). |
C106
In paragraph 6 of Schedule 3 (power to vary and revoke orders), the words from the beginning to “holidays” shall be omitted.
F43F43SCHEDULE 11
Ss. 11–16, 98, Sch. 11 repealed with saving by Employment Act 1980 (c. 42), Sch. 2 and S.I. 1980/1170, art. 4, Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
F52SCHEDULE 12
Sch. 12 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.
Part I General
Introductory
F441
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Institution or continuance of tribunal proceedings
F452
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F474
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rights and liabilities accruing after death
F485
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F496
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Death during protected period
F507
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
SCHEDULE 13 Amendments of the M4Employment Agencies Act 1973
F531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F542
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F553
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F564
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108C115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C126
1
In section 9(1) for the words “of a licensing authority by them in that behalf” substitute the words “duly authorised in that behalf by the Secretary of State”.
2
In section 9(1)(c) for the words“licensing authority” and“their” substitute respectively the words “Secretary of State” and “his”.
3
In section 9(4)(a)sub-paragraph (ii) and (iii) are hereby repealed, sub-paragraphs (iv) and (v) shall be renumbered as, respectively, sub-paragraphs (ii) and (iv), and after the renumbered sub-paragraph (ii) there shall be inserted the following sub-paragraph—
iii
by the Secretary of State, or an officer or servant appointed by, or persons exercising functions on behalf of, the Secretary of State to the person carrying on or proposing to carry on the employment agency or employment business concerned, to any person in his employment or, in the case of information relating to a person availing himself of the services of such an agency or business, to that person; or
F57. . .
F109C137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 14 Amendments of the M5Employment and Training Act 1973
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
2
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
C143
After section 13(1) insert the following subsection:—
1A
Any reference in this Act to redundancy shall be construed as a reference in the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
6
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 15 Amendments of the M6 Health and Safety at Work Etc. Act 1974
F1111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C152
In section 2, omit subsection (5) and in subsection (7) for the words “subsections (4) and (5)” substitute the words “subsection (4)”.
C163
After section 10(7) insert the following subsection:—
8
For the purposes of any civil proceedings arising out of those functions, the Crown Proceedings Act 1947 and the Crown Suits (Scotland) Act 1857 shall apply to the Commission and the Executive as if they were governments departments within the meaning of the said Act of 1947 or, as the case may be, public departments within the meaning of the said Act of 1857
F1124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C176
In section 15, for subsection (1) substitute—
1
Subject to the provisions of section 50, the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly shall have power to make regulations under this section for any of the general purposes of this part (and regulations so made are in this Part referred to as “health and safety regulations”).
F1147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C189
In section 28, after subsection (8) insert the following subsection—
9
Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection
F11610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1912
In section 43, in subsection (3) omit the words “the Minister of Agriculture, Fisheries and Food” and for subsections (6) and (7) substitute—
6
The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly
C2013
In section 44, in subsection (1) omit the words “agricultural licences and”, and in subsection (7)(a) for the words “an agricultural licence or nuclear or nuclear site licence” substitute the words “a nuclear site licence”.
F11814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
C211
In section 49, in subsection (1) for the words “The appropriate Minister may by regulations amend”, substitute the words “Regulations made under this subsection may amend”, in subsection (2) for the words “appropriate Minister” substitute the words “authority making the regulations”, in subsection (3) omit the words “by the appropriate Minister” and for the words “if the appropriate Minister” substitute the words “if the authority making the regulations”.
C212
For subsection (4) of that section substitute—
4
The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly
16
C221
In section 50, for subsection (1) substitute—
1
Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State,the Minister of Agriculture, Fisheries and Food or both of them acting jointly that power may be exercised either so as to give effect (with or without modifications) to proposals submitted by the Commission under section 11(2)(d) or independently of any such proposals; but the authority who is to exercise the power shall not exercise it independently of proposals from the Commission unless he has consulted the Commission and such other bodies as appear to him to be appropriate
C222
In subsection (2) of that section for the words from “Secretary of State” to “preceding subsection” substitute “authority who is to exercise any such power as is mentioned in subsection(1) above proposes to exercise that power”.
C223
In subsection (3), for the words “to the Secretary of State” substitute the words “under section 11(2)(d)”.
F119C224
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2317
In section 52, for subsections (3) and (4) substitute—
3
The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly
F12018
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
In section 80, for subsections (4) to (6) substitute—
4
The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate.
5
In this section “the relevant statutory provisions” has the same meaning as in Part I.
F12120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 16 Minor and Consequential Amendments
Parts I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17
F82Part III
Sch. 16 Pt. III repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.
