Employment Protection Act 1975

SCHEDULES

Sections 1, 7 and 10.

SCHEDULE 1 E+W+S Advisory, Conciliation and Arbitration Service, Etc.

Part I E+W+S Constitution Etc. of Advisory, Conciliation and Arbitration Service and its Council

The Council E+W+S

1 The Service shall be directed by a Council constituted in accordance with paragraphs 2 to 4 below and shall be a body corporate of which the corporators are the members of that Council.

2 (1) The Council shall consist of a full-time chairman appointed by the Secretary of State and, subject to sub-paragraphs (3)(b) and (4) below, nine other members appointed by the Secretary of State in accordance with sub-paragraph (2) below.

(2) Before appointing the members of the Council (other than the chairman and any deputy chairman appointed as mentioned in sub-paragraph (3)(b) below) the Secretary of State shall—

(a) as to three of them, consult such organisations representing employers as he considers appropriate; and

(b) as to three of them, consult such organisations representing workers as he considers appropriate.

(3) The Secretary of State may appoint up to three full-time or part-time deputy chairmen of the Council who may be appointed—

(a) from the members appointed in accordance with sub-paragraph (2) above or sub-paragraph (4) below; or

(b) in addition to those members.

(4) The Secretary of State may, if he thinks fit, appoint a further two members of the Council (who shall be appointed so as to take office at the same time) and before making those appointments he shall—

(a) as to one of them, consult such organisations representing employers as he considers appropriate; and

(b) as to one of them, consult such organisations representing workers as he considers appropriate.

3 (1) Subject to the following provisions of this paragraph, the members, chairman and any deputy chairman of the Council shall hold and vacate office in accordance with their terms of appointment.

(2) A person shall not be appointed to the Council for a term exceeding five years; but previous membership shall not affect eligibility for re-appointment.

(3) The Secretary of State may appoint persons to the Council either as full-time members or as part-time members.

(4) The Secretary of State may, with the consent of the member concerned, vary the terms of appointment of any member of the Council so as to provide for him to serve as a full-time member instead of a part-time member or, as the case may be, as a part-time member instead of as a full-time member.

(5) A member may at any time resign his membership, and the chairman and any deputy chairman may at any time resign his office as such, by, in each case, notice in writing addressed to the Secretary of State.

(6) A deputy chairman appointed as mentioned in paragraph 2(3)(b) above shall on resigning his office as deputy chairman cease to be a member of the council.

(7) If the Secretary of State is satisfied that a member—

(a) has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council; or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) is incapacitated by physical or mental illness; or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

(8) In the application of sub-paragraph (7) above to Scotland for the references in paragraph (b) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively references to a member’s estate having been sequestrated and to a member’s having made a trust deed for behoof of his creditors or a composition contract.

(9) If the chairman ceases to be a member of the Council, or if a deputy chairman ceases to be a member of the Council, he shall cease to be chairman or, as the case may be, a deputy chairman.

4 (1) The Council shall determine its own procedure, including the quorum necessary for its meetings.

(2) If the Secretary of State has not appointed a deputy chairman the Council may choose a member to act as chairman in the absence or incapacity of the chairman.

5 The validity of any proceedings of the Council shall not be affected by any vacancy among the members of the Council or by any defect in the appointment of any member of the Council.

Staff E+W+S

6 The Service may, with the approval of the Secretary of State, appoint a secretary, such an appointment shall not be made without the consent as to terms and conditions of service of the Secretary of State, and such consent shall not be given without the approval of the Minister for the Civil Service.

7 The Service may appoint such other officers and servants as it may determine with the consent as to numbers, manner of appointment and terms and conditions of service of the Secretary of State; and such consent shall not be given without the approval of the Minister for the Civil Service.

8 The Service shall provide for the Certification Officer and the Committee the requisite staff (from among the Service’s officers and servants) and the requisite accommodation, equipment and other facilities.

Supplemental E+W+S

9 The Service shall maintain offices in such of the major centres of employment in Great Britain as it thinks fit for the purpose of discharging its functions under any enactment.

10 (1) The fixing of the common seal of the Service shall be authenticated by the signature of the secretary of the Service or some other person authorised by the Service to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Service shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

11 (1) The functions of the Service and of its officers and servants shall be performed on behalf of the Crown, but, subject to paragraph 35 below, the Service shall not be subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise any of its functions under any enactment.

(2) For the purposes of any civil proceedings arising out of those functions, the M1 Crown Proceedings Act 1947 and the M2 Crown Suits (Scotland) Act 1857 shall apply to the Service as if it were a government department within the meaning of the said Act of 1947 or, as the case may be, a public department within the meaning of the said Act of 1857.

Marginal Citations

M1 1947 c. 44.

M2 1857 c. 44.

12 Nothing in section 9 of the Statistics of Trade Act 1947 (restriction on the disclosure of information obtained under that Act) shall prevent or penalise the disclosure to the Service for the purpose of the exercise of any of its functions, of information obtained under that Act by any government department.

13 (1) The Service shall, as soon as practicable after the end of each calendar year, make a report to the Secretary of State on its activities and the activities of the Central Arbitration Committee during that year.

(2) The Certification Officer shall, as soon as practicable after the end of each calendar year, make a report of his activities during that year to the Service and to the Secretary of State.

(3) The Secretary of State shall lay before each House of Parliament a copy of every report received by him under sub-paragraph (1) or sub-paragraph (2) above and shall arrange for it to be published.

Part II E+W+S Central Arbitration Committee

Constitution E+W+S

14 (1) The Committee shall consist of a chairman appointed by the Secretary of State after consultation with the Service and other members appointed by the Secretary of State in accordance with sub-paragraph (2) below.

(2) The members of the Committee (apart from the chairman) shall be appointed by the Secretary of State from persons nominated by the Service as experienced in industrial relations and shall include some persons whose experience is as representatives of employers and some persons whose experience is as representatives of workers.

(3) The Secretary of State may, after consultation with the Service, appoint one or more deputy chairmen of the Committee in addition to the existing members of the Committee.

15 (1) Subject to the following provisions of this paragraph, the members, chairman and any deputy chairman of the Committee shall hold and vacate office in accordance with their terms of appointment.

(2) A person shall not be appointed to the Committee for a term exceeding five years; but previous membership shall not affect eligibility for re-appointment.

(3) The Secretary of State may, with the consent of the member concerned, vary the terms of appointment of any member of the Committee so as to provide for him to serve as a full-time member instead of a part-time member or, as the case may be, as a part-time member instead of as a full-time member.

(4) A member may at any time resign his membership, and the chairman and any deputy chairman may at any time resign his office as such, by, in each case, notice in writing addressed to the Secretary of State.

(5) If the Secretary of State is satisfied that a member—

(a) has become bankrupt or made an arrangement with his creditors; or

(b) is incapacitated by physical or mental illness; or

(c) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

(6) In the application of sub-paragraph (5) above to Scotland for the references in paragraph (a) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively references to a member’s estate having been sequestrated and to a member’s having made a trust deed for behoof of his creditors or a composition contract.

(7) If the chairman ceases to be a member of the Committee, or if a deputy chairman ceases to be a member of the Committee, he shall cease to be chairman or, as the case may be, a deputy chairman.

16 (1) At any time when the chairman of the Committee is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Committee has a deputy chairman or deputy chairmen—

(a) the deputy chairman, if there is only one; or

(b) if there is more than one deputy chairman, such one of them as they may agree or, in default of agreement, as the Secretary of State may direct,

may perform any of the functions of the chairman of the Committee.

