Dock Workers (Regulation of Employment) Act 1946
| Jurisdiction | UK Non-devolved |
Dock Workers (Regulation of Employment) Act, 1946
(9 & 10 Geo. 6.) CHAPTER 22.
An Act to make further provision for regulating the employment of dock workers.
[14th February 1946]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Schemes for ensuring more regular employment and supply of workers.
(1) Provision may be made by scheme under this Act for ensuring greater regularity of employment for dock workers and for securing that an adequate number of dock workers is available for the efficient performance of their work.
In this Act, except in section three thereof, the expression ‘scheme’ means a scheme made under this Act.
(2) In particular, a scheme may provide—
(a ) for the application of the scheme to dock workers and employers as may be specified therein, for prescribing the obligations of dock workers and employers subject to the fulfilment of which the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any dock workers or employers, and for prohibiting or restricting the employment of dock workers to whom the scheme does not apply and the employment of dock workers by employers to whom the scheme does not apply;
(b ) for regulating the recruitment and entry into the scheme of dock workers and their allocation to employers, and for securing that, in respect of periods during which employment, or full employment, is not available for dock workers to whom the scheme applies who are available for work, such workers will subject to the conditions of the scheme receive not less than such pay as may be thereby provided;
(c ) for securing that the rates of remuneration and conditions of service for dock workers to whom the scheme applies (including conditions as to holidays and pay in respect thereof) will be in accordance with any national or local agreements for the time being in force;
(d ) for making satisfactory provision for the training and welfare of dock workers, in so far as such provision does not exist apart from the scheme;
(e ) for prescribing the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed;
(f ) for constituting or prescribing a body of persons to be responsible for the administration of the scheme; and
(g ) for such incidental and supplementary matters as may be necessary or expedient for the purposes of the scheme.
(3) Any body corporate shall have power, under any enactment, order, charter, memorandum or articles of association or other document regulating the powers and duties of the body corporate, to perform any functions conferred on the body corporate by or under a scheme.
(4) A scheme may declare, as respects any provision of the scheme prohibiting or restricting the employment of dock workers to whom the scheme does not apply, or the employment of dock workers by employers to whom the scheme does not apply, that a contravention of that provision is an offence.
(5) Any person who contravenes any provision in relation to which such a declaration is in force shall be guilty of an offence under this section, and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine, or to both such imprisonment and a fine:
Provided that in the case of any person not being a body corporate the fine shall not exceed fifty pounds.
(6) A scheme may relate to any port or ports in Great Britain, or to any part of any such port, and, for every port or part of a port to which it relates, either to dock workers generally or to any class or description of such workers.
2 Making, variation and revocation of schemes.
(1) A scheme may be prepared jointly by bodies of persons appearing to the Minister of Labour and National Service (hereafter in this Act referred to as ‘the Minister’) to be representative respectively of dock workers of the class or description and at the port or ports to which the scheme relates and of their employers, and when prepared shall be submitted to the Minister.
(2) If at any time before the first day of October, nineteen hundred and forty-six, no scheme is in force for any port or in relation to any class or description of dock workers, the Minister may, on the joint application of such bodies of persons as are mentioned in the last foregoing subsection, prepare a scheme for the port or in relation to the class or description of workers in question.
(3) If at any time on or after the said first day of October no such scheme is in force, the Minister may prepare such a scheme if it appears to him unlikely that a scheme for the port and relating to the class or description of dock workers in question will be prepared under subsection (1) of this section within a reasonable time.
(4) Where immediately before the passing of this Act arrangements for the purposes mentioned in subsection (1) of section one of this Act were in operation at any port under agreements made on behalf of His Majesty, then if at any time no scheme is in force for the port...
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