Aircraft and Shipbuilding Industries Act 1977 (repealed)

The Corporations U.K.

45, 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 45, 46 repealed by British Aerospace Act 1980 (c. 26, SIF 64), s. 15(2), Sch. 3

47 Right of persons to object to practices of British Shipbuilders or their wholly owned subsidiaries. U.K.

(1) Subsections (3) to (6) below shall have effect where a person engaged in shipbuilding, other than—

(a) British Shipbuilders, or

(b) one of its wholly owned subsidiaries, or

(c) a body corporate the whole of whose equity share capital is held by or on behalf of the Crown,

makes to the Secretary of State a written complaint that a practice employed by British Shipbuilders or one of its wholly owned subsidiaries in relation to that or those activities is unfair to the complainant for a reason specified in the complaint.

(2) Subsections (3) to (6) below shall also have effect where a person engaged in shiprepairing, other than—

(a) British Shipbuilders, or

(b) one of its wholly owned subsidiaries, or

(c) a body corporate the whole of whose equity share capital is held by or on behalf of the Crown,

makes to the Secretary of State a written complaint that a practice employed by British Shipbuilders or one of its wholly owned subsidiaries in relation to the provision of shiprepairing services is unfair to the complainant for a reason specified in the complaint.

In this subsection “shiprepairing” includes refitting, converting or maintaining ships, and “the provision of shiprepairing services” has a corresponding meaning.

(3) The Secretary of State shall forthwith after receiving the complaint send a copy of it to British Shipbuilders and, after such period for consideration of, and comment upon, the complaint by British Shipbuilders as the Secretary of State thinks reasonable has elapsed, shall send to the complainant a statement of any comments made by British Shipbuilders on the complaint and, if he is of opinion—

(a) that the complaint raises a question of substance, and

(b) that the complainant has a reasonable case to make in support of it,

shall afford the complainant and the Corporation an opportunity of making representations in relation to the matter to a person appointed by the Secretary of State.

(4) The Secretary of State shall consider the report of the person appointed under subsection (3) above and, if it appears to him that the practice complained of is unfair to the complainant, shall give British Shipbuilders such directions as appear to him to be requisite to secure the removal of the ground on which it is unfair.

(5) The Secretary of State shall furnish the complainant with a statement of any such directions.

(6) When a complainant avails himself of the right to make representations conferred by subsection (3) above, the Secretary of State shall furnish the complainant and British Shipbuilders each with a copy of the report of the person appointed under that subsection, and a statement of the conclusions reached by the Secretary of State on considering the report.

48 Duty of the Corporations to consult etc. with Northern Ireland state-controlled bodies. U.K.

(1) In carrying out their . . . F2 functions, . . . F2 British Shipbuilders shall . . . F2 have full regard to the need to consult, and wherever possible co-ordinate their activities with those of, any company incorporated in Northern Ireland which is engaged in one or more of the relevant activities and at any general meeting of which the Crown is entitled to exercise or to control the exercise of at least one third of the voting power.

(2) In subsection (1) above “relevant activities” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(b) in relation to British Shipbuilders, the activities specified in [F4 section 3(1)(a) and (b) above].

Textual Amendments

F2 Words repealed by British Aerospace Act 1980 (c. 26, SIF 64), s. 15(2), Sch. 3

F3 S. 48(2)(a) repealed by British Aerospace Act 1980 (c. 26, SIF 64), s. 15(2), Sch. 3

F4 Words substituted by British Aerospace Act 1983 (c. 15, SIF 64), s. 1(5)

Modifications etc. (not altering text)

C1 S. 48 amended by British Aerospace Act 1980 (c. 26, SIF 64), s. 10(1)