(2) At any time when every person who is chairman or deputy chairman of the Committee is absent or otherwise incapable of acting, or there is no such person, such member of the Committee as the Secretary of State may direct, may perform any of the functions of the chairman of the Committee.

Proceedings E+W+S

17 (1) For the purpose of discharging any of its functions under this or any other enactment, the Committee shall, subject to sub-paragraph (2) below, consist of the chairman and such other members as the chairman may direct.

(2) The Committee may sit in two or more divisions constituted of such members as the chairman may direct, and in a division in which the chairman does not sit the functions of the chairman shall be performed by a deputy chairman.

(3) The Committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more assessors, and may settle the matter wholly or partly with their assistance.

18 The Committee may at the discretion of the chairman sit in private where it appears expedient to do so.

19 If in any case the Committee cannot reach a unanimous decision on its award the chairman shall decide the matter acting with the full powers of an umpire, or, in Scotland, an oversman.

20 Subject to paragraphs 17 to 19 above, the Committee shall determine its own procedure.

21 The validity of any proceedings of the Committee shall not be affected by any vacancy among the members of the Committee or by any defect in the appointment of any member of the Committee.

Awards E+W+S

22 The Committee may correct in any award any clerical mistake or error arising from an accidental slip or omission.

23 (1) If any question arises as to the interpretation of an award of the Committee, any party to the award may apply to the Committee for a decision on that question.

(2) The Committee shall decide the question after hearing the parties or, if the parties consent, without a hearing, and shall notify the parties of the decision.

24 Decisions of the Committee in the exercise of any of its functions conferred by any enactment shall be published.

Supplemental E+W+S

25 For the purpose of assisting the Service in the discharge of its duty under paragraph 13(1) above, the Committee shall, as soon as practicable after the end of each calendar year, transmit to the Service an account of its activities during that year.

26 Part I of the M3 Arbitration Act 1950 shall not apply to any proceedings of the Committee.

Marginal Citations

M3 1950 c. 27.

27 The functions of the Committee shall be performed on behalf of the Crown, but the Committee shall not be subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise any of its functions under any enactment.

Part III E+W+S Supplementary Provisions

Remuneration and allowances E+W+S

28 The Service shall pay to—

(a) members of the Council of the Service;

(b) members of the Central Arbitration Committee; and

(c) the Certification Officer and any assistant certification officer,

such remuneration and travelling and other allowances as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

29 The Service may pay to—

(a) persons appointed under section 2(2) above who are not officers or servants of the Service; and

(b) arbitrators or arbiters appointed by the Service under any provision of this Act or any other enactment,

such fees and travelling and other allowances as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

Sums payable on retirement E+W+S

30 The Secretary of State may pay, or make provision for paying, to, or in respect of, any holder of an office mentioned in paragraph 28 above, such pension, allowance or gratuity on the death or retirement of that office-holder as he may, with the approval of the Minister for the Civil Service, determine.

31 Where a person ceases to be the holder of an office mentioned in paragraph 28 above otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make him a payment of such amount as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

32 The Service shall pay to the Minister for the Civil Service, at such times in each accounting year as may be determined by that Minister subject to any directions of the Treasury, sums of such amounts as he may so determine for the purpose of this paragraph as being equivalent to the increase during that year of such liabilities of his as are attributable to the provision of pensions, allowances or gratuities to or in respect of persons who are or have been in the service of the Service in so far as that increase results from the service of those persons during that accounting year and to the expense to be incurred in administering those pensions, allowances or gratuities.

[F1 Expenses of hearings before the Certification Officer] E+W+S

Textual Amendments

F1 Sch. 1 Pt. III para. 32A inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 22(3)

32A The Service shall pay to the Certification Officer such sums as he may require for the making of payments in pursuance of any scheme made by the Secretary of State under section 22(2) of the Employment Act 1988.

Expenses E+W+S

33 The Secretary of State shall pay to the Service such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the Service to perform its functions.

Accounts E+W+S

34 It shall be the duty of the Service to keep proper accounts and proper records in relation to the accounts.

35 (1) The Service shall prepare in respect of each accounting year a statement of accounts, in particular showing separately any sums disbursed to or on behalf of the Committee or the Certification Officer in consequence of the foregoing provisions of this Schedule, in such form as the Secretary of State may direct with the approval of the Treasury.

(2) The Service shall, not later than 30th November following the end of the accounting year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General, and the Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay copies of each statement and of his report before each House of Parliament.

(3) In this paragraph “accounting year” means the period of 12 months ending with 31st March in any year except that the first accounting year of the Service shall, if the Secretary of State so directs, be such period shorter or longer than 12 months (but not longer than two years) as is specified in the direction.

F2 F2 SCHEDULES 2—6 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

F3 F3 SCHEDULES 7—8 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Ss. 89–96, Schs. 7, 8, Sch. 17 para. 11 repealed by Wages Councils Act 1979 (c. 12), Schs 5, 7

Section 97.

SCHEDULE 9 E+W+S M4 Amendments of Agricultural Wages Act 1948

Marginal Citations

M4 1948 c. 47.

Part I E+W+S Section 3, AS SUBSTITUTED

Modifications etc. (not altering text)

C1 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Power of Agricultural Wages Board to fix wages, holidays and other terms and conditions. E+W+S

3 (1) Subject to and in accordance with the provisions of this section, the Board shall have power, for each county for which an agricultural wages committee is established under this Act, to make an order in accordance with the provisions of Schedule 4 to this Act—

(a) fixing minimum rates of wages ;

(b) directing holidays to be allowed ;

(c) fixing any other terms and conditions of employment ;

for workers employed in agriculture.

(2) The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—

(a) fixing minimum rates for time work ;

(b) fixing minimum rates for piece work ;

(c) fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis ; or

(d) fixing separate minimum rates by way of pay in respect of holidays:

Provided that the minimum time rate for piece work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.

(2A) it shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.

(3) An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—

(a) shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of holiday have been or are being fixed under this section for that worker ;

(b) shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday ; and

(c) subject as aforesaid, may make provision as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.

(3A) An order under this section fixing separate minimum rates of wages in respect of holidays may make provision—

(a) with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and

(b) for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to the allowed a holiday by him, nevertheless become payable by the employer to the worker.

(4) any such minimum rates of wages as are mentioned in subsection (2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment, or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.

In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.

(5) An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 4 to this Act) the original proposals to which effect is given, with or without modifications, by the order.

(6) Any increase of wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—

(a) in the case of a worker who is in the employment of the employer on that date, a period beginning with that date ;

(b) in the case of a worker who is no longer in the employment of the employer on that date a period beginning with that date or the date on which the employer receives from the worker or person acting on his behalf a request in writing for those wages, whichever is the later.

(7) Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that Workers employed in agriculture receive remuneration calculated by reference to periods during the currerncy of their employment.

Part II E+W+S Minor and Consequential Amendments

1 E+W+S In section 4(1) (enforcement) after paragraph (c) there shall be inserted the words “or

(d) to pay to any such worker arrears of wages within the period specified in the order”;

and accordingly references in the provisions of that section following that paragraph and in any other provisions of the Agricultural Wages Act 1948 to wages or to the payment of wages at a rate not less than the minimum rate or the minimum rate applicable shall include references to arrears of wages or their payment, as the case may require.

