Agricultural Wages (Scotland) Act 1949
1949 c.30
An Act to consolidate the Agricultural Wages (Regulation) (Scotland) Acts 1937 to 1947, and so much of the Holidays with Pay Act 1938, as enables a wage regulating authority to make provision for holidays and holiday remuneration for workers in Agriculture in Scotland.
Act excluded (1.4.1999) by 1998 c. 39, s. 46(3)(4)(b); S.I. 1999/685, art. 2, Sch. (with art. 3)
Power to amend Act conferred (1.4.1999) by 1998 c. 39, s. 47(2)(b)(3); S.I. 1999/685, art. 2, Sch. (with art. 3)
The Scottish Agricultural Wages Board and Agricultural Wages Committee
1 The Scottish Agricultural Wages Board.
1
There shall be a Board, to be called the Scottish Agricultural Wages Board (in this Act referred to as “the Board”) which shall have, . . . F1, such functions with respect to the fixing of minimum rates of wages for workers employed in agriculture and of directing that such workers shall be entitled to be allowed holidays, and such other functions, as are conferred on the Board by the subsequent provisions of this Act.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
3
The provisions of the First Schedule to this Act shall have effect with respect to the constitution and proceedings of the Board.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Wages and Holidays
3F4 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.
F52B
No minimum rate fixed under this section which is an hourly rate shall be less than the national minimum wage.
2C
No minimum rate fixed under this section which is a rate other than an hourly rate shall be such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage.
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 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 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 in 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 begining 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 workers 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.
F68
If the Board makes, or purports to make, an order fixing a minimum rate under this section—
a
which is an hourly rate but which is lower than the national minimum wage in force when that minimum rate comes into effect, or
b
which is a rate other than an hourly rate but which is such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage in force when that minimum rate comes into effect,
the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage or, as the case may be, a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.
9
If, at any time after a minimum rate which is an hourly rate comes into effect under this section, the national minimum wage becomes higher than that minimum rate, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage.
10
If, at any time after a minimum rate other than an hourly rate comes into effect under this section, the national minimum wage is increased to such a level that that minimum rate yields a less amount of wages for each hour worked than the hourly amount of the national minimum wage, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.
11
Subsections (8) to (10) of this section are without prejudice to the power of the Board to make further orders under this section fixing any minimum rates.
12
Where an order under this section fixes any particular minimum rate of wages by reference to two or more component rates, of which—
a
one is the principal component, and
b
the other or others are supplemental or additional components,
(as in a case where the minimum rate for night work is fixed as the sum of the minimum rate payable in respect of work other than night work and a supplemental or additional minimum rate in respect of working at night) the national minimum wage provisions of this section apply in relation to the principal component rate and not the supplemental or additional component rates.
13
The national minimum wage provisions of this section do not apply in relation to any minimum rate which is in the nature of an allowance payable in respect of some particular responsibility or circumstance (as in a case where a minimum rate is fixed in respect of being required to keep a dog).
14
The national minimum wage provisions of this section do not apply in relation to any minimum rate fixed under this section—
a
by virtue of subsection (2)(d) of this section, or
b
by virtue of section 67 of the M1Agriculture Act 1967 (sick pay),
unless and to the extent that regulations under section 2 of the National Minimum Wage Act 1998 make provision which has the effect that circumstances or periods in respect of which the minimum rate in question is required to be paid to a worker are treated as circumstances in which, or times at which, a person is to be regarded as working.
15
In this section “the national minimum wage provisions of this section” means subsections (2B), (2C) and (8) to (10) of this section.
3AF7Enforcement.
1
The enforcement provisions of the National Minimum Wage Act 1998 shall have effect for the purposes of this Act as they have effect for the purposes of that Act, but with the modifications specified in subsection (3) of this section.
2
In subsection (1) of this section “the enforcement provisions of the National Minimum Wage Act 1998” means the following provisions of that Act—
a
sections 9 to 11 (records);
b
section 14 (powers of officers);
c
sections 17 and 19 to 22 (enforcement of right to national minimum wage);
d
sections 23 and 24 (right not to suffer detriment);
e
section 28 (evidence: reversal of burden of proof in civil proceedings);
f
sections 31, 32 and 33(4) and (5) (offences);
g
section 48 (superior employees); and
h
section 49 (restriction on contracting out).
