Dr. Jean-Marie HEYDT, President of the Executive Committee - North South Center of the Council of Europe, Presentation
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The Dock Workers Employment Scheme 1967 made under the Dock Workers (Regulation of Employment) Act 1946 shall, together with that Act, cease to have effect on the date of the passing of this Act.
Any local dock labour board or other body constituted in accordance with the 1967 Scheme shall accordingly cease to exist on that date.
Notwithstanding that Clause 3(1)(g) of the 1967 Scheme (functions of the National Dock Labour Board as to training and welfare) is, by virtue of subsection (1), no longer to apply to the Board, the Board shall continue during the transitional period to have power to make provision for the training and welfare of dock workers (within the meaning of the Scheme), including provision for port medical services.
In this Act “the transitional period” means the period beginning with the date of the passing of this Act and ending on the date on which the Board is dissolved in accordance with section 2.
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As from the date of the passing of this Act it shall be the duty of the Board to wind up its affairs as expeditiously as possible.
The power conferred on the Board by section 1(3) shall accordingly be exercisable by the Board in such manner as appears to it to be consistent with the performance of its duty under subsection (1).
The Board shall comply with such directions as may be given to it by the Secretary of State with respect to—
the performance by it of its duty under subsection (1), or
the exercise by it of the power conferred by section 1(3).
If the Secretary of State and the Treasury consent, any disposal by the Board of any of its assets in the performance of its duty under subsection (1) may be made for a consideration which is less than the market value of the assets in question or for no consideration.
The Board shall be dissolved on such date as the Secretary of State may specify by order made by statutory instrument.
On that date all the property, rights and liabilities to which the Board was entitled or subject immediately before that date shall become property, rights and liabilities of the Secretary of State.
References in this Act to property, rights and liabilities of the Board are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Board.
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If it appears to the Secretary of State that the Board has failed to comply with any directions given by him under section 2(3), the Secretary of State may—
by notice in writing given to each of the members of the Board terminate their appointments as from a date specified in the notice, and
appoint a person to act in place of the members of the Board during the remainder of the transitional period.
During the remainder of that period any person so appointed may accordingly do anything in relation to the conduct of the activities of the Board that could have been done by the members of the Board.
A person appointed under this section shall comply with such directions as may be given to him by the Secretary of State with respect to the manner in which he is to act in relation to the conduct of the winding up of the Board’s affairs or the conduct of any other activities of the Board.
The terms of service and remuneration of any such person shall be such as the Secretary of State may determine; and, where the appointment of any such person terminates for any reason, the Secretary of State may appoint some other person under this section to replace him.
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Any liability of the Board to the Secretary of State immediately before the date of the passing of this Act in respect of loans made under— shall be extinguished on that date.
section 3(3) of the Dock Work Regulation Act 1976 (finances of the Board), or
section 4 of the Dock Workers (Regulation of Employment) Act 1946 (loans for purposes of schemes),
During the transitional period the Secretary of State may, with the consent of the Treasury, make payments to the Board for the purpose of meeting—
any expenses incurred during that period by the Board in connection with the winding up of the Board’s affairs or any other activities of the Board, or
any outstanding liabilities of the Board to persons other than the Secretary of State.
Any sums required by the Secretary of State— shall be paid out of money provided by Parliament.
for making payments under subsection (2), or
for making payments of remuneration to a person appointed under section 3,
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The Secretary of State shall by regulations make a scheme providing— and section 81 of the Employment Protection (Consolidation) Act 1978 (right to redundancy payment) shall not apply to persons to whom this section applies.
for payments of compensation to be made to persons to whom this section applies by their former registered employers, and
for contributions towards such payments to be made by the Secretary of State;
This section applies to a person if—
immediately before the date of the passing of this Act he was a permanent worker or a temporarily unattached worker, and
he is, within such period beginning with that date as may be prescribed, dismissed by reason of redundancy by his former registered employer, and
where he is so dismissed at any time after that date, he has been in the employment of that employer since that date.
Regulations under this section may make provision—
for a person falling within subsection (2)(a)— to be treated, for the purposes of this section and any scheme made under it, as if he were a person to whom this section applies; and
whose contract of employment with his former registered employer has, as a result of one or more transfers to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply, taken effect as a contract of employment with a person other than that employer (“the successor employer”), and
who is dismissed by reason of redundancy by the successor employer within the period referred to in subsection (2)(b),
for the successor employer to be treated, for those purposes, as if he were the former registered employer of that person.