2 (1) In section 5 (permits to incapacitated persons) after subsection (2) insert the following subsection:— E+W+S

“(2A) If on an application in that behalf an agricultural wages committee are satisfied that a worker employed or desiring to be employed in their county is so affected by any physical injury or mental deficiency, or any infirmity due to age or any other cause, as to make it inappropriate for any terms and conditions of employment (other than those with respect to wages and holidays) fixed by an order under this Act to apply to him, the committee shall grant him, subject to any conditions they may determine, a permit dispensing, as from the date of the application or a later date specified in the permit, with a term or condition specified in the order, and while the permit is in force and any conditions to which the permit is subject are complied with, the terms and conditions fixed by the order shall be deemed to be observed.”

(2) In section 5(3) (revocation of permit) after the words “subsection (1)” in both places where they occur insert the words “or (2A)”.

(3) In section 5(4) (variation of condition of permit) at the end insert the words “and, in the case of a variation caused by a change made by an order under this Act in the minimum rates of wages, that variation shall take effect from a date specified in the direction, not being earlier than the date of the change”.

(4) After section 5(4) insert the following subsection:—

“(4A) Any increase of wages payable by virtue of a variation of a permit under subsection (4) of this section in respect of any time before the date of the variation shall be paid by the employer within a period specified in the order being—

(a) in the case of a worker who is in the employment of the employer on the date on which notice of the variation is given in accordance with subsection (5) of this section, a period beginning with that date ;

(b) in the case of a worker who is no longer in the employment of the employer on the date referred to in the last preceding paragraph, a period beginning with that date or the date on which the employer receive from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later”.

Modifications etc. (not altering text)

C2 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 (1) In section 11(1) (void agreements) at the end add the following paragraph:— E+W+S

“(c) any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed”.

(2) In section 11(2) (saving for more favourable agreements), at end add the words “or a term or condition of a contract of employment that is not consistent with a term or condition so fixed”.

Modifications etc. (not altering text)

C3 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 (1) In section 12(3)(a) (inspection of records), at the end add the words “and records of terms and conditions of employment of such workers”. E+W+S

(2) In section 12(5) omit the words from “ and in any such civil proceedings” onwards, and at the end of that subsection insert the following subsections:—

“(5A) Where it appears to an officer so appointed that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the officer(if he is authorised as aforesaid) may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.

(5B) In any civil proceedings instituted by an officer by virtue of this section the court shall, if the officer is not a party to the proceedings, have the same power to make an order for the payment of costs by the officer as if he were a party to the proceedings.”

(3) In section 12, for subsection (6) (saving for ordinary right to bring proceedings) substitute the following subsection:—

“(6) Nothing in subsection (5) or (5A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections of proceedings of any description mentioned in those subsections.”

Modifications etc. (not altering text)

C4 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 E+W+S The provisions specified in column 1 of the following Table (which create offences) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that provision were a fine not exceeding the amount specified in column 3 of that Table instead of a fine not exceeding the amount specified in column 2 of that Table.

Table

Provision	Old maximum fine	New maximum fine
Section 4(1) (failure to pay wages, or arrears, or allow holidays).	£20 and in addition £1 for each day on which the offence is continued after conviction.	[F4 level 3 on the standard scale]an additional £5 for each day on which the offence is continued after conviction.
Section 6(6) (payment of unlawful premiums).	£20.	[F4 level 3 on the standard scale]
Section 12(7) (hindering officers (paragraph (a)), failure to produce documents or information (paragraph (b)), producing false documents (paragraph (c)) and furnishing false information (paragraph (d))).	£20.	[F4 level 3 on the standard scale]in the case of an offence under paragraph (a) or (b) and [F4 level 5 on the standard scale]in the case of an offence under paragraph (c) or (d).

Textual Amendments

F4 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

6 E+W+S In paragraph 6 of Schedule 4 (power to vary and revoke orders) omit the words from the beginning to “holidays”.

Modifications etc. (not altering text)

C5 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 97.

SCHEDULE 10 E+W+S M5 Amendments of Agricultural Wages (Scotland) Act 1949

Marginal Citations

M5 1949 c. 30.

Part 1 E+W+S Section 3, As Substituted

Modifications etc. (not altering text)

C6 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Power of Scottish Agricultural Wages Board to fix rates of wages and holidays. E+W+S

3 (1) Subject to and in accordance with the provisions of this section, the Board shall have power to make an order in accordance with the provisions of Schedule 3 to this Act—

(a) fixing minimum rates of wages ;

(b) directing holidays to be allowed ;

(c) fixing any other terms and conditions of employment

for workers employed in agriculture.

(2) The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—

(a) fixing minimum rates for time work ;

(b) fixing minimum rates for piece work ;

(c) fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis ; or

(d) fixing separate minimum rates by way of pay in respect of holidays:

Provided that the minimum time rate for piece-work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.

(2A) It shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.

(3) An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—

(a) shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of the holiday have been or are being fixed under this section for that worker ;

(b) shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday ; and

(c) subject as aforesaid, may make provisions as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.

(3A) An order under this section fixing separate minimum rates of wages in respect of holiday may make provision—

(a) with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and

(b) for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.

(4) Any such minimum rates of wages as are mentioned in subsection(2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.

In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.

(5) An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 3 to this Act) the original proposals to which effect is given, with or without modifications, by the order.

(6) Any increase of wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—

(a) in the case of a worker who is in the employment of the employer on that date, a period beginning with that date;

(b) in the case of a worker who is no longer in the employment of the employer on that date a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later.

(7) Nothing in this section shall be construed as preventing the Board fixing 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.

Part II E+W+S Minor and Consequential Amendments

1 E+W+S In section 4(1) (enforcement), after paragraph (c) there shall be inserted the words “or

(d) to pay to any such worker arrears of wages within the period specified in the order;”

and accordingly references in the provisions of that section following that paragraph and in any other provisions of the M6 Agricultural Wages (Scotland) Act 1949 to wages or to the payment of wages at a rate not less than the minimum rate or the minimum rate applicable shall include references to arrears of wages or their payment, as the case may require.

Marginal Citations

M6 1949 c. 30.

2 (1) In section 5 (permits to infirm and incapacitated persons), after subsection (2) there shall be inserted the following subsection:— E+W+S

“(2A) If on application in that behalf the Secretary of State is satisfied that a worker employed or desiring to be employed is so affected by any physical injury or mental deficiency, or any infirmity due to age or any other cause, as to make it inappropriate for any terms and conditions of employment (other than those with respect to wages and holidays) fixed by an order under this Act to apply to him, the Secretary of State shall grant him, subject to any conditions he may determine, a permit dispensing, as from the date of the application or a later date specified in the permit, with a term or condition specified in the order, and while the permit is in force and any conditions to which the permit is subject are complied with, the terms and conditions fixed by the order shall be deemed to be observed.”

(2) In section 5(3) (revocation of permit), after the words “subsection (1)”, in both places where they occur, there shall be inserted the words “or (2A)”.

(3) In section 5(4) (variation of condition of permit),

(a) after the words “subsection (1)” there shall be inserted the words “or (2A)”;

(b) at the end there shall be inserted the words “and, in the case of variation caused by a change made by an order under this Act in the minimum rates of wages, that variation shall take effect from a date specified in the direction, not being earlier than the date of the change”.

(4) In section 5(4A), after the words “subsection (1)” there shall be the words inserted “or (2A)”.

(5) After section 5(4A) there shall be inserted the following subsection:—

“(4B) Any increase of wages payable by virtue of a variation of a permit under subsection (4) of this section in respect of any time before the date of the variation shall be paid by the employer within a period specified in the order being—

(a) in the case of a worker who is in the employment of the employer on the date on which notice of the variation is given in accordance with subsection (5) of this section a period beginning with that date;

(b) in the case of a worker who is no longer in the employment of the employer on the date referred to in the last preceding paragraph, a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later”.

