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WORKER PARTICIPATION (STATE ENTERPRISES) ACT, 1977

Type Act
Publication 1977-04-04
Last updated 2015-01-16
State Partially repealed superseded text
Text As published
Source Irish Statute Book
articles 32

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

47 amending acts · 2015-01-16, S.I. No. 11/2015 - Worker Participation (State Enterprises) Act 1977 (Transfer of Departm…

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AN ACT TO ENABLE THE EMPLOYEES OF CERTAIN STATE ENTERPRISES TO PARTICIPATE IN THE MAKING OF DECISIONS BY THE ENTERPRISE, FOR THOSE PURPOSES TO PROVIDE FOR THE APPOINTMENT OF EMPLOYEES OF SUCH ENTERPRISES AS MEMBERS OR DIRECTORS THEREOF, TO PROVIDE FOR THE ELECTION OF SUCH EMPLOYEES FOR SUCH APPOINTMENT, TO REPEAL CERTAIN ENACTMENTS RELATING TO CERTAIN OF THE SAID ENTERPRISES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [4th April, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—In this Act—

“the Act of 1963” means the Companies Act, 1963;

“Aer Lingus”, except in the Schedule to this Act, means Aer Lingus Teoranta;

“Aerlinte” means Aerlinte Éireann Teoranta;

“appropriate number” has the meaning assigned to it by section 23 of this Act;

“collective bargaining negotiations” means negotiations between any employer, employers' organisation or other body of persons representative of employers on the one hand and any organisation or other body of persons representative of employees on the other hand, being negotiations which are concerned with the remuneration or other terms or conditions of employment, or the working conditions, of employees;

“company” means a company within the meaning of section 2 of the Act of 1963;

“designated body” means a body to which this Act applies (and which is specified in the Schedule to this Act);

“election” means an election pursuant to this Act;

“election year” means a year which by virtue of section 6 of this Act is an election year;

“elector” means, in relation to an election, a person who is entitled under this Act to vote at the election;

“employee” means, in relation to a designated body, a person employed in a whole-time capacity by the body under a contract of service or apprenticeship and for the purposes of sections 9 (4) (w) and 10 of this Act a person employed in such a capacity by Aerlinte under such a contract shall be regarded as being an employee of Aer Lingus;

“list of electors” has the meaning assigned to it by section 9 (4) (w) of this Act;

“the Minister”, save where the context otherwise requires, means the Minister for Labour;

“nomination day”, subject to sections 13 (6) and 14 (3) of this Act, means in relation to an election, the day fixed by the Minister pursuant to section 6 (2) of this Act as regards the election;

“ordinary director” means a person who is a director of a company which is a designated body and who is appointed or nominated to be such director otherwise than under this Act;

“ordinary member” means a person who is a member of any designated body specified in Part 1 of the Schedule to this Act and who is appointed to be such member otherwise than under this Act;

“polling day” has the meaning assigned to it by section 12 (1) of this Act;

“polling period” has the meaning assigned to it by section 12 (1) of this Act;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“preliminary poll” has the meaning assigned to it by section 13 (1) of this Act;

“returning officer” means, in relation to a designated body, the person who as regards the body is for the time being by virtue of section 7 of this Act the returning officer for the purposes of this Act;

“specified day” has the meaning assigned to it by section 15 (2) of this Act;

“stated day” has the meaning assigned to it by section 8 of this Act;

“trade union” has the same meaning as in the Trade Union Acts, 1871 to 1975.

2 Appropriate Minister.

2.—For the purposes of this Act the appropriate Minister shall be—

3 Appointed day.

3.—(1) The Minister may in relation to each designated body by order appoint a day to be the appointed day for the purposes of section 6 of this Act and the same day may be so appointed in relation to all or any two or more of the designated bodies.

4 Orders and regulations generally.

4.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

5 Bodies to which Act applies.

5.—This Act applies to each of the bodies specified in the Schedule to this Act.

6 Election year and nomination day.

6.—(1) As regards a designated body the election years for the purposes of this Act shall be—

7 Returning officer.

7.—(1) As regards a designated body, the returning officer for the purposes of this Act shall be—

8 Stated day, etc.

8.—The returning officer at an election shall, not later than the day which is seventy days before the nomination day, as regards the election fix—

provided that the period, or the aggregate of the periods, so fixed shall not be less than three hours.

