Wages Councils Act 1979

• (5) If it appears to the Secretary of State that an insufficient number of persons has been appointed to represent either employers or workers on a wages council or central co-ordinating committee he may, after consultation with such persons or organisations as as he thinks fit, himself appoint such number of persons for the purpose as will secure a sufficiency of representatives of employers or workers, as the case may be, on the council or committeee.

• (6) Of the independent persons appointed under sub-paragraph (l)(a) above, one shall be appointed by the Secretary of State to act as chairman, and another may be appointed by the Secretary of State to act as chairman in the absence of the chairman.

2

• (1) A central co-ordinating committee operating in relation only to two or more statutory joint industrial councils shall consist of equal numbers of persons appointed by one or more employers' associations to represent employers on the committee and of persons appointed by one or more trade unions to represent workers on the committee.

• (2) Any such committee shall elect a chairman and deputy chairman from among its members.

3

The Secretary of State may on the application of a wages council or central co-ordinating committee make such changes in the number of members or the machinery for appointing them as is necessary or expedient in the circumstances.

4

The Secretary of State may appoint a secretary and such other officers as he thinks fit of a wages council or central co-ordinating committee.

5

The proceedings of a wages council or central co-ordinating committee shall not be invalidated by reason of any vacancy therein or by any defect in the appointment of a member.

6

• (1) A wages council or central co-ordinating committee may delegate any of its functions, other than the power to make orders under section 14 of this Act, to a committee or sub-committee consisting of such number of members of the council as the council or committee thinks fit.

• (2) The number of members representing employers and the number of members representing workers on a committee of a council or any such sub-committee shall be equal.

7

The Secretary of State may make regulations as to the meetings and procedure of a wages council or central co-ordinating committee and of any committee or, as the case may be, sub-committee thereof, including regulations as to the quorum and the method of voting, but, subject to the provisions of this Act and to any regulations so made, a wages council or central co-ordinating committee and any committee or, as the case may be, sub-committee thereof may regulate its procedure in such manner as it thinks fit

8

• (1) A member of a wages council or central co-ordinating committee shall hold and vacate office in accordance with the terms of his appointment, but the period for which he is to hold office, shall, without prejudice to his re-appointment, not exceed five years.

• (2) Where the term for which the members of a wages council or central co-ordinating committee were appointed comes to an end before their successors are appointed, those members shall, except so far as the Secretary of State or, as the case may be, the appointing body otherwise directs, continue in office until the hew appointments take effect

9

There may be paid to the members of a wages council or central co-ordinating committee appointed under paragraph 1(a) above such remuneration, and to any member of any such council or committee such travelling and other allowances, as the Secretary of State may, with the consent of the Minister for the Civil Service, determine, and all such remuneration and allowances shall be defrayed as part of the expenses of the Secretary of State in carrying this Act into effect.

SCHEDULE 3

1

• (1) Any committee appointed by the Secretary of State at the request of a wages council shall consist of—

• (a) a chairman chosen as being an independent person;

• (b) persons who appear to the Secretary of State to represent the employers in relation to whom the committee will operate; and

• (c) persons who appear to the Secretary of State to represent the workers in relation to whom the committee will operate.

• (2) On any such committee the persons appointed under head (b), and the persons appointed under head (c), of sub-paragraph (1) above shall be equal in number.

2

• (1) The appointment of a member of any such committee as aforesaid shall be for such term as may be determined by the Secretary of State before his appointment and shall be subject to such conditions as may be so determined.

• (2) Where the term for which the members of an advisory committee were appointed comes to an end before the Secretary of State has appointed the persons who are to serve as members of the committee after the expiration of that term, they shall, except so far as the Secretary of State otherwise directs, continue in office until the new appointments take effect.

3

There may be paid to the chairman of any such committee as aforesaid such fees, and to any member of any such committee such travelling and other allowances, as the Secretary of State may, with the consent of the Minister for the Civil Service, determine, and all such fees and allowances shall be defrayed out of moneys provided by Parliament.

SCHEDULE 4

PART I — Constitution, Etc

1

• (1) A statutory joint industrial council (hereafter in this Part of this Schedule referred to as a council) shall consist of equal numbers (being numbers within the limits specified by the Secretary of State) of persons appointed by a nominated employers' association to represent employers on the council and of persons appointed by a nominated trade union to represent workers on the council.

• (2) A nominated employers' association or trade union shall on making such an appointment inform the secretary of the council, in writing, of that appointment.

2

• (1) On the conversion of a wages council to a statutory joint industrial council—

• (a) the limits as to the number of persons to be appointed to represent employers and workers on that wages council which are immediately before the date on which that council becomes a statutory joint industrial council for the time being specified by the Secretary of State, shall continue, subject to sub-paragraph (2) below, to be the limits in relation to that statutory joint industrial council; and

• (b) an employers' association or trade union which immediately before the date on which that wages council becomes a statutory joint industrial council is for the time being nominated by the Secretary of State for the purpose of appointing persons to represent employers or workers on that wages council, shall continue, subject to sub-paragraph (2) below, to be so nominated in relation to that statutory joint industrial council.

• (2) The Secretary of State may, on the application of a statutory joint industrial council, make such changes in the number of members of the council or in the machinery for appointing them as are necessary or expedient in the circumstances.

3

A council shall elect a chairman and deputy chairman from among its members.