Modifications etc. (not altering text)

C7 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 (1) In section 11(1) (void agreements), at end there shall be added the following paragraph:— E+W+S

“(c) any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed”.

(2) In section 11(2) (saving for more favourable agreements), at end there shall be added the words “or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed”.

Modifications etc. (not altering text)

C8 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 (1) In section 12(3)(a) (inspection of records), at the end there shall be added the words “and records of terms and conditions of employment of such workers”. E+W+S

(2) In section 12(4), the words from “and in any such civil proceedings” onwards shall be omitted and at the end of that subsection there shall be inserted the following subsections:—

“(4A) Where it appears to the Secretary of State that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the Secretary of State may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.

(4B) In any civil proceedings instituted by the Secretary of State by virtue of this section the court shall, if the Secretary of State is not a party to the proceedings, have the same power to make an order for the payment of expenses by the Secretary of State as if he were a party to the proceedings.”.

(3) In section 12, for subsection (5) (saving for ordinary right to bring proceedings) substitute the following subsection:— “ Nothing in subsection (4) or (4A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections proceedings of any description mentioned in those subsections ”.

Modifications etc. (not altering text)

C9 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 E+W+S The provisions specified in column 1 of the following Table (which create offences) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that provision were a fine not exceeding the amount specified in column 3 of that Table instead of a fine not exceeding the amount specified in column 2 of that Table.

Table

Provision	Old maximum fine	New maximum fine
Section 4(1) (failure to pay wages, or arrears, or allow holidays).	£20 and in addition £1 for each day on which the offence is continued after conviction.	[F5 level 3 on the standard scale]and an additional £5 for each day on which the offence is continued after conviction.
Section 6(6)(payment of unlawful premiums).	£20	[F5 level 3 on the standard scale]
Section 12(6) (hindering officers (paragraph (a)), failure to produce documents or information (paragraph (b)), producing false documents (paragraph (c)) and furnishing false information (paragraph (d))).	£20	[F5 level 3 on the standard scale]in the case of an offence under paragraph (a) or (b) and [F5 level 5 on the standard scale]in the case of an offence under paragraph (c) or (d).

Textual Amendments

F5 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G

6 E+W+S In paragraph 6 of Schedule 3 (power to vary and revoke orders), the words from the beginning to “holidays” shall be omitted.

Modifications etc. (not altering text)

C10 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F6 F6 SCHEDULE 11 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 11–16, 98, Sch. 11 repealed with saving by Employment Act 1980 (c. 42), Sch. 2 and S.I. 1980/1170, art. 4, Sch. 3

F7 SCHEDULE 12 E+W+S

Textual Amendments

F7 Sch. 12 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

Part I E+W+S General

Introductory E+W+S

1 In this Schedule “the relevant provisions” means the provisions of this Act (including this Schedule) conferring rights on employees, or connected therewith, . . . F8 .

Textual Amendments

F8 Words repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

Institution or continuance of tribunal proceedings E+W+S

2 Where an employee or employer has died tribunal proceedings arising under any of the relevant provisions may be instituted or continued by a personal representative of the deceased employee or, as the case may be, defended by a personal representative of the deceased employer.

3 (1) If there is no personal representative of a deceased employee, tribunal proceedings arising under any of the relevant provisions (or proceedings to enforce a tribunal award made in any such proceedings) may be instituted or continued on behalf of the estate of the deceased employee by such other person as the industrial tribunal may appoint being either—

(a) a person authorised by the employee to act in connection with the proceedings before the employee’s death; or

(b) the widower, widow, child, father, mother, brother or sister of the deceased employee,

and references in this Schedule to a personal representative shall be construed as including such a person.

(2) In such a case any award made by the industrial tribunal shall be in such terms and shall be enforceable in such manner as may be provided by regulations made by the Secretary of State.

4 (1) Subject to any specific provision of this Schedule to the contrary, in relation to an employee or employer who has died—

(a) any reference in the relevant provisions to the doing of anything by or in relation to an employee or employer shall be construed as including a reference to the doing of that thing by or in relation to any personal representative of the deceased employee or employer; and

(b) any reference in the said provisions to a thing required or authorised to be done by or in relation to an employee or employer shall be construed as including a reference to any thing which, in accordance with any such provision as modified by this Schedule (including sub-paragraph (a) above), is required or authorised to be done by or in relation to any personal representative of the deceased employee or employer.

(2) Nothing in this paragraph shall prevent references in the relevant provisions to a successor of an employer from including a personal representative of a deceased employer.

Rights and liabilities accruing after death E+W+S

5 Any right arising under any of the relevant provisions as modified by this Schedule shall, if it had not accrued before the death of the employee in question, nevertheless devolve as if it had so accrued.

6 Where by virtue of any of the relevant provisions as modified by this Schedule a personal representative of a deceased employer is liable to pay any amount and that liability had not accrued before the death of the employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before the death.

Death during protected period E+W+S

7 Where an industrial tribunal makes a protective award under section 101 above and an employee of a description to which the award relates dies during the protected period, the award shall be treated in his case as if it specified a protected period of such length as to end on the date of his death.

Part II E+W+S

8—12. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

Textual Amendments

F7 Sch. 12 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

section 110.

SCHEDULE 12 E+W+S Death of Employee or Employer

Section 114.

SCHEDULE 13 E+W+S Amendments of the M7 Employment Agencies Act 1973

Marginal Citations

M7 1973 c.35

1 In sections 1 and 2, for the words “licensing authority”, wherever they occur, substitute the words “Secretary of State”.

Modifications etc. (not altering text)

C11 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 In section 1(2)(b) for the words from “time for appealing” to end, substitute the words “refusal is notified to him in accordance with section 3(10) of this Act”.

Modifications etc. (not altering text)

C12 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 (1) After section 2(3) insert the following subsection—

“(3A) A licence may be revoked by the Secretary of State on any of the grounds specified in subsection (3) of this section”.

(2) Section 2(4) is hereby repealed.

(3) In section 2(5) omit the words “time for appealing” to the end, substitute the words “refusal is notified to him in accordance with section 3(10) of this Act”.

Modifications etc. (not altering text)

C13 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 For sections 3 and 4, substitute the following section—

“3 Right to make representations.

“3 (1) Where the Secretary of State proposes to refuse or to revoke a licence he shall notify the applicant for or the holder of the licence of—

(a) the proposal and the reasons for it; and

(b) his right under this section to make written representations relating to that proposal and the time within which that right may be exercised.

(2) A person who receives a notification of a proposal such as is mentioned in subsection (1) of this section may make written representations about it to the Secretary of State.

(3) Written representations in relation to a proposal to refuse or revoke a licence must be received by the Secretary of State within 21 days of the receipt of the notification of that proposal.

(4) If the Secretary of State receives such representations within the time specified in subsection (3) of this section, he shall consider them and—

(a) if he decides not to proceed with the proposal, and accordingly decides to grant or not to revoke the licence, shall notify the applicant or holder of his decision;

(b) in any other case, shall appoint a person to consider the representations on his behalf, and shall notify the applicant or holder of that appointment and of the name of the appointed person, and shall require the applicant or holder to state within 14 days whether he wishes to make oral representations to the appointed person.