9 Conduct of elections.

9.—(1) Subject to the provisions of this Act, elections shall be held in accordance with regulations made by the Minister and regulations under this section may apply—

10 Right to vote, etc.

10.—(1) Where an election is contested, every person whose name is on the relevant list of electors and who is, on the day fixed for the taking of the preliminary or other poll at the election, an employee of the designated body to which the election relates shall be entitled to one vote at the poll, and persons other than the foregoing shall not be entitled to vote at a preliminary or other poll under this Act.

shall be entitled to have his name entered on the list of electors prepared and maintained by the returning officer and on an application being made in that behalf the returning officer, on being satisfied that the person complies with the requirements of paragraphs (a) and (b) of this subsection, shall enter the name of the person on such list.

11 Nomination and support of candidates.

11.—(1) At any time during the period or periods fixed by the returning officer pursuant to section 8 of this Act for the receiving of nominations at an election, any trade union or other body of persons which in relation to the election is a qualified body for the purposes of this section may, in accordance with subsection (2) of this section, propose for nomination as candidates at the election persons each of whom,

the dispute shall be determined by the returning officer whose decision shall be final and shall not be appealable.

12 Procedure after nomination.

12.—(1) If at an election immediately after,

the number of candidates standing duly nominated does not exceed the number which as regards the designated body concerned is appropriate, the returning officer shall forthwith declare each of such candidates, or in case there is only one such candidate that candidate, to be elected for appointment under section 15 of this Act by the Minister of State who in relation to such designated body is the appropriate Minister; but if at that time the number of candidates standing so nominated exceeds such appropriate number the returning officer shall adjourn the election for the taking of a poll pursuant to this Act either on a day, being a day which is not earlier than the seventh day after the nomination day and which is in this Act referred to as the “polling day”, fixed by him at the time of the adjournment, or during a period of more than one but not more than five days the first of which is so fixed and is not earlier than the said seventh day, which period is in this Act referred to as the “polling period”.

and it shall be the duty of the returning officer to provide such ballot boxes, ballot papers and other things and appoint such persons and do such other acts and things as may be necessary for effectively taking the poll in accordance with this Act.

13 Elections not to be proceeded with in certain circumstances.

13.—(1) If at an election the returning officer receives during the period of seven days beginning on the stated day from—

an application in writing requesting him not to proceed with the election, for the purposes of ascertaining whether or not a majority of those entitled to vote at the election is in favour of proceeding further with the election he shall arrange forthwith for the taking of a poll under this section (which poll is in this Act referred to as a “preliminary poll”) and appoint either a day, or a period of more than one but not more than five days, which shall be the earliest day or period of days, as the case may be, for the taking of the poll.

shall be invalid and shall not be counted.

14 Proceedings in case nomination or poll is interrupted or cannot be proceeded with.

14.—(1) If at an election a returning officer is satisfied that—

he shall adjourn, and if necessary further adjourn, such nomination or the poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete, as may be appropriate, the nomination or poll.

15 Appointment under Act of members and directors.

15.—(1) Where a Minister of State is informed pursuant to section 12 (5) of this Act by a returning officer at an election of the names of candidates elected or declared to have been elected at the election, he shall, as soon as may be, make an appointment under this section in respect of each of those candidates and in relation to the designated body as regards which the election was held.

16 Vacancy in designated body to be deemed to occur in certain circumstances.

16.—Where, between the making of a declaration under section 12 of this Act by the returning officer or the ascertainment of the result of an election, as may be appropriate, and,

17 Terms of office of members or directors appointed under Act, etc.

17.—(1) The term of office of a person to whom an appointment under section 15 of this Act relates as a member or director of a designated body shall commence on the day specified in the appointment as the specified day.

18 Remuneration, etc. of members or directors appointed under Act.

18.—(1) Where the remuneration or allowance for expenses payable to a member or director of a designated body is being determined by the body, the body shall not have regard to the fact that the member or director was, or was not, as the case may be, appointed under this Act.

19 Resignation and removal from office of members or directors appointed under Act.

19.—(1) A member or director of a designated body who is appointed under this Act may resign his office by letter addressed to the appropriate Minister and the resignation shall take effect as on and from the date of receipt of the letter by such Minister.

