Wages Councils Act 1948
| Jurisdiction | UK Non-devolved |
| Citation | 1948 c. 7 |
Wages Councils Act, 1948
(12, 13 & 14 Geo. 6.) CHAPTER 7.
An Act to repeal Part I of the Road Haulage Wages Act, 1938, and, so far as it relates to the Central Board established under the said Part I, the Holidays with Pay Act, 1938, to convert the said Central Board and any order in force under the said enactments (so far as repealed) into a wages council and a wages regulation order under the Wages Councils Act, 1945, to amend the last-mentioned Act in certain respects, and for purposes connected with the matters aforesaid.
[16th December 1948]
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 Certain road haulage workers to be brought under Wages Councils Act, 1945.
(1) Subject to the provisions of this section—
(a ) the Road Haulage Central Wages Board established under Part I of the Road Haulage Wages Act, 1938, shall, by virtue of this Act and without more, be deemed to be a wages council established, under the name of ‘the Road Haulage Wages Council’, under Part I of the Wages Councils Act, 1945, by a wages council order and operating, until other provision is made under the last-mentioned Act, in relation to all workers of the descriptions specified in subsection (2) of this section and their employers;
(b ) any order made under section three of the Road Haulage Wages Act, 1938, the Holidays with Pay Act, 1938, and the Trade Boards and Road Haulage Wages (Emergency Provisions) Act, 1940 , being an order which gives effect to proposals or directions of the said Board and is in force immediately before the passing of this Act, shall, as from the passing of this Act, have effect as if it were a wages regulation order giving effect to wages regulation proposals submitted by the Road Haulage Wages Council under the Wages Councils Act, 1945;
(c ) Part I of the Road Haulage Wages Act, 1938, and so much of the Holidays with Pay Act, 1938, as relates to the Road Haulage Central Wages Board shall cease to have effect and Parts II and III of the Road Haulage Wages Act, 1938, shall have effect subject to the consequential modifications specified in the First Schedule to this Act.
(2) The descriptions of workers referred to in paragraph (a ) of subsection (1) of this section are the descriptions of workers whose remuneration was the subject of an order under section three of the Road Haulage Wages Act, 1938, immediately before the passing of this Act, and any other descriptions of workers whose remuneration could, under the law then in force, have then been the subject of such an order.
(3) The provisions of the Second Schedule to this Act shall have effect in relation to the transition from Part I of the Road Haulage Wages Act, 1938, and the Holidays with Pay Act, 1938, to the Wages Councils Act, 1945, effected by the preceding provisions of this section.
2 Amendments to Wages Councils Act, 1945, consequential on preceding section.
(1) The powers conferred by subsection (3) of section seventeen of the Wages Councils Act, 1945, on any officer acting for the purposes of Part II of that Act shall include power, for the performance of his duties, to require the production of any licence or certificate granted under the Road and Rail Traffic Act, 1933, or any defence permit, and of any records kept in pursuance of section sixteen of the Road and Rail Traffic Act, 1933, or in pursuance of the Road Haulage Wages Act, 1938, and to examine any such licence, certificate, permit or records and copy it or them or any material part thereof, and all the provisions of the Wages Councils Act, 1945, shall have effect accordingly.
(2) If any person is convicted under Part I of the Road and Rail Traffic Act, 1933, of using a goods vehicle for a purpose for which an A licence or a B licence is required, otherwise than under such a licence, any work performed by a worker in connection with the vehicle while it was so used shall, for the purposes of any wages regulation order the operation whereof depends on whether or not a vehicle is specified in or authorised to be used by an A licence or a B licence, be deemed to have been work performed in connection with a vehicle specified in an A licence or a B licence granted under that Act, as the case may be.
(3) In this section, the expression ‘defence permit’ means a defence permit issued under the Emergency Powers (Defence) Road Vehicles and Drivers Order, 1943, as amended by subsequent orders.
3 Extension of powers as to establishment of wages councils and central co-ordinating committees.
(1) An order under section six of the Wages Councils Act, 1945, abolishing or varying the field of operation of one or more wages councils may include provision for the establishment of on or more wages councils operating in relation to all or any of the workers in relation to whom the first-mentioned council or councils would have operated but for the order, and such other workers, if any, as may be specified in the order.
(2) The provisions of section five of the said Act (which relates to the making of wages council orders) shall apply in relation to every order under the said section six which includes any such provision as is mentioned in subsection (1) of this section as they apply in relation to wages council orders, and accordingly, in paragraph (b ) of the proviso to subsection (1) of the said section six, after the words ‘another wages council’ there shall be inserted the words ‘already in existence’.
(3) Where a commission of inquiry embodies two or more wages council recommendations in the same report, it may include in that report a recommendation for the establishment of a central co-ordinating committee in relation to all or any of the councils to which those recommendations relate, and accordingly, in paragraph (a ) of subsection (2) of section eight of the said Act, after the words ‘and any other wages council’ there shall be inserted the words ‘(including a council proposed to be established by another wages council recommendation embodied in the same report)’.
4 Power of joint industrial councils, etc., to apply for abolition of wages council.
4. An application for the abolition of a wages council may be made under subsection (2) of section six of the Wages Councils Act, 1945, by a joint industrial council, conciliation board or other similar body constituted by organisations of workers and organisations of employers which represent respectively substantial proportions of the workers and employers with respect to whom that wages council operates, and accordingly, in the said subsection (2), for the words ‘may be made to the Minister jointly by organisations of workers and organisations of employers which represent respectively substantial proportions of the workers and employers with respect to whom that council operates, on the ground that those organisations jointly provide machinery’ there shall be substituted the words ‘may be made to the Minister either—
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