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Docks and Harbours Act 1966

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This is the original version (as it was originally enacted).

51References of disputes about the meaning of "dock work " to a tribunal

(1)Where it appears to the Board or a licensing authority that there is a dispute between the Board or the licensing authority, as the case may be, and any other person about a question to which this section applies, or it appears to any person other than the Board or a licensing authority that there is such a dispute between him and the Board or a licensing authority about such a question, and—

(a)there are for the time being no legal proceedings (including arbitrations) with reference to that question ; and

(b)there has been no previous reference of that question the decision on which is binding under this section on the person to whom it appears as aforesaid;

the question may, subject to the provisions of the next following subsection, be referred by the last-mentioned person to, and if so referred shall be determined by, a tribunal established under section 12 of the Industrial Training Act 1964.

(2)Where the last-mentioned person is neither the Board, nor a licensing authority nor a person who employs others on dock work in, or in the vicinity of, a port or on work of any description to which, or at a place to which, the dispute relates, the question to which the dispute relates may only be referred to any such tribunal as aforesaid by a trade union on behalf of that person, but the fact that the question is so referred shall not make the trade union a party to the dispute or prevent that person from being such a party.

(3)This section applies to the following questions, that is to say—

(a)whether any work is dock work ;

(b)whether any place is in, or in the vicinity of, a port to which a labour scheme for the time being applies.

(4)Where any question to which this section applies arises in any proceedings before a magistrates' court or a sheriff or on an appeal to quarter sessions from a magistrates' court, the court shall, if there has been no previous reference of that question the decision on which is binding under this section on both parties to the proceedings, stay the proceedings and refer it to such a tribunal as aforesaid and the tribunal shall decide it.

(5)In addition to the parties to the dispute or proceedings, the following persons may appear and be heard before the tribunal on a reference under this section:—

(a)the Board;

(b)the licensing authority for the port in question ;

(c)where the question referred is whether work of any description is dock work, any person who employs others on work of that description and any person employed on such work;

(d)where the question referred is whether any place is in, or in the vicinity of, a port, any person who employs others or works at that place.

(6)The tribunal's decision on any reference under this section shall be binding on the following persons:—

(a)the parties to the dispute or proceedings which occasioned the reference;

(b)the Board;

(c)the licensing authority for the port in question ;

(d)any other persons entitled to appear and be heard on the reference who did so appear ;

(e)any court which or sheriff who referred the question to the tribunal and any court of quarter sessions having cognizance of the matter on appeal from any magistrates' court which so referred the question;

but the foregoing provision shall not preclude any of the persons mentioned in paragraphs (a) to (d) of this subsection from challenging the decision on a subsequent reference under this section by any person not so mentioned or by any court.

(7)Where a question is referred under this section to the tribunal, the tribunal shall state the facts which it finds and the reasons for its decision.

(8)Subsection (4) of this section shall not apply to proceedings instituted before the day appointed for the coming into operation of this section.

(9)In this section "trade union " has the same meaning as in the Trade Union Act 1913.

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