3
In the application of any provision of the National Minimum Wage Act 1998 by subsection (1) of this section—
a
any reference to that Act, other than a reference to a specific provision of it, includes a reference to this Act;
b
any reference to a worker (within the meaning of that Act) shall be taken as a reference to a worker employed in agriculture (within the meaning of this Act);
c
any reference to a person (however described) who qualifies for the national minimum wage shall be taken as a reference to a worker employed in agriculture;
d
subject to paragraph (c) of this subsection, any reference to the national minimum wage, other than a reference to the hourly amount of the national minimum wage, shall be taken as a reference to the minimum rate applicable under this Act;
e
subject to paragraph (c) of this subsection, any reference to qualifying for the national minimum wage shall be taken as a reference to being entitled to the minimum rate applicable under this Act; and
F8f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93A
In the application of section 17 of the National Minimum Wage Act 1998 by subsection (1) of this section–
a
for subsection (2) there shall be substituted the following subsection–
“
That amount is the difference between–
a
the remuneration received by the worker as a worker employed in agriculture for the pay reference period from his employer; and
b
the amount which he would have received as a worker employed in agriculture for that period had he been remunerated by the employer at the minimum rate applicable under this Act;”
b
subsection (3) shall be disregarded.
4
In section 104A of the M2Employment Rights Act 1996 (unfair dismissal: national minimum wage) in subsection (1)(c)—
a
any reference to a person qualifying for the national minimum wage includes a reference to a person being or becoming entitled to a minimum rate applicable under this Act; and
b
any reference to a person qualifying for a particular rate of national minimum wage includes a reference to a person being or becoming entitled to a particular minimum rate applicable under this Act.
4 Enforcement of holidays orders.
C31
Subject to the provisions of this Act, if an employer fails—
F10a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
to allow to any such worker the holidays fixed by the order F11or
F10d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds F12. . ..
F132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Permits to infirm and incapacitated persons.
1
If, on an application in that behalf, F16the Secretary of State is satisfied that a worker employed or desiring to be employed . . . F17 on time work to which a minimum rate fixed under this Act is applicable, or on piece work to which a minimum time rate so fixed is applicable, is so affected by any physical injury or mental deficiency, or any infirmity due to age or to any other cause, that he is incapable of earning that minimum rate, the F16Secretary of State shall grant to him a permit exempting, as from the date of the application or from a later date specified in the permit, his employment from the provisions of F18subsection (1) of section 31 of the National Minimum Wage Act 1998 as it applies for the purposes of this Act (offence of refusing or wilfully neglecting to pay worker at applicable rate), subject to such conditions as may be specified in the permit, including, if the F16Secretary of State thinks fit, a condition as to the wages to be paid to the worker, and, while the permit has effect, an employer shall not be liable to F19any legal proceedings under that subsection, as it so applies, for refusing or wilfully neglecting to pay to the worker wages at a rate less than the minimum rate if those conditions are complied with.
F201A
Every permit under subsection (1) of this section (whenever granted) shall be deemed to contain a condition that the worker to whom it is granted must at any time be paid at a rate which—
a
in the case of an hourly rate, is not less than the national minimum wage in force at that time, or
b
in the case of a rate other than an hourly rate, is such as to yield an amount of wages for each hour worked which is not less than the hourly amount of the national minimum wage in force at that time.
1B
The condition which a permit is deemed to contain by virtue of subsection (1A) of this section—
a
overrides any other condition which the permit contains as to payment of wages, to the extent that that other condition provides for payment of wages at any time at a lower rate; but
b
is without prejudice to any other condition which the permit contains as to payment of wages, to the extent that that other condition provides for payment of wages at any time at a higher rate.
2
If an application for a permit under F21subsection (1) of this section is not disposed of within twenty-one days after the day on which it is received, then the employer of the worker to whom the application relates shall not be liable to F22any legal proceedings under section 31(1) of the National Minimum Wage Act 1998, as it applies for the purposes of this Act, for refusing or wilfully neglecting to pay to the worker wages at a rate not less than the minimum rate during the interval between the expiration of the said period and the date on which the application is ultimately disposed of.
F232A
If on an 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.
3
Where F16a permit has been granted (whether before or after the commencment of the M3Agriculture (Miscellaneous Provisions) Act 1972) under subsection (1) F24or (2A) of this section and at any time thereafter it appears to F16the Secretary of State, whether on an application under this subsection or otherwise, that the worker to whom the permit relates is no longer so affected by any such incapacity as is mentioned in the said subsection (1) F24or (2A) as to be incapable of earning the minimum rate in question, F16the Secretary of State shall revoke the permit.