Regulations under this section may, in particular, make provision with respect to—
circumstances in which a person is or is not, for the purposes of this section and any scheme made under it—
to be taken to be dismissed or dismissed by reason of redundancy, or
to be taken to be dismissed within the period referred to in subsection (2)(b);
any conditions which must be fulfilled by a person to whom this section applies in order for him to be entitled to a compensation payment;
the amounts payable by way of compensation payments and the manner in which they are to be calculated;
the amount payable by the Secretary of State by way of contribution towards any such payment and the manner in which it is to be calculated;
any conditions which must be fulfilled, and the procedure which must be followed, by a person liable to make a compensation payment in order for him to be entitled to receive a contribution towards that payment from the Secretary of State;
the rights and remedies of a person who is entitled to, but has not received, a compensation payment in the event of the insolvency (as defined by the regulations) of the person liable to make it;
the reference to, and determination by, industrial tribunals of questions arising under a scheme under this section;
such incidental, consequential, transitional or supplemental matters as appear to the Secretary of State to be necessary or expedient for the purposes of any such scheme.
Regulations under this section may make provision in connection with compensation payments for any of the matters for which provision is made in connection with redundancy payments by— and may do so whether by applying any provision of those sections or that Schedule, subject to any prescribed modifications, or otherwise.
sections 81 to 102 and 106 to 108 of the 1978 Act, or
Schedule 4 to that Act,
Without prejudice to the generality of paragraphs (b) and (c) of subsection (4), any regulations made in pursuance of either of those paragraphs may be framed by reference to any of the following matters, namely— and any regulations made in pursuance of paragraph (c) of that subsection may provide for the amount payable to a person by way of compensation payment to be abated by reference to the length of the period of time between the date of the passing of this Act and the date of his dismissal by reason of redundancy.
the age of a person to whom this section applies,
the length of the period of time during which such a person has been continuously employed (as defined in the regulations) as an employee of any prescribed description,
the length of the period of time during which such a person’s name was entered in any statutory register of dock workers,
Any regulations made in pursuance of subsection (4)(d) shall require the consent of the Treasury.
Without prejudice to the generality of paragraph (h) of subsection (4), regulations under this section may provide for the form in which applications are to be made, or other things are to be done, for the purposes of any provision of a scheme under this section to be such as the Secretary of State may direct.
Regulations under this section—
may make different provision for different cases or circumstances; and
may be made so as to have effect as from the date of the passing of this Act or any later date.
The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may require the Board to give him such information as he may reasonably require for the purposes of his functions under this section or under any scheme made under it; and section 3(1) shall have effect in relation to any requirement imposed by him under this subsection as it has effect in relation to any directions given by him under section 2(3).
Any sums required by the Secretary of State for making contributions in accordance with a scheme under this section shall be paid out of money provided by Parliament.
In this section—
“the dissolution date” means the date specified by the Secretary of State under section 2(5);
“the 1967 Scheme” means the Scheme referred to in section 1(1);
“the transitional period” has the meaning given by section 1(4).
shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—
where the Board is (or immediately before that date was treated as) a party to it, the Secretary of State were substituted as that party,
for any reference to the Board (including any reference which was then to be construed as such a reference) there were substituted a reference to the Secretary of State,
for any reference (however worded and whether express or implied) to the chairman or vice chairman or any member of the Board (including any reference which was then to be construed as such a reference) there were substituted a reference to such officer or officers as the Secretary of State shall appoint for the purpose, and
for any reference to the office or place of business of the Board (including any reference which was then to be construed as such a reference) there were substituted a reference to the principal office of the Secretary of State.
This section applies to any employee who immediately before the date of the passing of this Act was a registered dock worker in the employment of a registered employer and is in the same employment on that date.
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In computing for the purposes of any provision of the Employment Rights Act 1996 the period of continuous employment of an employee to whom this section applies—
any period during which the employee’s name was entered in any statutory register of dock workers (whether or not he was in the employment of a registered employer) shall be treated for the purposes of Chapter I of Part XIV of that Act as if it had been a period of employment under a contract of employment with the employer by whom he is employed on the date of the passing of this Act, and
any week during the whole or part of which his name was entered in any statutory register of dock workers (whether or not he was in the employment of a registered employer) shall, without prejudice to section 216 of that Act, be treated as if it were such a week as is mentioned in section 212(1) of that Act.
The enactments mentioned in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
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In section 58 of the Docks and Harbours Act 1966 (interpretation), for subsection (1) there shall be substituted—
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in paragraph 2(4), for “144(2) and 145(2)” there shall be substituted “and 144(2)”, and
in paragraph 6(3), for “144(2) and 145” there shall be substituted “and 144(2)”.
