Industrial Disputes Order, 1951
| DOI | http://doi.org/10.1111/j.1468-2230.1951.tb00222.x |
| Date | 01 October 1951 |
| Published date | 01 October 1951 |
| Author | O. Kahn‐Freund |
OCT.
1951
STATUTES
AND
STATUTORY
INSTRUMENTS
467
the Landlord and Tenant Act,
1927
(s.
14).
No
appeal lies under
Part
I1
save by leave of the court.
The Act applies to the Crown apart from special exceptions
(see sections
16 (2), 12
(8)
(d)
).
Such then is the bare skeleton of the new Act. That its tortuous
provisions will eliminate some cases of hardship is obvious; yet
it is equally clear that it will. be productive in other instances of
fresh injustices to landlords and will certainly create new forms
of abuse, such as the exploiting of the fag-ends of leases by tenants
or
assignees of tenants who have retained occupation of part of
the premises.
It
is melancholy to reflect that every fresh enact-
ment on this topic only seems to render more distant than ever the
day when some comprehensive measure may be introduced to
rationalise this branch of the law by providing a consistent and
intelligible scheme of protection which will hold the scales evenly
between landlord and tenant. DENNIS LLOYD.
INDUSTRIAL
DISPUTES ORDER,
1951
THE revocation of the Conditions of Employment and National
Arbitration Orders,
1940
to
1950,'
and their replacement by the
Industrial Disputes Order,
1951,a
is
an important event in the
development of British labour law.
It
is the first major piece of
labour legislation since the repeal of the Trade Disputes and Trade
Union Act,
1927,
by the Trade Disputes and Trade Union Act,
1946.
While, however, the Act
of
1046
was a controversial measure,
the Industrial Disputes Order, like the Orders which it revokes,
rests upon an understanding between the British Employers'
Confederation, the General Council of the Trades Union Congress
and the representatives of the nationalised industries.s
It
received a unanimous welcome when it was announced by the
Minister of Labour and National Service in the House of Commons,
and the spokesman of the Opposition promised that the Order would
be given
'
a fair wind
'.4
The Order introduces some fundamental
changes in the principles of labour law, but the Minister emphasised
its provisional character.
'
I
should think
',
he said,
'
that where
we are dealing with
a
matter affecting the lives of many people, it
1
S.R.
&
0.
1940
No.
1305,
as
amended
by
S.R.
&
0.
1941
No.
1854;
1942
Nos.
1073
and
9678;
1944
No.
1437; and
S.I.
1050
No.
1309.
2
S.I.
1951
No.
1976. It is subject
to
'
negative
'
Parliamentary procedure. laid' for forty sitting days
on August,
2,
but, since Parliament adjourned that day, it will be Rubject to
a
'prayer for thirty-nine sitting days after Parliament ie-assemblcs. The
Second Schedule contain8 some transitional provisions.
3
Statement by the Minister
of
Labour and National Service in the
Hou~e
of
Commons;
490
Hamard
3301.
The Minister added (col.
9309)
'
that if at
any time either side wish the Order to be discontinued it will be reviewed
immediately
I.
Like its predecessor, the new Order will have
to
rest not only
on an original bnt on
a
continued agreement.
The Order came into force on August 14.
It was
4
Mr.
R.
A. Butler,
ibid.,
col.
3902.
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