4
Where . . . F17 it appears to F16the Secretary of State, whether on an application under this subsection or otherwise, that by reason of any change in minimum rates of wages or in the circumstances of F16a worker to whom a permit has been granted (whether before or after the commencement of the said Act of 1972) under subsection (1) F25or (2A) of this section it is expedient to vary any condition specified in the permit, F16the Secretary of State may direct that the condition shall be varied in such manner as may be specified in the direction F26and, 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.
F274A
Notice of application for a permit under subsection (1) F28or (2A) of this section, if made by an employer, shall be given by the Secretary of State to the worker to whom the application relates to enable him to make such representation as he thinks desirable.
F294B
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.
5
Before revoking any permit or varying any condition under the preceding provisions of this section F16the Secretary of State shall serve on the worker to whom the permit relates, and, in a case where the identity of his employer is known to F16the Secretary of State, on his employer, notice of F16his proposal so to do, and afford to the worker and the employer (where such a notice as aforesaid is required to be served on him) an opportunity of making representations to F16the Secretary of State, and no such revocation or variation as aforesaid shall take effect until notice of the revocation or variation has been served by F16the Secretary of State on the worker to whom the permit relates and, in any case where the identity of his employer is known to F16the Secretary of State, on his employer.
A notice under this F30or the last preceding subsection shall be duly served on a person if sent to him by post in a registered letter.
6
Where a permit granted to a worker F30(whether before or after the commencement of the said Act of 1972) under subsection (1) of this section contains a condition for the payment of wages to the worker at a rate not less than the rate therein specified, the amount of wages that may be recovered from an employer of the worker in pursuance of this Act shall, as respects any period during which the permit had effect, be calculated on the basis of the rate so specified instead of on the basis of the minimum rate.
6 Provisions as to learners.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
5
It shall not be lawful for the employer of a worker, being an apprentice or learner, who is employed in agriculture . . . F32 to receive directly or indirectly from the worker, or on his behalf or on his account, a payment by way of premium unless the payment is duly made in pursuance of an agreement approved for the purposes of this subsection by the F33Secretary of State, and the amount of a payment received in contravention of this subsection shall be recoverable by the person by whom the payment was made.
C46
If an employer acts in contravention of the last preceding subsection, he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and in any proceedings against an employer under this subsection the court shall, whether there is a conviction or not, order the employer to repay any sum which the court finds to have been received by way of premium in contravention of the last preceding subsection.
7
Nothing in the last preceding subsection shall be taken to exclude the bringing otherwise than in accordance with that subsection of proceedings for the recovery of an amount due under subsection (5) of this section.
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
C57 Reckoning of benefits and advantages as payment of wages.
1
The Board shall have power, . . . F34, by order made in accordance with the provisions of the Third Schedule to this Act—
a
to define the benefits or advantages (not being benefits or advantages prohibited by law) which for the purposes of a minimum rate of wages fixed under this Act may be reckoned as payment of wages in lieu of payment in cash;
b
to determine the value at which, for the purposes aforesaid, such benefits or advantages may be so reckoned;
c
to limit or prohibit the reckoning for the purposes aforesaid of benefits or advantages as payment of wages in lieu of payment in cash.
2
Subject to the provisions of any order under the preceding subsection, the court shall, in any proceedings under this Act, reckon as a payment of wages such amount as in the opinion of the court represents the value of any benefits or advantages (not being benefits or advantages prohibited by law) received by a worker under the terms of his employment.
3
If F35the Secretary of State is satisfied, on an application in that behalf made by a worker employed in agriculture . . . F34 or by his employer, that the value determined by an order or direction under this section for a house or part of a house occupied as a separate dwelling by the worker does not correspond with the true value thereof, F35the Secretary of State may, . . . F34, direct that the value of the house or part of a house is to be reckoned for the purposes of a minimum rate of wages fixed under this Act at such different amount as may be specified in the direction.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
9 Provisions as to applications, &c., to agricultural wages committees.
1
The procedure to be followed on or in connection with applications F37to the Secretary of State under section 5 or section 7 of this Act shall be such (if any) as may be prescribed.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
10Criminal liability of agents and special defence open to employer.
1
Where an offence for which an employer is under section four or subsection (6) of section six of this Act liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer and either together with, or before or after the conviction of, the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable.
