Wages Councils Act 1979

Supplemental

28 Interpretation

In this Act—

• " employers' association " means any organisation representing employers and any association of such organisations or of employers and such organisations ;

• " homeworkers " means a person who contracts with a person, for the purposes of that person's business, for the execution of work to be done in a place not under the control or management of the person with whom he contracts, and who does not normally make use of the services of more than two persons in the carrying out of contracts for the execution of work with statutory minimum remuneration;

• " organisation ", in relation to workers, means a trade union and, in relation to employers, means an employers' association;

• " prescribed " means prescribed by regulations made by the Secretary of State;

• " the Service" means the Advisory, Conciliation and Arbitration Service;

• " statutory joint industrial council" means a council established by an order made under section 10 above ;

• " statutory minimum remuneration" means remuneration (including holiday remuneration) fixed by an order made under section 14 above;

• " statutory provision " means a provision contained in or having effect under any enactment;

• "superannuation scheme " means any enactment, rules, deed or other instrument, providing for the payment of annuities or lump sums to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise, whether with or without any further or other benefits ;

• " thrift scheme " means any arrangement for savings, for providing money for holidays or for other purposes, under which a worker is entitled to receive in cash sums equal to or greater than the aggregate of any sums deducted from his remuneration or paid by him for the purposes of the scheme ;

• " time rate " means a rate where the amount of the remuneration is to be calculated by reference to the actual number of hours worked;

• " trade union " has the meaning given by section 28 of the [1974 c. 52.] Trade Union and Labour Relations Act 1974 ;

• " wages council" means a wages council established by an order under section 1 above ;

• " worker " means any person—

  (a)

  who has entered into or works under a contract with an employer (whether express or implied, and, if express, whether oral or in writing) whether it be a contract of service or of apprenticeship or any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his; or

  (b)

  whether or not he falls within the foregoing provision, who is a homeworker;

  but does not include any person who is employed casually and otherwise than for the purposes of the business of the employer or other party to the contract;

• " work with statutory minimum remuneration " means work of a description for which, when executed by a worker, statutory minimum remuneration is provided under Part III of this Act.

29 Orders and regulations

(1) The Secretary of State may make regulations for prescribing anything which by this Act is authorised or required to be prescribed.

(2) Any power to make orders or regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument

(3) Any statutory instrument containing any order of the Secretary of State made under Part I or II of this Act or regulations made under any of the provisions of this Act shall (together, in the case of an order, with any report of the Service relating thereto) be laid before Parliament after being made, and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any power conferred by this Act to prescribe the manner in which anything is to be published shall include power to prescribe the date which is to be taken for the purposes of this Act as the date of publication.

30 Expenses

The expenses of the Secretary of State in carrying this Act into effect, and any expenses authorised by the Secretary of State with the consent of the Treasury to be incurred by a wages council, the Service, or a central co-ordinating committee established under this Act by order of the Secretary of State, shall be defrayed out of moneys provided by Parliament.

31 Transitional provisions, amendments and repeals

(1) The transitional provisions and savings in Schedule 5 to this Act shall have effect, but nothing in that Schedule shall be construed as prejudicing section 16 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals).

(2) The enactments specified in Schedule 6 to this Act shall have effect subject to the amendments specified in that Schedule.

(3) The enactments specified in the first column of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

32 Short title, commencement and extent

(1) This Act may be cited as the Wages Councils Act 1979.

(2) This Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.

(3) This Act, except section 27, paragraphs 4 and 5 of Schedule 6 and the repeal of section 127(1)(a) of the [1975 c. 71.] Employment Protection Act 1975 provided for in Schedule 7, shall not extend to Northern Ireland.