F631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
F675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F686
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F697
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
F7731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7933
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80
F8135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Miscellaneous Amendments
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
Trade Union Act 1913 (2 & 3 Geo. 5 c. 30)
F842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Industrial Courts Act 1919 (c. 69)
F853
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Road Haulage Wages Act 1938 (c. 44)
4
C241
The Road Haulage Wages Act 1938 shall be amended in accordance with the following provisions of this paragraph.
C242
In sections 4 and 5 for the word “Minister” substitute the word “Service” and in section 15(1) after the definition of “ Road haulage work” and “Road haulage worker” insert— “Service” means the Advisory, Conciliation and Arbitration Service.”.
C243
In sections 4, 5 and 8 for the words “Industrial Court” and “Court” wherever they o*ccur substitute respectively the words “Central Arbitration Committee” and “Committee”.
C244
In section 4(6) for the words “the Industrial Courts Act, 1919” substitute the words “section 3 of the Employment Protection Act 1975”.
C245
Section 5(5) is hereby repealed.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
Public Records Act 1958(c.51)
C256
In Part 11 of the Table at the end of paragraph 3(2) of Schedule I to the Public Records Act 1958 insert at the appropriate place in alphabetical order the following entry—
Commission on Industrial Relations.
Road Traffic Act 1960 (c. 16)
F877
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88
Education (Scotland) Act 1962 (c. 47)
9
C261
The Education (Scotland) Act 1962 shall be amended in accordance with the following provisions of this paragraph.
C262
In section 85, subsection (3) and, in subsection (5), the word “(3)” are hereby repealed.
C263
In section 123(2), in the proviso, the words from “and”, where secondly occurring, to the end are hereby repealed.
C264
After section 123(2), insert the following subsection—
2A
In any scheme for any endowment, any provision which applies subsection (3) of section 85 of this Act to any certificated or registered teacher in the employment of the governing body of that endowment, or which has, in relation to such a teacher, the like effect as such a provision, shall cease to have effect.”.
Trade Union (Amalgamations, etc.) Act 1964 (c. 24)
F8910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration of Teachers Act 1965 (c. 3)
C27F9011
1
The Remuneration of Teachers Act 1965 shall be amended in accordance with the following provisions of this paragraph.
2
In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.
3
In section 3(3), the words from “and, where arbitrators” to the end, and section 6(d) are hereby repealed.
Remuneration of Teachers (Scotland) Act 1967 (c. 36)
12
C281
The Remuneration of Teachers (Scotland) Act 1967 shall be amended in accordance with the following provisions of this paragraph.
C282
In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.
C283
In section 3(3), the words from “and, where arbiters” to the end, and section 7(c) are hereby repealed.
Equal Pay Act 1970 (c. 41)
F9113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93
House of Commons Disqualification Act 1975 (c. 24)
F9416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Pensions Act 1975 (c. 60)
C2917
After section 31(8) of the Social Security Pensions Act 1975 there shall be inserted the following subsection:—
9
A trade union shall be treated as recognised for the purpose of this section not only if it is recognised for the purpose of collective bargaining, but also if the Advisory Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975 and that recommendation is operative within the meaning of section 15 of that Act.
Sex Discrimination Act 1975 (c. 65)
18
1
The Sex Discrimination Act 1975 shall be amended in accordance with the following provisions of this paragraph.
F952
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In the Equal Pay Act 1970 as set out in Part II of Schedule I to the Sex Discrimination Act 1975 there shall be made the same amendments as are made to the former Act by paragraph 13 of this Part of this Schedule.
SCHEDULE 17 Transitional Provisions
F961
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F972
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F983
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F994
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103
12
An order under . . . F104 section 3 of the M7Agricultural Wages Act 1948 or section 3 of the M8Agricultural Wages (Scotland) Act 1949 (as substituted, in each case, by this Act) which may have effect as from a date earlier than the date of the order, shall not have effect from a date earlier than the commencement of the provision of this Act effecting that substitution.
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105
14
Where any provision of this Act increases the penalty for an offence under any other enactment, that increase shall not have effect in relation to an offence committed before the commencement of the relevant provision.
15
The repeals effected by section 111 above—
a
in the case of subsection (1) of that section, shall not confer or affect any right to unemployment benefit in respect of any day before the commencement of that subsection, and
b
in the case of subsection (2) of that section, shall not affect the manner in which any person’s requirements or resources are to be ascertained in relation to any period beginning before the commencement of that subsection.
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
18
Any enactment or document which refers, whether specifically or by means of a general description, to an enactment which is replaced or amended by any provision of this Act, shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.
19
C30C31SCHEDULE 18 Enactments Repealed
The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Sch. 18: repeals to the Trade Union Act 1913 (c. 30) extended (N.I.) (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 67(2); S.R. 1992/212, art. 2(3).
Sch. 1 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.