The transitional provisions and savings contained in Schedule 2 to this Act shall have effect.
This Act may be cited as the Dock Work Act 1989.
In this Act—
“the 1978 Act” means the Employment Protection (Consolidation) Act 1978;
Every agreement (whether written or not), and every instrument or other document, which relates to—
“the Board” means the National Dock Labour Board;
Every agreement (whether written or not), and every instrument or other document, which relates to—
any property, right or liability of the Board which vests in the Secretary of State by virtue of section 2(6) of this Act, or
any such right or liability as is mentioned in paragraph 1(1) above,
“the transitional period” has the meaning given by section 1(4).
“permanent worker”, “registered dock worker”, “registered employer”, “supplementary worker” and “temporarily unattached worker” have the same meaning as in the 1967 Scheme;
“permanent worker”, “registered dock worker”, “registered employer”, “supplementary worker” and “temporarily unattached worker” have the same meaning as in the 1967 Scheme;
“statutory register of dock workers” means—
any register of dock workers kept under the 1967 Scheme, or
any such register kept before the commencement of that Scheme under the scheme made under the Dock Workers (Regulation of Employment) Act 1946 (whether as originally made or as varied from time to time); and
Subject to subsection (4), this Act shall come into force on the date of its passing.
Part II of Schedule 1, and section 7(1) so far as relating thereto, shall come into force on the dissolution date.
This Act does not extend to Northern Ireland except in so far as it repeals any enactment extending there.
Section 7(1).
1946 c. 22. Dock Workers (Regulation of Employment) Act 1946. The whole Act. 1966 c. 28. Docks and Harbours Act 1966. Parts I and II. Sections 51 to 57. Section 58(2) to (5). Section 59. Section 60(2) to (4). Schedule 1. 1968 c. 73. Transport Act 1968. Section 153. 1971 c. 32. Attachment of Earnings Act 1971. Section 25(4). 1975 c. 71. Employment Protection Act 1975. Section 119(3). 1976 c. 79. Dock Work Regulation Act 1976. Sections 2 to 12. Section 13(1)(a) and (2). Section 14. Section 15(2) and (3). Section 16. Section 17(3) and (4). Schedules 2 to 6. 1978 c. 44. Employment Protection (Consolidation) Act 1978. Section 145. In section 149(1)(c), “145(1), (2) and (3)”. In Schedule 16, paragraph 27(1). 1981 c. 21. Ports (Financial Assistance) Act 1981. Section 2. 1981 c. 56. Transport Act 1981. In Part I of Schedule 5, paragraphs 13 and 14(6). 1982 c. 10. Industrial Training Act 1982. In Schedule 3, paragraph 1. 1982 c. 46. Employment Act 1982. In Schedule 3, paragraph 27(2)(b) and (3)(b) and the “and” immediately preceding each of those provisions. 1985 c. 30. Ports (Finance) Act 1985. Section 1.
1975 c. 24. House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entry relating to the Chairman or Vice-Chairman of the Board. 1976 c. 79. Dock Work Regulation Act 1976. Section 1. Section 13(1) so far as unrepealed. Section 15(1). Section 17(1) and (2). Section 18. Schedule 1. 1978 c. 44. Employment Protection (Consolidation) Act 1978. In Schedule 16, paragraph 27(2). 1985 c. 9. Companies Consolidation (Consequential Provisions) Act 1985. In Schedule 2, the entry relating to the Dock Work Regulation Act 1976.
Section 7(5).
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shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—
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This paragraph applies to an employee who, immediately before the commencement date— but does not apply to any employee falling within paragraph (b) who was at that time a supplementary worker. Where the previous employer of an employee to whom this paragraph applies was, immediately before the commencement date, a registered employer carrying on a dock business— Where— then, in determining for any purpose whether the reason for the dismissal was such as to justify the dismissal of an employee holding the position which the employee held and whether the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, account may be taken of the employee’s conduct during his employment with the employer under his previous contract of employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph—
A permanent worker who, immediately before the date of the passing of this Act— shall for all purposes (including the purposes of sections 5 and 6 of this Act and any scheme made under section 5) be deemed to have remained in the employment of the permanent employer.
was, in accordance with the 1967 Scheme, on temporary transfer from the registered employer by whom he was employed as a permanent worker (“the permanent employer”), and
was, by virtue of Clause 8(10) of that Scheme, deemed for the purposes of that Scheme to have remained in the employment of the permanent employer,
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