2
Where an employer who is charged with an offence under section four or subsection (6) of section six of this Act proves to the satisfaction of the court that he has used due diligence to secure compliance with the relevant provisions of this Act, and that the offence was in fact committed by his agent or some other person, without his knowledge, consent or connivance, he shall, in the event of the conviction of that agent or other person for the offence, be exempt from any conviction in respect of the offence.
11 Avoidance of agreements in contravention of this Act and saving for other agreements, &c.
1
Any such agreement as the following shall be void, that is to say—
F39a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an agreement as to holidays that is inconsistent with a direction of the Board in that behalf, or for abstaining from exercising the right to holidays conferred by any such direction.
F40c
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.
2
Nothing in this Act shall prejudice the operation of an agreement or custom for the payment of wages at a rate higher than the minimum rate fixed under this Act or an agreement or custom as to holidays that is not inconsistent with a direction of the Board in that behalf F41or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed.
Supplementary
12 Officers.
1
The Secretary of State may, subject to the consent of the Treasury as to number, appoint such officers as he thinks necessary for the purpose of investigating complaints and otherwise securing the proper observance of this Act.
2
Every officer appointed under this section shall be furnished by the Secretary of State with a certificate of his employment, and when acting under or exercising any power conferred upon him by this Act shall, if so required, produce the certificate to any person or persons affected.
3
An officer so appointed shall have power—
a
after giving reasonable notice, to require the production of and to inspect and take copies of wages sheets or other records of wages paid to workers employed in agriculture F42and records of terms and conditions of employment of such workers;
b
to enter at all reasonable times any premises or place for the purpose of such inspection or for the enforcement of this Act, but in the case of a dwelling-house not without giving reasonable notice; and
c
to require any such worker, or the employer of any such worker, or any agent of the employer, to give any information which it is in his power to give with respect to the employment of the worker or the wages paid to him.
4
Where it appears to the Secretary of State—
F43a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
that a sum is due from an employer on account of the receipt of a premium in contravention of subsection (5) of section six of this Act;
the Secretary of State may institute, on behalf of or in the name of the worker, civil proceedings before any competent court of jurisdiction for the recovery of the sum in question, . . . F44
F454A
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.
F465
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.
C66
If any person—
a
hinders or molests an officer acting in the exercise of his powers under subsection (3) of this section; or
b
refuses to produce any document or give any information which an officer so acting lawfully requires him to produce or give; or
c
produces or causes to be produced or knowingly allows to be produced to an officer so acting any wages sheet, record or other document which is false in a material particular, knowing the document to be false; or
d
furnishes to an officer so acting any information knowing it to be false,
he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
F477
The powers conferred by subsection (3) of this section are not exercisable in any case where corresponding or similar powers conferred by any of the enforcement provisions of the National Minimum Wage Act 1998, as they have effect for the purposes of this Act, are exercisable by virtue of section 3A of this Act.
8
In subsection (7) of this section, “the enforcement provisions of the National Minimum Wage Act 1998” has the same meaning as in subsection (1) of section 3A of this Act.
13 Annual reports.
The Secretary of State shall include in the annual report made in pursuance of subsection (2) of section four of the M4Small Landholders (Scotland) Act 1911, a report of his proceedings under this Act and of the proceedings of the Board . . . F48, and for that purpose the Board . . . . . . F48 shall, before such date in every year as the Secretary of State may fix, send to the Secretary of State a report of their proceedings under this Act during the preceding year.
14 Expenses.
Such expenses of the Secretary of State in carrying this Act into effect as the Treasury may determine, and any expenses authorised by the Secretary of State, with the consent of the Treasury, to be incurred by the Board . . . F49 shall be defrayed out of moneys provided by Parliament.
15 Evidence of resolutions and orders of the Board and agricultural wages committees.
In any legal proceedings the production of a document purporting to be a copy of a resolution or order passed or made by the Board . . . F50 and to be certified by the chairman or secretary of the Board . . . F50, to be a true copy shall be sufficient evidence of the order or resolution and, in the case of an order, that any notices required to be given by this Act in relation thereto have been duly given, and no proof shall be required of the handwriting or official position of the person certifying the truth of the copy.
15AF51Information obtained by national minimum wage officers.
1
This section applies to information which has been obtained by an officer acting for the purposes of the National Minimum Wage Act 1998.