(5) If a person who receives such a notification as is mentioned in subsection (4)(b) of this section expresses, within the time mentioned in that paragraph, a wish to make oral representations to the appointed person the Secretary of State shall give the former written notice of the place, date and time of the hearing.

(6) A notice under subsection (5) of this section shall not specify a date for the hearing earlier than 21 days from the date of the notice, unless the person who wishes to make the representations has agreed to an earlier hearing.

(7) The appointed person shall, in accordance with the notice given under subsection (5) of this section, afford to the person who wishes to make oral representations an opportunity to do so, either in person or by any person authorised by him in that behalf.

(8) The appointed person shall consider the written representations referred to in subsection (4) of this section and any oral representations made under subsection (7) of this section, and shall make a repoer to the Secretary of State giving his findings of fact and his recommendations.

(9) Where representations relating to a proposal have been made under this section, the Secretary of state may make a final decision relating to that proposal only after receiving and considering the report on it of the appointed person.

(10) The Secretary of State shall notify the applicant, or holder, of his decision and the reasons for it and shall send him a copy of the appointed person’s report”.

Modifications etc. (not altering text)

C14 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 E+W+S Section 8 is hereby repealed.

Modifications etc. (not altering text)

C15 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 (1) In section 9(1) for the words “of a licensing authority by them in that behalf” substitute the words “duly authorised in that behalf by the Secretary of State”.

(2) In section 9(1)(c) for the words“licensing authority” and“their” substitute respectively the words “Secretary of State” and “his”.

(3) In section 9(4)(a)sub-paragraph (ii) and (iii) are hereby repealed, sub-paragraphs (iv) and (v) shall be renumbered as, respectively, sub-paragraphs (ii) and (iv), and after the renumbered sub-paragraph (ii) there shall be inserted the following sub-paragraph—

“(iii) by the Secretary of State, or an officer or servant appointed by, or persons exercising functions on behalf of, the Secretary of State to the person carrying on or proposing to carry on the employment agency or employment business concerned, to any person in his employment or, in the case of information relating to a person availing himself of the services of such an agency or business, to that person; or”,

and in sub-paragraph (iv) (as renumbered) for the words from “on an appeal” to the end, substitute the words “under section 3(7) of this Act”.

Modifications etc. (not altering text)

C16 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 E+W+S In section 13(1), the definition of “licensing authority” is hereby repealed.

Modifications etc. (not altering text)

C17 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 115.

Schedule 14 E+W+S Amendments of the M8 Employment and Training Act 1973

Marginal Citations

M8 1973 c.50

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 14 para. 1, 4, 5 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

(2)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F11 Sch. 14 para. 2(1) repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4

F12 Sch. 14 para. 2(2)–(5) repealed by Employment Subsidies Act 1978 (c. 6), s. 3(7)(b)

3 E+W+S After section 13(1) insert the following subsection:—

“(1A) Any reference in this Act to redundancy shall be construed as a reference in the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965”.

Modifications etc. (not altering text)

C18 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4, 5. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 14 para. 1, 4, 5 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

6 E+W+S The following provisions and passages are hereby repealed:—

Section 7.

In section 13(1), in the definition of “employee” the words “, except in Schedule, 1” and in the definition of “employment” the words “, except in section 7 and Schedule 1,”.

Section 13(5).

In section 15(3), the references to paragraphs 5 and 13 of Schedule 3.

In Schedule 1, in paragraph 10(1) the words from “and any” to the end, paragraphs 10(2), 11, 12 and 16.

In Schedule 3, paragraphs 5 and 13.

Modifications etc. (not altering text)

C19 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 116

Schedule 15 E+W+S Amendments of the M9 Health and Safety at Work Etc. Act 1974

Marginal Citations

M9 1974 c.37

1 E+W+S In section 1(2) omit the words “and agricultural health and safety regulations”.

Modifications etc. (not altering text)

C20 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 E+W+S In section 2, omit subsection (5) and in subsection (7) for the words “subsections (4) and (5)” substitute the words “subsection (4)”.

Modifications etc. (not altering text)

C21 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 E+W+S After section 10(7) insert the following subsection:—

“(8) For the purposes of any civil proceedings arising out of those functions, the Crown Proceedings Act 1947 and the Crown Suits (Scotland) Act 1857 shall apply to the Commission and the Executive as if they were governments departments within the meaning of the said Act of 1947 or, as the case may be, public departments within the meaning of the said Act of 1857”.

Modifications etc. (not altering text)

C22 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 E+W+S In section 11, in subsection (1) omit the words “except as regards matters relating exclusively to agricultural operations”, and in subsection (2) omit the words “except as aforesaid”.

Modifications etc. (not altering text)

C23 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 E+W+S In section 14(2), omit the words from “but shall not do so” to “agricultural operations”.

Modifications etc. (not altering text)

C24 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 E+W+S In section 15, for subsection (1) substitute—

“(1) Subject to the provisions of section 50, the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly shall have power to make regulations under this section for any of the general purposes of this part (and regulations so made are in this Part referred to as “health and safety regulations”).”.

Modifications etc. (not altering text)

C25 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 E+W+S In section 16(1), omit the words “and except as regards matters relating exclusively to agricultural operations”.

Modifications etc. (not altering text)

C26 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 E+W+S In section 18, in subsection (3) omit the words “or agricultural health and safety regulations”, and in subsection (5) omit the words “the appropriate Agriculture Minister”.

Modifications etc. (not altering text)

C27 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 E+W+S In section 28, after subsection (8) insert the following subsection—

“(9) Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection”.

Modifications etc. (not altering text)

C28 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

10 E+W+S Sections 29, 30, 31 and 32 are hereby repealed.

Modifications etc. (not altering text)

C29 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

11 E+W+S In section 33, in subsection (1)(c) omit the words “or agricultural health and safety regulations”, and in subsection (4)(a) omit the words “or the appropriate Agriculture Minister”.

Modifications etc. (not altering text)

C30 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12 E+W+S In section 43, in subsection (3) omit the words “the Minister of Agriculture, Fisheries and Food” and for subsections (6) and (7) substitute—

“(6) The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly”.

Modifications etc. (not altering text)

C31 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

13 E+W+S In section 44, in subsection (1) omit the words “agricultural licences and”, and in subsection (7)(a) for the words “an agricultural licence or nuclear or nuclear site licence” substitute the words “a nuclear site licence”.

Modifications etc. (not altering text)

C32 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

14 E+W+S In section 47, in subsection (2) omit the words “or agricultural health and safety regulations”, in subsection (3) omit the words “or, as the case may be, agricultural health and safety regulations” and in subsection (5) omit the words “or, as the case may be, agricultural health and safety regulations”.

Modifications etc. (not altering text)

C33 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

15 (1) In section 49, in subsection (1) for the words “The appropriate Minister may by regulations amend”, substitute the words “Regulations made under this subsection may amend”, in subsection (2) for the words “appropriate Minister” substitute the words “authority making the regulations”, in subsection (3) omit the words “by the appropriate Minister” and for the words “if the appropriate Minister” substitute the words “if the authority making the regulations”. E+W+S

(2) For subsection (4) of that section substitute—

“(4) The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly”.

Modifications etc. (not altering text)

C34 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

16 (1) In section 50, for subsection (1) substitute— E+W+S

“(1) Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State,the Minister of Agriculture, Fisheries and Food or both of them acting jointly that power may be exercised either so as to give effect (with or without modifications) to proposals submitted by the Commission under section 11(2)(d) or independently of any such proposals; but the authority who is to exercise the power shall not exercise it independently of proposals from the Commission unless he has consulted the Commission and such other bodies as appear to him to be appropriate”.

