Dock Work Regulation Act 1976

7 Loading and unloading operations

(1) This section applies to any work of loading cargo into ships or unloading cargo from ships, other than work done in a port where the 1967 Scheme is in force; and for this purpose " cargo " and " ship " mean the same as in Schedule 4 to this Act and " port" means the same as in section 6 above.

(2) If during the period of one month beginning with the appointed day, any such work is done at premises situated in a definable dock area by individuals employed to do it, then subject to subsection (3) below the employer shall within the period of three months beginning with that day send to the Board a written statement specifying the work and giving with respect to it the additional particulars mentioned below.

(3) The obligation to send a statement under this section—

(a) arises only in respect of work which is done in the course of the employer's business, and for which he is paid (otherwise than by an associated company of his); and

(b) does not fall on any body corporate established as mentioned in paragraph 9 of Schedule 4 to this Act (nationalised undertakings) or any subsidiary of such a body, except—

(i) the British Transport Docks Board and its subsidiaries,

(ii) the British Waterways Board and its subsidiaries, in respect of work done for the purposes of the Board's functions under section 10(1)(b) of the [1962 c. 46.] Transport Act 1962 (provision of port facilities);

and no such statement is required in respect of the loading or unloading of any of the substances mentioned in paragraph 15 of Schedule 4 to this Act.

(4) The additional particulars required in a statement under this section are—

(a) the address or description of the premises where the work of loading or unloading cargo was done ;

(b) the name and business address of the employer;

(c) the minimum and maximum number of individuals who were employed on the work during the month beginning with the appointed day; and

(d) the name of any trade union which is concerned with the classification of the work ;

and a trade union is so concerned if the employer recognises it in respect of workers employed to do (at those premises or elsewhere) any work within Part I of Schedule 4 to this Act and not within Part II of that Schedule.

(5) Where a person is required by subsection (2) above to send the statement there referred to, it shall be an offence for him—

(a) to fail to send the statement within the three months there mentioned; or

(b) to include in a statement furnished in purported compliance with the subsection any matter which he knows to be false or does not believe to be true ;

and a person guilty of an offence under this subsection shall be liable on summary conviction to a fine of not more than £400.

(6) On receiving the statement the Board shall—

(a) forthwith inform any trade union named in it of the contents of the statement and the effect of this section and sections 10 and 11 below and invite the union to make representations within one month; and

(b) after considering any representations received from employers and trade unions concerned and within nine months from the appointed day (or such longer period as the Secretary of State may allow in the case of any particular work), report to the Secretary of State whether or not they recommend that the whole or any part of the work specified in the statement, so far as done at the premises there specified, be classified for the future as dock work.

(7) The Board shall not so recommend if the work appears to them to be within Part II of Schedule 4 to this Act; but subject to this they shall, in preparing their report for the Secretary of State, consider whether the work—

(a) is such that those employed on it need training, aptitudes and experience the same as, or similar to, those of registered dock workers ; and

(b) requires for its efficient performance the engagement of a permanent labour force ;

and in so far as their opinion on those questions is affirmative those shall (in the absence of countervailing considerations) be grounds for recommending classification.

(8) The Board shall for the purposes of their report consult such persons as appear to them to be concerned with its subject matter; and they shall in particular consult—

(a) the National Ports Council as to any relevant responsibilities of that Council under the [1964 c. 40.] Harbours Act 1964 ;

(b) the Minister of Agriculture, Fisheries and Food as to any relevant responsibilities of his in relation to fishery harbours; and

(c) the Secretary of State as to any relevant responsibilities of his (under the Harbours Act 1964, or otherwise) in relation to marine works in Scotland.

(9) The Board shall in their report—

(a) record for the Secretary of State the views of those they have consulted and also any representations made by the employers and trade unions concerned; and

(b) state whether or not the Board have it in mind to make any recommendation under section 8 below in respect of other work done or to be done, under the same employer, at or near the same premises.

(10) Copies of the Board's report shall be given—

(a) to all those who are employers of workers on work to which the report relates ;

(b) to any trade union which is recognised by such an employer in respect of any such workers ; and

(c) to any other person appearing to the Board to be concerned with the subject matter of the report,

together with an intimation by the Board that they have one month in which to make representations to the Secretary of State.