4

The proceedings of a council shall not be invalidated by reason of any vacancy among its members or by any defect in the appointment of a member.

5

• (1) A council may delegate any of its functions, other than the power to make orders under section 14 of this Act, to a committee consisting of such number of members of the council as the council thinks fit.

• (2) The number of members representing employers and the number of members representing workers on a committee of a council shall be equal.

6

A council may regulate its own procedure.

7

• (1) A member of a council shall hold and vacate office in accordance with the terms of his appointment, but the period for which he is to hold office shall, without prejudice to his re-appointment, not exceed five years.

• (2) Where the term for which the members of a council were appointed comes to an end before their successors are appointed, those members shall, except so far as the appointing body otherwise directs, continue in office until the new appointments take effect.

8

The Secretary of State may pay to the members of a council such travelling and other allowances, including allowances for loss of remunerative time, as the Secretary of State may, with the consent of the Minister for the Civil Service, determine.

9

The expenses of a statutory joint industrial council, to such an extent as may be approved by the Secretary of State with the consent of the Treasury, shall be paid by the Secretary of State.

10

The Secretary of State may appoint a secretary and such other officers of a council as he thinks fit.

PART II — Transitional Provisions

11

Any of the following things done by, to or in relation to a wages council, that is to say—

• any order made under section 14 of this Act;

• any proposals published in relation to making of such an order, any notice published and representations made with respect thereto;

• any permit issued under section 16 of this Act;

• any approval given under the proviso to section 19(1) of this Act;

shall as from the date when that council becomes a statutory joint industrial council be treated as having been done by, to or in relation to the latter council.

12

The persons who immediately before the date on which a wages council becomes a statutory joint industrial council are the members of the wages council appointed by an employers' association or trade union shall, subject to paragraph 2(2) above, become and continue to be members of the statutory joint industrial council as if they had been appointed under paragraph 1 above.

13

The persons who immediately before the date on which a wages council becomes a statutory joint industrial council are the secretary and officers of the wages council shall on that date become the secretary and officers of the statutory joint industrial council.

SCHEDULE 5

1

The repeals effected by this Act shall not affect any right of a worker to recover sums from his employer on account of the payment to the worker of remuneration less than the statutory minimum remuneration, or the power of an officer of the Secretary of State to institute on behalf of and in the name of the worker civil proceedings for the enforcement of that right or the power of the court in such proceedings to make an order for the payment of costs by the officer.

2

A member of a wages council or central co-ordinating committee who, immediately before the commencement of this Act, is by virtue of paragraph 11(3) of Schedule 17 to the Employment Protection Act 1975 treated as having been appointed by a nominated employers' association or trade union shall continue to be so treated.

3

Any reference in any enactment or document made before the passing of the Wages Councils Act 1945 (28th March 1945), other than an enactment repealed by that Act, to a trade board shall be construed as including a reference to a wages council.

SCHEDULE 6

Post Office Act 1969 (c. 48)

1

In section 81(1) of the Post Office Act 1969, for the words " the Wages Councils Act 1959 " there are substituted the words " Wages Councils Act 1979 ".

Equal Pay Act 1970 (c. 41)

2

In section 4 of the Equal Pay Act 1970—

• (a) in subsections (1), (1A), and (2), for the words " section 11 of the Wages Councils Act 1959 ", in each place where they occur, there are substituted the words " section 14 of the Wages Councils Act 1979 " ; and

• (b) in subsection (1A), for the words " subsections (3) and (3A) of the said section 11 " there are substituted the words " subsections (4) and (5) of the said section 14 " ; and

• (c) in subsection (3), for the words " section 12(1) or (1A) of the Wages Councils Act 1959 ", " in section 12(1) or (1A) " and " section 11 (8)" there are substituted the words " section 15(1) or (2) of the Wages Councils Act 1979 ", " in section 15(1) or (2) " and " section 14(12) " respectively.

Attachment of Earnings Act 1971 (c. 32)

3

In Schedule 3 to the Attachment of Earnings Act 1971, in paragraph 3(c), for the words " Wages Councils Act 1959 " there are substituted the words "Wages Councils Act 1979 ".

House of Commons Disqualification Act 1975 (c. 24)

4

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, in the first entry relating to wages councils, for the words " paragraph 1(a) of Schedule 2 to the Wages Councils Act 1959 or Chairman of a Committee appointed under paragraph 1(1)(a) of Schedule 3 to that Act" there are substituted the words " paragraph 1(1)(a) of Schedule 2 to the Wages Councils Act 1979 or chairman of a committee appointed under paragraph 1(1)(a) of Schedule 3 to that Act ".

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, in the first entry relating to wages councils, for the words " paragraph 1(a) of Schedule 2 to the Wages Councils Act 1959 or Chairman of a Committee appointed under paragraph 1(1)(a) of Schedule 3 to that Act" there are substituted the words " paragraph 1(1)(a) of Schedule 2 to the Wages Councils Act 1979 or chairman of a committee appointed under paragraph 1(1)(a) of Schedule 3 to that Act ".

Employment Protection (Consolidation) Act 1978 (c. 44)

6

In section 18(2) of the Employment Protection (Consolidation) Act 1978 for paragraph (a) there is substituted the following paragraph—

(a) section 14 of the Wages Councils Act 1979 ;

.

SCHEDULE 7