http://www.legislation.gov.uk/id/ukpga/1988/19

SCHEDULES

F1SCHEDULE 1

Annotations:

Amendments (Textual)

Sch. 1 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 (with Sch. 3 para. 2).

Terms of appointment

1

The appointment of a person to hold office as the Commissioner shall be for a term not exceeding five years; but previous appointment to that office shall not affect eligibility for re-appointment.

2

The Secretary of State may remove any person from the office of Commissioner if he is satisfied—

a

that that person has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors;

b

that that person is incapacitated by physical or mental illness; or

c

that that person is otherwise unable or unfit to discharge his functions as the Commissioner.

3

Subject to sub-paragraphs (1) and (2) above, the Commissioner shall hold and vacate office as such in accordance with the terms of his appointment.

Remuneration, pensions etc.

2

1

There shall be paid to the Commissioner such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

2

In the case of any such holder of the office of the Commissioner as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.

3

If, when any person ceases to hold office as the Commissioner, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be so determined.

4

The consent of the Treasury shall be required for the making of a determination under this paragraph.

5

Payments required to be made under this paragraph shall be made by the Secretary of State out of money provided by Parliament.

Staff

3

1

The Commissioner may, with the approval of the Secretary of State as to numbers and terms and conditions of service, appoint such staff as the Commissioner may determine.

2

The consent of the Treasury shall be required for the giving of an approval under sub-paragraph (1) above.

4

1

Anything authorised or required by or under this Act to be done by the Commissioner may be done by any member of the staff of the Commissioner who is authorised for the purpose, whether generally or specially, by the Commissioner.

2

An authorisation given for the purposes of this paragraph shall continue to have effect during any vacancy in the office of Commissioner.

5

1

Employment as a member of the staff of the Commissioner shall be included among the kinds of employment to which a superannuation scheme under section 1 of the M1Superannuation Act 1972 may apply.

2

Where a person who is employed by the Commissioner and is by reference to that employment a participant in a scheme under section 1 of the M2Superannuation Act 1972 becomes the Commissioner, the Treasury may determine that his service as the Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commissioner; and his rights under the scheme shall not be affected by any of the preceding provisions of this Schedule.

6

The M3Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commissioner.

Payment of travelling expenses etc. to applicants

7

1

The Commissioner may, with the approval of the Secretary of State, make such provision as the Commissioner considers appropriate for the payment by him to persons who apply for assistance under section 20 of this Act of sums in respect of travelling and other expenses incurred by them in connection with their applications.

2

The consent of the Treasury shall be required for the giving of an approval under sub-paragraph (1) above.

Financial provisions

8

1

The Secretary of State shall, out of money provided by Parliament, pay to the Commissioner such sums as the Secretary of State may determine are required by the Commissioner for the purpose of carrying out his functions.

2

The consent of the Treasury shall be required for the making of a determination under sub-paragraph (1) above.

9

1

It shall be the duty of the Commissioner—

a

to keep proper accounts and proper records in relation to the accounts;

b

to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may with the approval of the Treasury direct; and

c

to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than the 30th November following the end of the financial year to which the statement relates.

2

The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Commissioner and shall lay a copy of every such statement and of his report before each House of Parliament.

Annual report

10

1

As soon as reasonably practicable after the end of each financial year the Commissioner shall prepare a report on his activities during that year and shall send a copy of that report to the Secretary of State.

2

The Secretary of State shall lay a copy of every such report before each House of Parliament.

Miscellaneous

11

The Commissioner shall have an official seal for the authentication of documents required for the purposes of his functions.

12

In the M4Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there shall be inserted (at the appropriate place) the following entry—

Office of the Commissioner for the Rights of Trade Union Members.

13

In the M5House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), there shall be inserted (at the appropriate place) the following entry—

Commissioner for the Rights of Trade Union Members.

and the like insertion shall be made in Part III of Schedule 1 to the M6Northern Ireland Assembly Disqualification Act 1975.

Interpretation

14

In this Schedule “financial year” means the twelve months ending with 31st March.

SCHEDULE 2 Provisions Supplemental to Section 25

Section 25.

Further amendments of the 1973 Act

1

In section 11(3) of the 1973 Act (power of Commission to make payments in respect of injuries or diseases)—

a

for the word “Commission”, in the first and third places where it occurs, there shall be substituted the words “ Secretary of State ”; and

b

for the words “by the Commission or” there shall be substituted the words “ by or on behalf of the Secretary of State or by ”.

2

1

In subsection (1) of section 12 of the 1973 Act (duty of Commission to give preference to certain categories of disabled persons)—

a

for the word “Commission” there shall be substituted the words “ Secretary of State ”; and

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

c

for the words “it or he” there shall be substituted the words “ he or it ”.