2
This section does not apply to any information to the extent that the information relates to—
a
any failure to allow holidays directed to be allowed by an order under section 3 of this Act; or
b
any terms and conditions of employment fixed by such an order by virtue of subsection (1)(c) of that section.
3
Information to which this section applies may, with the authority of the relevant Minister, be supplied to the Secretary of State for use for any purpose relating to this Act.
4
Information supplied under subsection (3) of this section shall not be supplied by the recipient to any other person or body unless—
a
it could be supplied to that person or body under that subsection; or
b
it is supplied for the purposes of any civil or criminal proceedings relating to this Act;
and shall not be supplied in those circumstances without the authority of the relevant Minister.
5
This section does not limit the circumstances in which information may be supplied or used apart from this section.
6
In this section “the relevant Minister” means the Minister of the Crown with the function of appointing officers under section 13(1)(a) of the National Minimum Wage Act 1998.
16 Power to give effect to, and modify, Act as respects holidays and holiday remuneration.
1
The Secretary of State may make regulations for giving effect to the purposes of, and modifying, this Act so far as it relates to holidays and minimum rates of wages by way of pay in respect of holidays, and for excluding, in relation to those matters or either of them, the operation of all or any of the provisions of sections four and ten to thirteen of this Act and paragraph (5) of the Third Schedule thereto.
2
The power conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
17 Interpretation.
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,—
“agriculture” includes dairy-farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or woodland or for market gardens or nursery grounds;
“consumable produce” means produce grown for consumption or for other use after severance from the land on which it is grown;
“employment” means employment under a contract of service or apprenticeship, and the expressions “employed” and “employer” shall be construed accordingly;
F52“the national minimum wage” means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the National Minimum Wage Act 1998, but this definition is subject to subsection (1A) of this section;
“prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
“worker” includes a boy, woman and girl.
F531A
If, in the case of persons of any description, regulations under subsection (2) of section 3 of the National Minimum Wage Act 1998—
a
prevent them being persons who (within the meaning of that Act) qualify for the national minimum wage; or
b
prescribe a rate (“the reduced rate”) for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act,
this Act shall have effect in relation to persons of that description as if in a case falling within paragraph (a) above the national minimum wage were nil and in a case falling within paragraph (b) above the national minimum wage were the reduced rate.
17AF54Relationship between this Act and the National Minimum Wage Act 1998.
1
Except so far as expressly provided by this Act, nothing in the National Minimum Wage Act 1998 or in regulations made under that Act affects the operation of this Act.
2
This Act is subject to—
a
section 46 of the National Minimum Wage Act 1998; and
b
section 47 of that Act and any regulations made under that section.
18Repeal and savings.
C71
The enactments mentioned in the first and second columns of the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
2
Nothing in this Act shall affect any order, regulation or complaint made, permit granted, resolution passed, direction, certificate or approval given, application made or granted, notice served or given, date fixed or any other thing done, under an enactment repealed by this Act, but any such order, regulation, complaint, permit, resolution, direction, certificate, approval, application, notice, date or thing shall, if in force at the passing of this Act, continue in force, and so far as it could have been made, granted, passed, given, served, fixed or done under the corresponding provisions of this Act, it shall have effect as if it had been made, granted, passed, given, served, fixed or done under that corresponding provision and, in the case of an approval, had been given for the purposes of that provision.
3
Any document referring to an enactment repealed by this Act shall be construed as referring to the corresponding provision of this Act.
4
Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold his office or to act or serve as if he had been appointed or authorised under or by virtue of the corresponding provision of this Act.
5
Where an offence, being an offence for the continuance of which a penalty was provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence in the same manner as if the offence had been committed under the corresponding provision of this Act.
6
Where an enactment repealed and re-enacted by this Act provides for the doing of some act within, or not earlier than the expiration of, a specified period from the giving of a notice, and the commencement of this Act falls within the period applicable to the giving of a particular notice, the repeal and re-enactment shall be deemed to have taken effect in relation to that notice immediately before the giving thereof.
7
19 Short title and extent.
This Act may be cited as the Agricultural Wages (Scotland) Act 1949, and shall extend to Scotland only.
SCHEDULES
FIRST SCHEDULE Constitution and Proceedings of the Scottish Agricultural Wages Board
1
The Board shall consist of—
a
six persons representing employers and six persons (of whom one at least shall be a woman) representing workers in agriculture to be nominated in the prescribed manner or elected in the prescribed manner according as may be prescribed; and
b
five persons to be appointed by the Secretary of State.