(2) In subsection (2) of that section for the words from “Secretary of State” to “preceding subsection” substitute “authority who is to exercise any such power as is mentioned in subsection(1) above proposes to exercise that power”.

(3) In subsection (3), for the words “to the Secretary of State” substitute the words “under section 11(2)(d)”.

(4) Subsection (4) and (5) are hereby repealed.

Modifications etc. (not altering text)

C35 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

17 E+W+S In section 52, for subsections (3) and (4) substitute—

“(3) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly”.

Modifications etc. (not altering text)

C36 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

18 (1) In section 53, in subsection (1) omit the definitions of “agriculture”, “the agriculture Ministers”, “agriculture health and safety regulations”, “agricultural licence”, “agricultural operation”, “the appropriate Agriculture Minister”, “forestry”, “livestock”, and “the relevant agricultural purposes” and in the definition of “the relevant statutory provisions” omit the words “and agricultural health and safety regulations”. E+W+S

(2) Subsections (2) to (6) of that section are hereby repealed.

Modifications etc. (not altering text)

C37 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19 E+W+S In section 80, for subsections (4) to (6) substitute—

“(4) The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate.

(5) In this section “the relevant statutory provisions” has the same meaning as in Part I.”.

20 E+W+S In section 84(1)(a), omit the words “or 30”.

Modifications etc. (not altering text)

C38 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

21 E+W+S Schedule 4 is hereby repealed.

Modifications etc. (not altering text)

C39 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 125

SCHEDULE 16 U.K. Minor and Consequential Amendments

Parts I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W+S

Textual Amendments

F14 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

F15 Part III E+W+S

Textual Amendments

F15 Sch. 16 Pt. III repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

1 In section 8 and 11, and in Schedule 2, for the words “Registrar of Friendly Societies” and “Registrar” wherever they occur substitute the words “Certification Officer”.

Modifications etc. (not altering text)

C40 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 In section 8, after subsection (6) insert the following subsection: —

“(6A) The Certification Officer shall remove the name of an organisation from the relevant list —

(a) if he is requested by the organisation to do so, or

(b) if he is satisfied that the organisation has ceased to exist”.

Modifications etc. (not altering text)

C41 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 For section 8(7) substitute the following subsection:—

“(7) Any organisation aggrieved by the refusal of the Certification Officer to enter its name in the relevant list or by a decision of his to remove its name from that list may appeal, in accordance with section 88(3) of the Employment Protection Act 1975, to the Employment Appeal Tribunal; and on any such appeal the Tribunal, if satisfied that the name should be or remain so entered, shall declare that fact and give directions to the Certification Officer accordingly.”

Modifications etc. (not altering text)

C42 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 Ss. 106(1), Sch. 16 Pt. III paras. 4, 17, Sch. 17 para. 13 repealed by Employment Act 1980 (c. 42), Sch. 2

5 In section 8(10), for the words from the beginning to “employers’ associations” substitute the words “The fact that the name of an organisation is included in the list of trade unions or employers’ associations shall be evidence (and in Scotland sufficient evidence) that the organisation is a trade union or, as the case may be, an employers’ association, and on the application of the organisation”, and omit the words from “and that the organisation” to the end.

Modifications etc. (not altering text)

C43 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 Renumber section 17 (restriction on grant of ex parte injunctions and interdicts) as subsection (1) of that section and at the end of that section insert the following subsection:—

“(2) lt is hereby declared for the avoidance of doubt that where an application is made to a court, pending the trial of an action, for an interlocutory injunction and the party against whom the injunction is sought claims that he acted in contemplation or furtherance of a trade dispute, the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing the matter or matters which would, under any provision of section 13, 14(2) or 15 above, afford a defence to the action.

(3) Subsection (2) above shall not extend to Scotland”.

Modifications etc. (not altering text)

C44 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 (1) In section 30(1), after the definition of “act” and “action” insert—

““Certification Officer” means the officer appointed under section 7 of the Employment Protection Act 1975 ;”.

(2) In that subsection, after the definition of “employee” insert—

““employer” (subject to subsection (2) below)—

(a) where the reference is to an employer in relation to an employee, means the person by whom the employee is (or, in a case where the employment has ceased, was) employed, and

(b) in any other case, means a person regarded in that person’s capacity as one for whom one or more workers work, or have worked or normally work or seek to work ;”.

(3) In that subsection, at the end of the definition of “independent trade union” insert “and (in relation to a trade union) “independence” and “independent” shall be construed accordingly;”.

(4) In that subsection, after the definition of “individual proprietor” insert—

““job”, in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed ;”.

(5) In that subsection, after the definition of “1971 Act”, insert—

““officer”, in relation to a trade union or an employers’ association includes any member of the governing body of that union or association and any trustee of any fund applicable for the purposes of that union or association;”.

Modifications etc. (not altering text)

C45 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F17 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F18 Sch. 16 Pt.III para. 9, 12 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

10, 11. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 16 Pt.III para. 9, 12 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

13—16. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

17 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Ss. 106(1), Sch. 16 Pt. III paras. 4, 17, Sch. 17 para. 13 repealed by Employment Act 1980 (c. 42), Sch. 2

18—30. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F23 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

31 In paragraph 31(1)(b) of Schedule 1 (nominations by members of trade unions) for the words “£500” substitute the words “£1,500”.

Modifications etc. (not altering text)

C46 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

32 In paragraph 31 of Schedule 1, for sub-paragraphs (4) and (5) substitute the following sub-paragraph:—

“(4) Sub-paragraph (1)(b) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965, substituting, for references to the amount for the time being provided for, references to such higher amount as may be specified in the order.”.

Modifications etc. (not altering text)

C47 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

33 In paragraph 33(2) of Schedule 1, after the words “government department” insert the words “or any officer or body exercising on behalf of the Crown functions conferred by any enactment”, and in paragraph 33(3)(e) of that Schedule, after the word “department” in the second, third and fourth places where it occurs insert the words “, officer or body”.

Modifications etc. (not altering text)

C48 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

34 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

35 (1) For the avoidance of doubt it is hereby declared that the change of name of the Industrial Court to the Industrial Arbitration Board originally effected by section 124(2) of the M10 Industrial Relations Act 1971 and continued in force, so far as the M11 Industrial Courts Act 1919 is concerned, by paragraph 3 of Schedule 3 to the 1974 Act, shall, as respects the relevant period, be taken not to have divested that body of any functions under any other enactment or any instrument notwithstanding that after the repeal by the 1974 Act of the said section 124(2) references in any such other enactment or any such instrument to the Industrial Court were no longer expressly directed to be construed as references to the Industrial Arbitration Board.

(2) In this paragraph “the relevant period” means the period beginning with 16th September 1974 (the day appointed for the coming into operation of the said Schedule 3) and ending with the repeal by this Act of Part I of the M12 Industrial Courts Act 1919.

Marginal Citations

M10 1971 c. 72.

M11 1919 c. 69.

M12 1919 c. 69.

Textual Amendments

F15 Sch. 16 Pt. III repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

Part III E+W+S M19 Trade Union and Labour Relations Act 1974

Marginal Citations

M19 1974 c. 52.

Part IV U.K. Miscellaneous Amendments

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F25 S. 122(9), Sch.16 Pt. IV para. 1 repealed by House of Commons (Administration) Act 1978 (c. 36), Sch. 3

Trade Union Act 1913 (2 & 3 Geo. 5 c. 30) E+W+S

2 (1) The Trade Union Act 1913 shall be amended in accordance with the following provisions of this paragraph.