20 Disclosure by directors of Aerlinte or by members or directors of designated bodies of certain interests.

20.—(1) Where at a meeting of Aerlinte or a designated body any of the following matters arises, namely:

then any member or director of the company or body present at the meeting who, otherwise than in his capacity as such a member or director or as the chief executive officer of the company or body (whether called the General Manager, the Manager or by any other name), is in any way, whether directly or indirectly, interested in the matter shall at the meeting disclose to the company or body the fact of such interest and the nature thereof and shall not vote on a decision relating to the matter, and where an interest is dis- closed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and for so long as the matter to which the disclosure relates is being dealt with by the meeting the member or director by whom the disclosure is made shall not be counted in the quorum present at the meeting.

21 Disqualifications.

21.—(1) Subject to subsection (2) of this section, the disqualifications which, apart from this Act, for the time being operate either to prevent a person being, or to cause a person to cease to be, an ordinary member or an ordinary director of a designated body shall apply as regards the appointment of persons under section 15 or 22 of this Act and to persons who are so appointed to be members or directors of the body, and any person who is disqualified by any such disqualification shall, for so long as he is so disqualified,

22 Casual vacancies.

22.—(1) Where a vacancy (in this section referred to as a “casual vacancy”) occurs in the appropriate number of members or directors of a designated body by reason of the death or resignation, or the disqualification by virtue of section 21 of this Act, of such a member or director, or by reason of no candidate, or of less candidates than there were places to be filled, having been nominated at the last election relating to the body, or by reason of section 16 of this Act, the vacancy may be filled by a person appointed by the appropriate Minister.

23 Number of members or directors of designated body may be altered to provide that the number of such members or directors appointed under Act shall constitute not less than one third.

23.—(1) (a) Subject to subsection (2) of this section, the Minister may as regards any designated body, after consultation with the Minister for Finance and, in case a Minister of State other than that Minister is, as regards the body, the appropriate Minister, that other Minister of State, by order provide that on and from a day fixed by the order the number of members or directors, as may be appropriate, of the body, that is to say, the number comprising,

shall be such number as is specified in the order.

24 Designated bodies may be required to give notice to employees of certain provisions.

24.—The Minister may make regulations requiring a designated body to which the regulations apply to bring to the notice, in a prescribed manner, of their employees either or both of the following, namely:

and regulations under this section may apply either to every designated body or to such designated body or bodies as are specified in the regulations.

25 Quorums of designated bodies.

25.—(1) Notwithstanding the enactments contained in subsection (2) of this section the appropriate Minister may, after consultation with the Minister, by order fix the quorum for—

and in case the appropriate Minister makes an order under this section as regards a designated body to which any such enactment applies, the enactment shall, for so long as the order is in force, be construed and have effect in accordance with the order.

26 Alteration of memoranda and articles of association of certain designated bodies.

26.—Each designated body which is a company shall take such steps as may be necessary under the Act of 1963 to alter its memorandum and articles of association to make them consistent with this Act or any order under section 23 or 25 of this Act which applies to the body.

27 Cost of elections.

27.—(1) The costs and expenses of an election (including the costs and expenses of the taking of a preliminary poll), other than expenses incurred by candidates on their own behalf, shall be borne by the designated body to which the election relates.

28 Aerlinte.

28.—(1) In case the Minister for Transport and Power makes an appointment under section 15 or 22 of this Act in relation to Aer Lingus he shall at the same time appoint the person concerned to be a director of Aerlinte.

29 Expenses.

29.—The expenses incurred by the Minister or by any other Minister of State in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

30 Saver.

30.—Where a person who is an employed contributor within the meaning of the Social Welfare Acts, 1952 to 1976, is appointed to be a member or director under section 15, 22 or 28 of this Act, he shall not cease by reason only of the appointment to be such a contributor.

31 Repeals.

31.—The following enactments are hereby repealed:

32 Short title.

32.—This Act may be cited as the Worker Participation (State Enterprises) Act, 1977.

SCHEDULE

DESIGNATED BODIES

PART I
Bord na Móna.
Córas Iompair Éireann.
Electricity Supply Board.

PART II
Aer Lingus Teoranta.
British and Irish Steam Packet Company Limited.
Comhlucht Siúicre Éireann Teoranta.
Nitrigin Éireann Teoranta.

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