Terms and Conditions of Employment Act 1959
| Jurisdiction | UK Non-devolved |
Terms and Conditions of Employment Act, 1959
(7 & 8 Eliz. 2) CHAPTER 26
An Act to repeal the Catering Wages Act, 1943, and to convert wages boards under that Act into wages councils; to make further provision with respect to wages councils and statutory minimum remuneration and with respect to the observance of recognised terms or conditions of employment; and for purposes connected with the matters aforesaid.
Be it enacted by the Queen'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 Catering wages boards to become wages councils.
(1) The Catering Wages Act, 1943 , shall cease to have effect, and the wages boards to which this section applies shall be deemed to be wages councils—
(a ) established by wages council orders under Part I of the Act of 1945, having their existing chairmen, deputy chairmen, other members and officers, and having their existing names, but with the substitution of the word ‘Council’ for the word ‘Board’, and
(b ) operating in relation to the workers and their employers in relation to whom, by virtue of orders made under section four of the Catering Wages Act, 1943, they were respectively operating immediately before the commencement of this Act.
(2) Any order under section eight of the Catering Wages Act, 1943, in force immediately before the commencement of this Act shall thereafter have effect as if it were a wages regulation order under section ten of the Act of 1945, and may be amended or revoked accordingly.
(3) This section applies to—
(a ) the Industrial and Staff Canteen Undertakings Wages Board,
(b ) the Unlicensed Place of Refreshment Wages Board,
(c ) the Licensed Residential Establishment and Licensed Restaurant Wages Board, and
(d ) the Licensed Non-residential Establishment Wages Board.
(4) The transitional provisions set out in the First Schedule to this Act shall have effect for the purposes of this section.
2 Wages councils: advisory committees.
(1) A wages council may request the Minister to appoint a committee for any of the workers within the field of operation of the council and the Minister shall appoint a committee accordingly, and the council may refer to it for a report and recommendations any matter relating to those workers which the council thinks it expedient so to refer.
(2) Section seven of the Act of 1948 (which provides for the continuance in office of members of wages councils or central co-ordinating committees until the appointments of their successors take effect) shall apply in relation to members of any committee appointed under this section as it applies in relation to members of wages councils or central co-ordinating committees.
(3) The provisions of the Second Schedule to this Act shall have effect with respect to committees appointed under this section.
(4) A committee constituted at the request of a wages board under subsection (2) of section six of the Catering Wages Act, 1943, being a committee in existence immediately before the commencement of this Act, shall be deemed to be a committee constituted in like manner under this section at the request of the wages council which the board becomes by virtue of the foregoing section, and paragraph 2 of the First Schedule to this Act shall apply to its members as it applies to the members of wages councils therein referred to.
(5) In Part III of the First Schedule to the House of Commons Disqualification Act, 1957 (which specifies certain offices the holders of which are disqualified under that Act) and in the Part substituted therefor by the Third Schedule to that Act in its application to the Senate and the House of Commons of Northern Ireland, in the entry relating to Councils and Committees under the Act of 1945, after the words ‘1945’ there shall be inserted the words ‘Chairman of a Committee appointed under paragraph 1 (1) (a ) of the Second Schedule to the Terms and Conditions of Employment Act, 1959’, and for the words ‘that Act’ there shall be substituted the words ‘the said Act of 1945’.
3 Provisions as to abolition, and variation of field of operation, of wages councils.
(1) The Minister—
(a ) may if he thinks fit in any case where he is considering whether to exercise his power under subsection (1) of section six of the Act of 1945 to abolish or vary the field of operation of a wages council,
(b ) shall in any case where an application for the abolition of a wages council has been made to him under subsection (2) of the said section six and he does not thereupon proceed to the making of an order under the said subsection (1) giving effect to the application,
refer to a commission of inquiry the question whether the council should be abolished or, as the case may be, its field of operation varied; and section five of the Act of 1945, in its application to the making of an order in pursuance of a recommendation of a commission under this section, shall have effect as if any reference in that section to a wages council recommendation included a reference to the recommendation of the commission.
(2) On a reference, under the foregoing subsection or under paragraph (b ) of subsection (4) of section five of the Act of 1945 (which provides for references to a commission of inquiry in certain circumstances of draft orders to abolish or vary the field of operation of a wages council), as to the abolition of a wages council, a commission of inquiry, if of opinion that it is expedient to do so having regard—
(a ) to the extent to which there is, and is likely to remain, adequate machinery set up by agreement between organisations representing workers and employers respectively for the effective regulation of remuneration and conditions of employment of workers within the field of operation of the wages council to which the reference relates, or
(b ) to the extent (if any) to which it is practicable and desirable to bring within the field of operation of another wages council all or any of the workers within the field of operation of the council to which the reference relates,
or to both those considerations, may make a report to the Minister recommending—
(i) the abolition of the wages council to which the reference relates, or
(ii) the narrowing of the field of operation of the council,
and (in either case), if the commission is of opinion that it is expedient as aforesaid, also recommending the transfer of workers to the field of operation of another existing wages council or a wages council to be established, whether or not in pursuance of a wages council recommendation embodied in the same report.
(3) On a reference, under subsection (1) of this section or the said paragraph (b ) of subsection (4) of section five of the Act of 1945, as to the variation of the field of operation of a wages council, the commission may make a report to the Minister recommending any variation (including the transfer of workers to the field of operation of any other such wages council as aforesaid) which appears to the commission desirable in all the circumstances.
(4) In the proviso to subsection (2) of section five of the Act of 1948 (which provides for the notification to commissions of inquiry of objections to draft orders referred to them) for the words ‘an order in pursuance of a wages council recommendation’ there shall be substituted the words ‘an order in pursuance of a recommendation of a commission of inquiry’.
(5) The power of the Minister under paragraph (b ) of subsection (4) of section five of the Act of 1945, as applied by section six of that Act, to modify a draft order shall include power to make any alterations necessary to give effect to a recommendation of a commission of inquiry under this section, with or without modifications.
(6) This section shall be construed as one with section six of the Act of 1945.
(7) It is hereby declared that nothing in subsection (2) of section three of the Act of 1948 affects the duty of the Minister under paragraph (a ) of the proviso to subsection (1) of section six of the Act of 1945 to consult a central co-ordinating committee.
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