http://www.legislation.gov.uk/ukpga/1968/73/section/137Transport Act 1968An Act to make further provision with respect to transport and related matters.1968-10-25texttext/xmlenStatute Law Database2024-06-13Expert Participation2024-05-07 Part X Miscellaneous and General Machinery for negotiation and consultation with staff. <CommentaryRef Ref="c15336321"/>1371This section applies to the following authorities, namely—a. . .the Waterways Board. . . ;bthe new authorities;cthe Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act.2In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—athe settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;bthe promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; andcthe promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.3Every authority to whom this section applies shall send—aexcept in the case of the Waterways Board or such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;bin the case of such an Executive, to the Integrated Transport Authority for the integrated transport area in question or, in Scotland, to the Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority relevant Authority ),copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.4Every authority to whom this section applies shall from time to time, at such times and within such period as—aexcept in the case of the Waterways Board or such an Executive as aforesaid, the Minister; ...aain the case of the Waterways Board, the Scottish Ministers, orbin the case of such an Executive, the relevant Passenger Transport Authority relevant Authority,may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Scottish Ministers or the relevant Passenger Transport Authority relevant Authority as to the progress or lack of progress made in arriving at such agreements as aforesaid.5Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.6Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.7In this section “the Minister”—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin relation to the Scottish Group, means the Secretary of State for Scotland; andcin relation to ... any other authority, means the Secretary of State for Transport.8Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . . Machinery for negotiation and consultation with staff. <CommentaryRef Ref="c15336131"/>1371This section applies to the following authorities, namely—a. . ., the Waterways Board. . . ;bthe new authorities;cthe Executive for any designated area within the meaning of section 9(1) of this Act.2In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—athe settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;bthe promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; andcthe promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.3Every authority to whom this section applies shall send—aexcept in the case of the Waterways Board or such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;aain the case of the Waterways Board, to the Scottish Ministers,bin the case of such an Executive, to the Authority established under the said section 9(1) for the designated area in question,copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.4Every authority to whom this section applies shall from time to time, at such times and within such period as—aexcept in the case of the Waterways Board or such an Executive as aforesaid, the Minister; ...aain the case of the Waterways Board, the Scottish Ministers, orbin the case of such an Executive, the Authority established as aforesaid,may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Scottish Ministers or the Authority so established as to the progress or lack of progress made in arriving at such agreements as aforesaid.5Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.6Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.7In this section “the Minister”—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin relation to the Scottish Group, means the Secretary of State for Scotland; andcin relation to ... any other authority, means the Secretary of State for Transport.8Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . . S. 137 extended by Transport (London) Act 1969 (c. 35), s. 13This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland onlyWords in s. 137(1) repealed (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1)(3), Sch. 12 para. 6(7), Sch. 14; S.I. 1993/3237, art. 2(2)Words repealed by S.I. 1973/338, Sch. 2S. 137(7) substituted by S.I. 1976/1775, Sch. 3 para. 8S. 137(7)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(a)S. 137(7)(c) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(b)Words in s. 137(7)(c) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 5S. 137 extended by Transport (London) Act 1969 (c. 35), s. 13This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland onlyWords in s. 137(1)(a) repealed (6.1.1994) by ss. 150(1)(o), 152(1)(3), Sch. 12 para. 6(7), Sch. 14; S.I. 1993/3237, art 2(2)Words repealed by S.I. 1973/338, Sch. 2Words commencing “Passenger Transport Authority" substituted (E.W.S.) for words commencing “Authority" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18(b)S. 137(7) substituted by S.I. 1976/1775, Sch. 3 para. 8S. 137(7)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(a)S. 137(7)(c) substituted (26.1.1998) by 1997/2971, art. 6(1), Sch. para. 3(b)Words in s. 137(7)(c) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 5Pt. X modified (E.W.S.) (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27Words in s. 137(1)(c) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 14(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1Words in s. 137(3)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 14(3)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1Words in s. 137(3)(b) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 14(3)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1Words in s. 137(4) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 14(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1Words in s. 137(4) substituted (E.W.S.) by Transport Act 1985 (c. 67), s. 57(6), Sch. 3 para. 18(c)Words in s. 137(3)(a) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(2)(a) (with arts. 4-6)S. 137(3)(aa) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(2)(b) (with arts. 4-6)Words in s. 137(4)(a) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(3)(a) (with arts. 4-6)Word in s. 137(4)(a) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(3)(a) (with arts. 4-6)S. 137(4)(aa) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(3)(b) (with arts. 4-6)Words in s. 137(4) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(3)(c) (with arts. 4-6)Words in s. 137(7) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 51(4) (with arts. 4-6)