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Docks and Harbours Act 1966

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This is the original version (as it was originally enacted).

5Conditions and duration of licences

(1)Without prejudice to subsection (4) of this section, but subject to section 10(2) of this Act, a licence for any port may be granted subject to conditions—

(a)specifying the number of dock workers (other than supplementary workers) who are to be employed by the applicant as permanent workers in that port on the relevant date;

(b)restricting the employment of dock workers by the applicant to a specified berth or a specified part of that port;

(c)restricting the operations in which the applicant may engage to—

(i)the handling of cargoes of a specified description ;

(ii)cargo handling operations of a specified description;

(iii)the provision of ancillary services of a specified description; or

(iv)without prejudice to the foregoing provisions of this paragraph, the handling of cargoes for use for the purposes of a business or undertaking carried on by the applicant.

(2)The Minister may by regulations—

(a)prescribe conditions in substitution for or in addition to those specified in the foregoing subsection as conditions subject to which licences may be granted;

(b)vary any description of condition so specified or prescribed; or

(c)prohibit the inclusion in a licence of any description of condition so specified or prescribed.

(3)Where regulations under the last foregoing subsection prohibit the inclusion of any description of condition in a licence, any condition of that description subject to which any licence has been granted shall cease to have effect on the coming into force of the regulations.

(4)It shall be the duty of the licensing authority, on granting licences for any port on applications made before the commencement of section 1 of this Act, to grant them subject to conditions which will secure that all dock workers in that port (other than supplementary workers and unavailable workers) will not later than the commencement of that section be employed as permanent workers by one or more of the employers to whom the licences are to be granted or by the licensing authority.

(5)A licence shall be granted for a period specified in the licence, being not less than three years nor more than seven years from the date of the coming into force of the licence.

(6)In this section " the relevant date", in relation to a licence, means—

(a)in the case of a licence issued before the commencement of section 1 of this Act, the commencement of that section; and

(b)in any other case, a date specified in the licence, not being more than three months from the coming into force of the licence.

(7)Before deciding whether to grant or refuse a licence or deciding the conditions to be included in a licence the licensing authority shall consult with the Board.

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