Trade Boards Act 1918
| Jurisdiction | UK Non-devolved |
| Citation | 1918 c. 32 |
| Year | 1918 |
Trade Boards Act, 1918
(8 & 9 Geo. 5.) CHAPTER 32.
An Act to amend the Trade Boards Act, 1909.
[8th August 1918]
Be 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 Application of the principal Act.
(1) The Trade Boards Act, 1909 (in this Act referred to as ‘the principal Act’) shall apply to the trades specified in the Schedule to that Act and to any other trades to which it has been applied by a provisional order made under section one of that Act or by a special order made under this Act by the Minister of Labour (in this Act referred to as ‘a special order’).
(2) The Minister of Labour (in this Act referred to as ‘the Minister’) may make a special order applying the principal Act to any specified trade to which it does not at the time apply if he is of opinion that no adequate machinery exists for the effective regulation of wages throughout the trade, and that accordingly, having regard to the rates of wages prevailing in the trade, or any part of the trade, it is expedient that the principal Act should apply to that trade.
(3) If at any time the Minister is of opinion that the conditions of employment in any trade to which the principal Act applies have been so altered as to render the application of the principal Act to the trade unnecessary, he may make a special order withdrawing that trade from the operation of the principal Act.
(4) If the Minister is of opinion that it is desirable to alter or amend the description of any of the trades specified in the Schedule to the principal Act, he may make a special order altering or amending the said Schedule accordingly.
(5) Any Act confirming a provisional order made in pursuance of section one of the principal Act may be repealed or varied by a special order.
(6) Section one of the principal Act shall cease to have effect.
2 Provisions as to special orders.
(1) Every special order shall without confirmation by Parliament have effect as if enacted in this Act and may be varied or revoked by a subsequent special order.
(2) The provisions contained in the First Schedule to this Act shall have effect with respect to the procedure for making special orders.
(3) Where the Minister makes any special order he shall publish it in such manner as he thinks best adapted for bringing it to the notice of all persons affected thereby, and the order shall come into operation on the date on which it is so published or on such later date as is specified in that behalf in the order.
(4) Every special order shall be laid before each House of Parliament forthwith, and if an Address is presented to His Majesty by either House within the next subsequent forty days on which that House has sat after the order has been so laid, praying that the order may be annulled, His Majesty may annul the order, and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the power of making a fresh order.
3 Amendments of principal Act with respect to the fixing, &c., of minimum rates.
(1) The following provision shall be substituted for the first paragraph of subsection (1) of section four of the principal Act (which relates to the duties and powers of Trade Boards with respect to minimum rates of wages):—
‘Every Trade Board shall, subject to the provisions of this section, fix a minimum rate of wages for time-work in their trade (in this Act referred to as 'a general minimum time-rate') and may also fix for their trade—
(a ) A general minimum rate of wages for piecework (in this Act referred to as 'a general minimum piece-rate');
(b ) A minimum time-rate (which shall not be higher than the general minimum time-rate) 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 (in this Act referred to as 'a guaranteed time-rate');
(c ) A minimum rate (whether a time-rate or a piece-rate) to apply, in substitution for the minimum rate which would otherwise be applicable, in respect of hours worked by a worker in any week or on any day in excess of the number of hours declared by the Trade Board to be the normal number of hours of work per week or for that day in the trade (in this Act referred to as 'an overtime rate');
Any of the minimum rates aforesaid may be fixed so as to apply universally to the trade or so as to apply to any special process in the work of the trade or to any special area, or to any class of workers in the trade, or to any class of workers in any special process or in any special area.’
(2) The power of a trade board under the principal Act to fix a minimum rate of wages shall include the power to fix a series of minimum rates to come into operation successively on the expiration of specified periods, and the power to vary a minimum rate shall include the power so to vary a rate that the variation shall be operative only during a specified period.
(3) The expression ‘minimum time-rate’ in the principal Act and in this Act includes a time-rate of any kind fixed under the provisions of the principal Act.
(4) Where a Trade Board fix a minimum rate so as to apply to any class of workers in a trade they may, if they think it expedient so to do, attach to the fixing of the minimum rate the following conditions; that is to say,—
(a ) A condition that workers who are members of the class must be the holders of certificates to that effect issued by the Trade Board; and
(b ) If the class consists of persons who are learning the trade, such conditions as the Trade Board think necessary for securing the effective instruction of those persons in the trade.
If any condition so attached is not complied with in the case of any worker, he shall be deemed not to be a member of the class, and where a condition with respect to the holding of a certificate is so attached, the Trade Board shall issue a certificate to a person applying therefor on production of evidence to their satisfaction that the applicant is a member of the class.
(5) Before fixing, cancelling, or varying any, minimum rate of wages, not being a special minimum piece-rate, the Trade Board shall give notice of the rate which they propose to fix, or of their proposal to cancel the rate, or of the proposed variation in the rate, as the case may be, and shall consider any objections to the proposal which may be lodged with them within two months from the date of the notice:
Provided that where a rate has not been effective for a period of at least six months, the Trade Board shall not, without the consent of the Minister to be given on an application made to him by the Board for the purpose, give notice of a proposal to vary the rate, and the Minister shall not give his consent to such an application unless he is satisfied that the special circumstances of the case render it desirable that such notice should be given immediately.
(6) Where a Trade Board fix a special minimum piece-rate under subsection (5) of section four of the principal Act, or cancel or vary any rate fixed under the said subsection, they shall give to the employer notice of the fixing, cancellation, or variation, as the case may be.
(7) Where notice of a proposal to fix, cancel, or vary a minimum rate has been duly given by a Trade Board before the date of the commencement of this Act and the Board have not before that date proceeded to fix, cancel, or vary the rate, the notice shall have effect as though this Act had been in force on the date on which the notice was given and the notice had been duly given thereunder, except that objections may be lodged with the Board for a period of three months from the date of the notice.
4 Provisions as to orders for confirming minimum rate or cancellation or variation of rate.
(1) Where a Trade Board have fixed any minimum rate of wages, not being a special minimum piece-rate, or have cancelled or varied any such rate, they shall forthwith send notification thereof to the Minister, and the notification may include a statement as to the date as from which the Board suggest that the rate, or the cancellation or variation, should become effective.
(2) The Minister on receipt of a notification under this section with respect to any matter shall forthwith take the matter into his consideration, and, unless he thinks it necessary to refer the matter back to the Trade Board for reconsideration, shall, as soon as may be, make an order confirming the rate, or the cancellation or variation, as the case may be.
In any case where an order is to be made by the Minister under the foregoing provision he shall, unless in his opinion the special circumstances of the case make it necessary or desirable to postpone the making of the order, make the order within one month from the date on which the notification from the Trade Board is received.
(3) The Minister shall as soon as may be after he has made an order under this section send notification thereof to the Trade Board concerned, and the Trade Board shall, as soon as may be after receiving the notification, give notice of the making of the order and the contents thereof.
(4) Any such minimum rate as aforesaid, or the cancellation or variation of any such rate, shall become effective as from the date specified in that behalf in the order by which it is confirmed.
The date to be so specified shall be a date subsequent to the date of the order, and where as respects any employer who pays wages at intervals not exceeding seven days the date so specified does not correspond with the...
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