(2) In sections 3 to 5 for the words “Registrar of Friendly Societies” and “Registrar” wherever they occur substitute the words “Certification Officer”.

(3) After section 5 insert the following section—

“5A Appeals.

An appeal shall lie, in accordance with section 88(2) of the Employment Protection Act 1975, to the Employment Appeal Tribunal on any question of law arising in any proceedings before or arising from any decision of the Certification Officer under section 3, 4 or 5 of this Act.”.

(4) For section 7 substitute—

“7 Definition of Certification Officer.

In this Act references to the “Certification Officer” are references to the officer appointed under section 7 of the Employment Protection Act 1975.”.

Modifications etc. (not altering text)

C49 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C50 Sch. 16 Pt. IV para. 2 extended (N.I.) (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 67(2); S.R. 1992/212, art. 2(3).

Industrial Courts Act 1919 (c. 69) E+W+S

3 (1) The Industrial Courts Act 1919 shall be amended in accordance with the following provisions of this paragraph.

(2) The following provisions and passages are hereby repealed:—

Sections 1, 2 and 3.

In section 4(1), the words “whether or not the dispute is reported to him under Part I of this Act”.

In section 7, the words “of the Industrial Arbitration Board and”.

In section 9, the words “before the Industrial Arbitration Board, before an arbitrator or”

.

Sections 11 and 12.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(4) For section 10 substitute—

“10 Employment under the Crown.

“10 (1) Subject to the following provisions of this under section, the provisions of this Act shall have effect in relation to Crown employment and to workers who are Crown employees as they have effect in relation to other employment and to other workers.

(2) In this section “Crown employment” means, subject to subsection (3) of this seton, employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by any enactment.

(3) This section does not apply to service as a member of the naval, military or air forces of the Crown or of any women’s service administered by the Defence Council, but does apply to employment by any association established for the purposes of the Auxiliary Forces Act 1953.

(4) A Minister of the Crown may exempt from the provisions of this section employment of a specified description or the employment of a particular person by certificate stating that such exemption is required for the purpose of safeguarding national security; and any document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.”

Textual Amendments

F26 Sch. 16 Pt. IV para. 3(3) repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 2(3), Sch. 4

Modifications etc. (not altering text)

C51 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Road Haulage Wages Act 1938 (c. 44) E+W+S

4 (1) The Road Haulage Wages Act 1938 shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In sections 4 and 5 for the word “Minister” substitute the word “Service” and in section 15(1) after the definition of “ Road haulage work” and “Road haulage worker” insert— “Service” means the Advisory, Conciliation and Arbitration Service.”.

(3) In sections 4, 5 and 8 for the words “Industrial Court” and “Court” wherever they o*ccur substitute respectively the words “Central Arbitration Committee” and “Committee”.

(4) In section 4(6) for the words “the Industrial Courts Act, 1919” substitute the words “section 3 of the Employment Protection Act 1975”.

(5) Section 5(5) is hereby repealed.

Modifications etc. (not altering text)

C52 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. 16 Pt. IV para. 5 repealed by Civil Aviation Act 1980 (c. 60, SIF 9), Sch. 3 Pt. I

Public Records Act 1958(c.51) E+W+S

6 E+W+S In Part 11 of the Table at the end of paragraph 3(2) of Schedule I to the Public Records Act 1958 insert at the appropriate place in alphabetical order the following entry—

“Commission on Industrial Relations.”

Modifications etc. (not altering text)

C53 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Road Traffic Act 1960 (c. 16) E+W+S

7 In section 152 of the Road Traffic Act 1960,—

(a) for subsection (2) substitute the following subsection:—

“(2) Any organisation representative of the persons engaged in the road transport industry may make representations to the Advisory, Conciliation and Arbitration Service to the effect that the wages paid to, or the conditions of employment of, any persons employed by the holder of a road service licence are not in accordance with the requirements of the foregoing subsection, and if the matter in dispute is not otherwise disposed of it shall be referred by the Service to the Central Arbitration Committee for settlement.”; and

(b) in subsections (3) and (4) for the words “Industrial Court” and “Court”, wherever they occur, substitute respectively the words “Central Arbitration Committee” and “Committee”.

Modifications etc. (not altering text)

C54 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F28 Sch. 16 Pt. IV para. 8 repealed by Films Act 1985 (c. 21, SIF 45A), s. 7(1), Sch. 2

Education (Scotland) Act 1962 (c. 47) E+W+S

9 (1) The Education (Scotland) Act 1962 shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In section 85, subsection (3) and, in subsection (5), the word “(3)” are hereby repealed.

(3) In section 123(2), in the proviso, the words from “and”, where secondly occurring, to the end are hereby repealed.

(4) After section 123(2), insert the following subsection—

(2A) In any scheme for any endowment, any provision which applies subsection (3) of section 85 of this Act to any certificated or registered teacher in the employment of the governing body of that endowment, or which has, in relation to such a teacher, the like effect as such a provision, shall cease to have effect.”.

Modifications etc. (not altering text)

C55 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Trade Union (Amalgamations, etc.) Act 1964 (c. 24) E+W+S

10 (1) The Trade Union (Amalgamations etc.) Act 1964 shall be amended in accordance with the following provisions of this paragraph.

(2) In sections 1, 4, 6 and 7 (and the Schedules), for the word “Registrar” wherever it occurs substitute the words “ Certification Officer”, and in section 9(1) after the definition of “the amalgamating unions” and “the amalgamated union” insert—

““Certification Officer” means the officer appointed under section 7 of the Employment Protection Act 1975.”.

(3) For section 4(8) substitute the following subsection—

“(8) An appeal shall lie, in accordance with section 88(2) of the Employment Protection Act 1975, at the instance of the complainant or the trade union to the Employment Appeal Tribunal on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under this section.”.

Modifications etc. (not altering text)

C56 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Remuneration of Teachers Act 1965 (c. 3) E+W+S

[F29 11 (1) The Remuneration of Teachers Act 1965 shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

(3) In section 3(3), the words from “and, where arbitrators” to the end, and section 6(d) are hereby repealed.]

Textual Amendments

F29 Sch. 16 Pt. IV para. 11 repealed (E.W.) by Teachers' Pay and Conditions Act 1987 (c. 1), s. 8(2), Sch. 2

Modifications etc. (not altering text)

C57 The text of Sch. 16 Pt. IV paras. 11, 13(2)(3), 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Remuneration of Teachers (Scotland) Act 1967 (c. 36) E+W+S

12 (1) The Remuneration of Teachers (Scotland) Act 1967 shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

(3) In section 3(3), the words from “and, where arbiters” to the end, and section 7(c) are hereby repealed.

Modifications etc. (not altering text)

C58 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Equal Pay Act 1970 (c. 41) E+W+S

13 (1) The Equal Pay Act 1970 shall be amended in accordance with the following provisions of this paragraph.

(2) In sections . . . F30 . . . F31 5, 7 . . . F30 , for the words “Industrial Arbitration Board” (being words substituted by Part I of Schedule 1 to the Sex Discrimination Act 1975), wherever they occur, substitute the words “Central Arbitration Committee”.

(3) In sections . . . F31 5 . . . F30 for the word “Board” (being a word so substituted), wherever it occurs except in the expression “Agricultural Wages Board”, substitute the word “Committee”.

