(1)Subject to subsection (2) below, section 1 of the [1965 c. 62.] Redundancy Payments Act 1965 (rights on termination of employment) shall not apply to any person in respect of his employment as a registered dock worker, unless it is employment by virtue of which he is wholly or mainly engaged in work which is not dock work.
(2)Subsection (1) does not apply where—
(a)the person became a registered dock worker in consequence of having been employed on work which became classified;
(b)at the date of the termination of his employment he has been continuously employed since a time before that work was classified ; and
(c)as a result of the termination he ceases to be a registered dock worker.
(3)Subject to any provision of the new Scheme as to circumstances in which a dock worker is to be treated as continuing in the employment of an employer, the provisions of Schedule 1 to the [1972 c. 53.] Contracts of Employment Act 1972 (computation of period of employment) and, so far as they modify that Schedule, the provisions of any order under section 10 of that Act and any regulations under paragraph 30(3) of Schedule 1 to the [1974 c. 52.] Trade Union and Labour Relations Act 1974 have effect for the purposes of subsection (2) in determining for what period an employee has been continuously employed; and, for the purposes of that subsection, a person's employment during any period is, unless the contrary is shown, presumed to have been continuous.
(4)Section 31 of the [1965 c. 62.] Redundancy Payments Act 1965 (refund of contributions) applies to employees excluded by subsection (1) from entitlement to payments under that Act.
(5)Sections 1 to 8 of the [1972 c. 53.] Contracts of Employment Act 1972 (employee's rights under his contract) shall not apply to any registered dock worker except when engaged in work which is not dock work.
(6)The enactments listed below do not apply to employment as a registered dock worker, other than employment by virtue of which the employee is wholly or mainly engaged in work which is not dock work—
(a)Trade Union and Labour Relations Act 1974, Schedule 1, paragraph 4 (right not to be unfairly dismissed);
(b)[1975 c. 71.] Employment Protection Act 1975—
section 22 (right to guarantee payment),
section 29 (right to remuneration on suspension on medical grounds),
section 61 (time off to look for work etc.),
sections 64 and 65 (employee's rights etc., on employer's insolvency),
section 70 (written statement of reasons for dismissal), and
sections 99 and 100 (consultation and notification as to redundancy).
(7)The Secretary of State may by order vary or revoke any of the provisions of subsections (1), (5) and (6) above; such an order may contain such transitional and other supplemental and incidental provisions as appear to him to be expedient. No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.
(8)In this section—
" dock work ", in relation to a dock worker registered under the 1967 Scheme, means the same as in that Scheme and in relation to one registered under the new Scheme means any work which, by reference to what it is or where it is done, is classified ; and
" registered ", in relation to a worker who is registered under the new Scheme, means registered in a main register thereunder, and not in an extension register.
(1)In this Act, unless the context otherwise requires—
" the 1966 Act " means the [1966 c. 28.] Docks and Harbours Act 1966 ;
" definable dock area " has the meaning given by section 4 ;
" collective agreement " means an agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers' associations and relating to one or more of the matters specified in section 29(1) of the [1974 c. 52.] Trade Union and Labour Relations Act 1974, and " collective bargaining " means negotiations relating to or connected with one or more of those matters ;
" classified " means classified as dock work for the purposes of the new Scheme by means of orders under section 11 of this Act, and " classification " and " declassification " are to be construed accordingly;
" dock labour scheme area " means an area designated by an order under section 4(2) as one for which the new Scheme is to be in force (with or without alteration by amending order under section 5(10));
" harbour " has the same meaning as in the [1964 c. 40.] Harbours Act 1964;
" independent trade union " has the same meaning as in the Trade Union and Labour Relations Act 1974 ;
" the Board " means the National Dock Labour Board constituted by section 1 (being also referred to in this Act as " the new Board ");
" the old Board " means the National Dock Labour Board constituted under the 1967 Scheme and dissolved by section 1 ;
" premises " includes any place ;
" recognised " in relation to a trade union means (and cognate expressions shall be construed accordingly) recognised by an employer, to any extent, for the purpose of collective bargaining, and a union shall be treated as so recognised if the Advisory Conciliation and Arbitration Service has made a recommendation for such recognition under the [1975 c. 71.] Employment Protection Act 1975 which is operative within the meaning of section 15 of that Act;
" registered " (subject to sections 12(6) and 14(8)) means registered under the 1967 Scheme or under the new Scheme ;
" the 1967 Scheme " means the scheme made under the [1946 c. 22.] Dock Workers (Regulation of Employment) Act 1946 and set out (as varied) in Schedule 2 to the [S.I. 1967 No. 1252.] Dock Workers (Regulation of Employment) (Amendment) Order 1967;
" the new Scheme " means the Scheme to be made and brought into force by the Secretary of State under section 4 of this Act; and
" subsidiary " has the same meaning as in the [1962 c. 46.] Transport Act 1962.
(2)Anything which by this Act is required to be published by the Secretary of State may be published by him in the London or Edinburgh Gazette (or both) or by such alternative or additional means as the Secretary of State thinks expedient for the purpose of informing the persons, organisations and authorities concerned with the subject matter of the publication.
(3)For purposes of this Act, a company is an associated company of another if—
(a)either one of them (directly or indirectly) has control of the other; or
(b)both of them are companies of which a third person (directly or indirectly) has control.
(1)Orders under this Act shall be made by statutory instrument; and such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament unless it is made under section 3(2) or 17(1), or it consists or is comprised in an order a draft of which has been laid before Parliament under this Act and approved by a resolution of each House.
(2)It shall be conclusive that an order is made in accordance with subsection (2) or (3) of section 11 if it contains a statement by the Secretary of State that it is so made, identifying the relevant report or recommendation by the Board.
(3)An order under section 14(7) may be varied or revoked by a subsequent order under that subsection; orders under any other provision of this Act may be revoked by a subsequent order of the Secretary of State if he is satisfied that, being superseded by a later order, it no longer has any practical effect.
(1)This Act shall come into force on a day appointed by the Secretary of State by order; and different days may be so appointed for different provisions of the Act.
(2)In sections 1, 6 and 7 of this Act, and in Schedule 1, " the appointed day " means whatever day is appointed by such an order for the coming into force of the particular section or Schedule.
(3)As soon as the Secretary of State is satisfied that the 1967 Scheme is no longer in operation for any part of Great Britain, he may by order repeal, as from such date as may be specified by the order, any or all of the following, namely—
(a)the [1946 c. 22.] Dock Workers (Regulation of Employment) Act 1946;
(b)Parts I and II of the [1966 c. 28.] Docks and Harbours Act 1966; and
(c)any other enactment contained in the 1966 Act which appears to the Secretary of State to be spent, or no longer necessary, in consequence of this Act or those repeals,
with such transitional provisions or savings (if any) as the Secretary of State thinks appropriate; and in the case of any enactment repealed by an order under this subsection, section 38 of the [1889 c. 63.] Interpretation Act 1889 (effect of repeals) shall apply as if the repeal of that enactment were effected by this Act as from the date specified by the Secretary of State's order.
(4)The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(1)This Act may be cited as the Dock Work Regulation Act 1976.
(2)This Act, except section 1(6), does not extend to Northern Ireland.