2

After that subsection, there shall be inserted the following subsection—

1A
It shall be the duty of the Commission and of each local education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to the exercise by him of any power under this Act to make payments to any persons; and any information falling to be furnished in pursuance of this subsection shall be furnished in such form and at such times as the Secretary of State may direct.

3

In subsection (4) of that section (power of Commission to make payments in connection with an examination for the purposes of a claim for a payment under section 11(3))—

a

for the word “Commission”, in the first and third places where it occurs, there shall be substituted the words “ Secretary of State ”; and

b

for the words “are approved by the Secretary of State and which the Commission” there shall be substituted the words “ , in the case of payments by such a board, are approved by the Secretary of State and which the Secretary of State ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Incidental and transitional provisions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

SCHEDULE 3 Minor and Consequential Amendments

Section 33.

Part I Trade Unions

The Trade Union Act 1913 (c. 30)

F91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Employment Protection (Consolidation) Act 1978 (c. 44)

F102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Employment Act 1980 (c. 42)

F113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Employment Act 1982 (c. 46)

F124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Trade Union Act 1984 (c. 49)

F135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Wages Act 1986 (c. 48)

F146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Employment and Training

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

The Sex Discrimination Act 1975 (c. 65)

11

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

2

In subsection (1) of section 16 of that Act (under which it is unlawful for the Manpower Services Commission to discriminate in the provision of facilities or services under section 2 of the 1973 Act), for the words “Manpower Services Commission” there shall be substituted the words “ Secretary of State or the Training Commission ”.

The Race Relations Act 1976 (c. 74)

12

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

2

In subsection (1) of section 15 of that Act (under which it is unlawful for the Manpower Services Commission to discriminate in the provision of facilities or services under section 2 of the 1973 Act), for the words “Manpower Services Commission” there shall be substituted the words “ Secretary of State or the Training Commission ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

The Agricultural Training Board Act 1982 (c. 9)

F2213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Industrial Training Act 1982 (c. 10)

14

1

In section 5(3)(e) of the Industrial Training Act 1982 (power of industrial training board to take part in arrangements in pursuance of the 1973 Act), for the words “section 2(1) or (2), 3(4)” there shall be substituted the words “ section 2, 3 ”.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

The Income and Corporation Taxes Act 1988 (c. 1)

F2315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 Repeals

Section 33.

2 & 3 Geo. V c. 30.	The Trade Union Act 1913.	In section 4(1F), the definition of “working hours” and the word “and” immediately preceding that definition.
1964 c. 24.	The Trade Union (Amalgamations, etc.) Act 1964.	Section 4(6).
		Schedule 1.
1967 c. 13.	The Parliamentary Commissioner Act 1967.	In Schedule 2, the words “Manpower Services Commission”.
1973 c. 50.	The Employment and Training Act 1973.	In section 4(2), the words from “Without” to “preceding section,”.
		In section 5, subsection (1) and, in subsection (4), the words “(1) or”.
		In section 11(3), the words from “and the Secretary of State” onwards.
		In section 12(4), the words from “and the Secretary of State” onwards.
1975 c. 14.	The Social Security Act 1975.	In section 20(1), the word “or” at the end of paragraph (d).
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Part III of Schedule 1, the words “Chairman of the Manpower Services Commission.”
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	In Part III of Schedule 1, the words “Chairman of the Manpower Services Commission.”
1975 c. 71.	The Employment Protection Act 1975.	In Schedule 14, paragraph 2(1).
1977 c. 5.	The Social Security (Miscellaneous Provisions) Act 1977.	Section 22(6).
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In section 23, in subsection (1), the words “Subject to the following provisions of this section,” and subsections (2A) and (2B).
		In section 58, in subsection (1), the words “Subject to subsection (3),” and subsections (3) to (12).
		Section 58A.
1978 c. 44.—cont.	The Employment Protection (Consolidation) Act 1978.—cont.	In section 153(1), the words from “ “union membership agreement”” to “section 30(5A) of that Act;”.
1980 c. 39.	The Social Security (No. 2) Act 1980.	Section 7(7).
1980 c. 42.	The Employment Act 1980.	Section 15(2).
1982 c. 46.	The Employment Act 1982.	Section 10(1) and (2).
		In Schedule 3, paragraph 16.
1984 c. 49.	The Trade Union Act 1984.	In section 1(1) to (3), the word “voting”, wherever it occurs.
		Section 3.
		Section 6(6).
		In section 8(1), the word “voting”.
		In section 9(1), the definition of “working hours” and the word “and” immediately preceding that definition.