Agricultural Wages (Scotland) Act 1949

SCHEDULES

Section 1.

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 their 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.

Section 2.

SECOND SCHEDULE Constitution and Proceedings of Scottish Agricultural Wages Committees

1 An agricultural wages committee shall consist of not more than eight and not less than five persons representing employers and an equal number of persons representing workers in agriculture in the district (in this Schedule referred to as representative members), of two impartial persons appointed by the Secretary of State and of a chairman.

2 The representative members of the committee shall be nominated in the prescribed manner or elected in the prescribed manner, according as may be prescribed.

3 (1) The chairman of an agricultural wages 'committee shall be appointed annually by the representative members of the committee.

Provided that if the representative members of the committee at any time fail to appoint a chairman within such period as may be prescribed, the appointment may be made by the Secretary of State.

(2) The representative members of a committee may nominate one or more persons for the office of vice-chairman, and the chairman may from time to time appoint one of those persons to act in his place as vice-chairman in his absence.

(3) A representative member of a committee shall not be qualified to be appointed chairman or vice-chairman of the committee of which he is a member.

4 At every meeting of an agricultural wages committee the chairman, if present, shall preside. If the chairman is absent, the vice-chairman, if present, shall preside. If both the chairman and vice-chairman are absent, such member as the members then present choose shall preside.

5 The Secretary of State may appoint a secretary for an agricultural wages committee.

6 (1) At a meeting of an agricultural wages committee the chairman or a vice-chairman presiding at the meeting in his absence shall be entitled to vote, and in case of an equality of votes shall have a second or casting vote, but before exercising his right to vote the chairman or vice-chairman, if so authorised by a resolution of the members of the committee representing employers and the members thereof representing workers, may obtain the advice of the Board or a committee thereof as to the exercise of such right, and may adjourn the meeting in order to enable him to do so.

(2) A resolution for the purposes of the preceding sub-paragraph that is passed at a meeting of an agricultural wages committee unanimously by such of the members thereof representing employers and such of the members thereof representing workers in agriculture as are present and voting shall be deemed, for those purposes, to be a - resolution of those members.

7 (1) An agricultural wages committee 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 sub-committees consisting of persons representing employers and persons representing workers in agriculture in the district in equal proportions, and of a chairman, if the committee think fit, and the committee may refer to any such sub-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 sub-committee any of their powers and duties under this Act.

(2) The members of a sub-committee may, but need not, be members of the committee by which the sub-committee is appointed.

8 The proceedings of an agricultural wages committee or of a sub-committee thereof "shall not be invalidated by a vacancy therein or by a defect in the appointment, nomination or election of the chairman, vice-chairman or other member of the committee or subcommittee.

9 The Secretary of State may make regulations with respect to the proceedings and meetings of agricultural wages committees and sub-committees thereof, including the appointment of chairmen and the term of office of chairmen and other members, the method of voting and the number of members necessary to form a quorum, and any such regulations may be made so as to apply generally to the procedure of all committees or sub-committees or specially to the procedure of any particular committee or sub-committee ; but, subject to the provisions of this Schedule and to any regulations so made, an agricultural wages committee and a sub-committee thereof may respectively regulate their proceedings in such manner as they think fit.

10 The Secretary of State may, out of moneys provided by Parliament, pay to the members of an agricultural wages committee and the members of a sub-committee thereof 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.

Sections 3, 6, 7, 16.

THIRD SCHEDULE Orders of the Scottish Agricultural Wages Board

1 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) serve a like notice by post on the agricultural wages committee for the district to which the order relates ;

and shall consider any objections to the proposals which may be lodged in accordance with the notice.

2 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, and serve a like notice by post on the agricultural wages committee for the district to which the order relates.

5 An order of the Board under any provision of this Act may apply either universally to all workers employed in agriculture in the district to which the order relates or to any special class of workers (as defined in the order) so employed, or to any special area in that district or to any such special class in such a special 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 Without prejudice to the provisions of this Act as to the cancellation and variation of minimum rates of wages and directions as to holidays, 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.

Section 18.

FOURTH SCHEDULE Enactments Repealed

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.