(4),(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(6)—(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F30 Words repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2), Sch. Pt. II

F31 Words repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. II

F32 Sch. 16 Pt. IV para. 13(4)(5) repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2), Sch. Pt. II

F33 Sch. 16 Pt. IV para. 13(6)–(11) repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. II

Modifications etc. (not altering text)

C59 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C60 The text of Sch. 16 Pt. IV paras. 11, 13(2)(3), 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

14 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

F34 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

15 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

F35 Sch. 16 Pt. IV para. 15 repealed by Broadcasting Act 1981 (c. 68, SIF 96), s. 65(4), Sch. 9

House of Commons Disqualification Act 1975 (c. 24) U.K.

16 (1) The House of Commons Disqualification Act 1975 shall be amended in accordance with the following provisions of this paragraph.

(2) In Part II of Schedule I (bodies of which all members are disqualified under that Act), insert, at the appropriate places in alphabetical order, the following entries:—

“The Central Arbitration Committee.

The Council of the Advisory, Conciliation and Arbitration Service.

The Employment Appeal Tribunal.

. . . F36

. . . ”F36

(3) In Part III of Schedule 1 (other disqualifying offices), insert the following entry at the appropriate place, in alphabetical order:—

“Certification Officer or assistant certification officer appointed under section 7 of the Employment Protection Act 1975.”

Textual Amendments

F36 Entries repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 11(2), Sch. 3

Modifications etc. (not altering text)

C61 The text of Sch. 16 Pt. IV paras. 11, 13(2)(3), 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Social Security Pensions Act 1975 (c. 60) E+W+S

17 E+W+S After section 31(8) of the Social Security Pensions Act 1975 there shall be inserted the following subsection:—

“(9) A trade union shall be treated as recognised for the purpose of this section not only if it is recognised for the purpose of collective bargaining, but also if the Advisory Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975 and that recommendation is operative within the meaning of section 15 of that Act.”.

Modifications etc. (not altering text)

C62 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Sex Discrimination Act 1975 (c. 65) E+W+S

18 (1) The Sex Discrimination Act 1975 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 65(2), for the words “amount for the time being specified in paragraph 20(1)(b)” substitute the words “limit for the time being imposed by paragraph 20”.

(3) In the M13 Equal Pay Act 1970 as set out in Part II of Schedule I to the Sex Discrimination Act 1975 there shall be made the same amendments as are made to the former Act by paragraph 13 of this Part of this Schedule.

Modifications etc. (not altering text)

C63 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M13 1970 c.41

Section 125

SCHEDULE 17 E+W+S Transitional Provisions

1 Subject to any express provision made in any of the following paragraphs of this Schedule, in so far as anything done or treated as done under any enactment replaced or amended by any provision of this Act, could have been done under that provision or, as the case may be, that enactment as amended, then it shall on the commencement of that provision have effect as if done under that provision or, as the case may be, that enactment as so amended.

2 Where any action has been taken by a conciliation officer under paragraph 26(2) to (5) of Schedule 1 to the 1974 Act before the commencement of section 2 above, that action shall on the commencement of that section be treated as if it had been taken by a conciliation officer appointed under that section.

3 Any matter which immediately before the commencement of section 10(2) above stood referred to the Industrial Arbitration Board under section 2(2) of the M14 Industrial Courts Act 1919 or section 13 of the M15 National Health Service (Amendment) Act 1949 shall be treated as if it had been referred to the Committee by the Service under section 3(1) above.

Marginal Citations

M14 1919 c. 69.

M15 1949 c. 93.

4 (1) The Code of Practice in effect under Part I of Schedule 1 to the 1974 Act immediately before the repeal of that Part by this Act shall remain in effect and shall be taken into account in industrial tribunal proceedings in accordance with paragraph 3 of that Schedule, notwithstanding that repeal, until it is superseded in accordance with sub-paragraph (2) below by one or more Codes of Practice issued by the Service under section 6 above.

(2) If on issuing any Code of Practice under section 6 above the Service is of the opinion that the code of practice continued in effect by sub-paragraph (1) above, or any part of that code, should cease to have effect by reason of being superseded by the provisions of the Code of Practice under section 6 above, the Service shall state in the new Code of Practice that the old code, or a specified part is so superseded and that old code, or part, shall cease to have effect on the date on which the new Code comes into effect in pursuance of an order by the Secretary of State under section 6(8) above.

(3) Without prejudice to any other power to make transitional and other supplementary or incidental provisions in an order under the said section, such an order may contain such transitional provision or savings as appear to the Secretary of State to be necessary or expedient in connection with any provisions of the code of practice under Part I of Schedule 1 to the 1974 Act which ceases to have effect on the day appointed by that order.

5 (1) Anything done before the commencement of section 7 above by, to or in relation to the Chief Registrar of Friendly Societies or any assistant registrar under any of the Acts referred to in section 7(2) above, shall be treated on the commencement of that section as having been done by, to or in relation to the Certification Officer.

(2) In particular, sub-paragraph (1) above applies to the following things done under any such Act, that is to say,—

• any complaint presented;

• any application, determination, registration, order, entry, return, report, or requirement made;

• any certificate, approval, notice, direction or exemption given.

6 Anything done before the commencement of section 10(2) above by, to or in relation to the Industrial Arbitration Board under any enactment in which by virtue of that subsection references to the Industrial Arbitration Board (whether by that or any other name) are to be construed as references to the Central Arbitration Committee, shall be treated after the commencement of that subsection as if they had been done by, to or in relation to the Committee.

7—10. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F37 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F38 Ss. 89–96, Schs. 7, 8, Sch. 17 para. 11 repealed by Wages Councils Act 1979 (c. 12), Schs 5, 7

12 E+W+S An order under . . . F39 section 3 of the M16 Agricultural Wages Act 1948 or section 3 of the M17 Agricultural Wages (Scotland) Act 1949 (as substituted, in each case, by this Act) which may have effect as from a date earlier than the date of the order, shall not have effect from a date earlier than the commencement of the provision of this Act effecting that substitution.

Textual Amendments

F39 Words repealed by Wages Councils Act 1979 (c. 12), Schs. 5, 7

Marginal Citations

M16 1948 c. 47.

M17 1949 c. 30.

13 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

F40 Ss. 106(1), Sch. 16 Pt. III paras. 4, 17, Sch. 17 para. 13 repealed by Employment Act 1980 (c. 42), Sch. 2

14 E+W+S Where any provision of this Act increases the penalty for an offence under any other enactment, that increase shall not have effect in relation to an offence committed before the commencement of the relevant provision.

15 E+W+S The repeals effected by section 111 above—

(a) in the case of subsection (1) of that section, shall not confer or affect any right to unemployment benefit in respect of any day before the commencement of that subsection, and

(b) in the case of subsection (2) of that section, shall not affect the manner in which any person’s requirements or resources are to be ascertained in relation to any period beginning before the commencement of that subsection.

16, 17. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

F41 Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

18 E+W+S Any enactment or document which refers, whether specifically or by means of a general description, to an enactment which is replaced or amended by any provision of this Act, shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.

19 E+W+S Nothing in this Schedule shall be construed as prejudicing [F42 sections 16(1) and 17(2)(a) of the M18 Interpretation Act 1978] (effect of repeals).

Textual Amendments

F42 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M18 1978 c. 30.

Section 125.

SCHEDULE 18 E+W+S Enactments Repealed

Modifications etc. (not altering text)

C64 The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C65 Sch. 18: repeals to the Trade Union Act 1913 (c. 30) extended (N.I.) (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 67(2); S.R. 1992/212, art. 2(3).