2
The Secretary of State shall designate as chairman of the Board one of the members thereof appointed by him.
3
At every meeting of the Board the chairman, if present, shall preside and, if he is absent, such of the other members appointed by the Secretary of State as the members of the Board then present choose shall preside.
4
The Secretary of State may appoint a secretary for the Board.
5
The Board may, in accordance with regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, appoint one or more committees consisting of members representing employers and members representing workers in agriculture in equal proportions, and of one or more of the appointed members, and may refer to any such committee for report and recommendations any matter which they think it expedient so to refer, and may also, if they think fit, delegate to any such committee any of their powers and duties under this Act other than a power or duty to fix, cancel or vary minimum rates of wages or to direct that workers shall be entitled to be allowed holidays.
6
The proceedings of the Board or of a committee thereof shall not be invalidated by a vacancy therein or by a defect in the nomination, election or appointment of the chairman or other member of the Board or of a member of the committee.
7
The Secretary of State may, by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make regulations with respect to the proceedings and meetings of the Board and of any committee thereof, including the appointment of the chairman of the Board and the term of office of the chairman and other members of the Board and the members of committees, the method of voting and the number of members necessary to form a quorum, and any such regulations as to committees may be made so as to apply generally to the procedure of all committees or specially to the procedure of any particular committee; but subject to the provisions of this Schedule and to any regulations so made, the Board and any committee thereof may, respectively, regulate the proceedings in such manner as they think fit.
8
The Secretary of State may, out of moneys provided by Parliament, pay to the members of the Board such allowances by way of compensation for expenses incurred and time lost by them in the performance of their duties as he may, with the consent of the Treasury, determine.
F56F56SECOND SCHEDULE
Ss. 1(2), 2, 6(1)–(4)(8), 8, 9(2), Sch. 2 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
THIRD SCHEDULE Orders of the Scottish Agricultural Wages Board
C81
Where the Board propose to make an order under any provision of this Act, the Board shall—
a
give, in such manner as appears to the Board requisite for informing persons concerned, public notice of the proposed order and of the manner in which and the time (not being less than fourteen days from the date of the notice) within which objections to the proposals may be lodged;
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
and shall consider any objections to the proposals which may be lodged in accordance with the notice.
C92
After considering any such objections the Board may make an order in accordance with their original proposals or with those proposals as modified in such manner as appears to the Board expedient having regard to any objections lodged:
Provided that where it appears to the Board that, having regard to the nature of any modifications which they propose to make in their original proposals, opportunity should be given for the consideration thereof by persons concerned, the Board shall again give and serve notice under the foregoing paragraph, and this paragraph shall apply accordingly.
3
Notwithstanding anything in the foregoing paragraphs of this Schedule, where the Board are satisfied that on the ground of the limited application of a proposed order it is unnecessary to comply with the provisions of those paragraphs and certify accordingly, the Board may, instead of complying with those provisions, give notice of the proposed order in such manner as appears to the Board expedient in the circumstances, and may make the order at any time after the expiration of seven days from the giving of the notice.
4
As soon as may be after the Board have made an order under any provision of this Act they shall give public notice of the making of the order and of the contents thereof in such manner as appears to the Board requisite for informing persons concerned, . . . F58
C105
An order of the Board under any provision of this Act may apply either universally to all workers employed in agriculture F59or to any class of workers (as defined in the order) or to any area or to any such class in any area, subject in each case to any exceptions specified in the order; and an order of the Board fixing or varying 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 may make alternative provisions applying according to different circumstances arising during the currency of a worker’s employment or in connection with the termination thereof.
6
. . . F60, an order of the Board made under any provision of this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like conditions.
C11FOURTH SCHEDULE Enactments Repealed.
The text of s. 18(1), Sch. 4 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.
Session and Chapter. | Short Title. | Extent of Repeal. |
|---|---|---|
1 Edw. 8 & 1 Geo. 6. c. 53 | The Agricultural Wages (Regulation) (Scotland) Act, 1937. | The whole Act. |
1 & 2 Geo. 6. c. 70. | The Holidays with Pay Act, 1938. | Sections one, two, three and five so far as they relate to workers employed in agriculture. |
10 & 11 Geo. 6. c. 15. | The Agricultural Wages (Regulation) Act, 1947. | The whole Act. |
Act amended by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 1