Dock Work Regulation Act 1976

The National Dock Labour Board

1Reconstitution of Board as body corporate

(1)On the appointed day the National Dock Labour Board constituted under the Dock Workers Employment Scheme 1967 is dissolved by virtue of this Act; and on that day there shall come into being a body corporate bearing the same name and having functions conferred by or under this Act.

(2)The new Board shall consist of a chairman, a vice chairman and twelve other members, all appointed by the Secretary of State.

(3)Of those other members eight shall be so appointed on the nomination or re-nomination of the National Joint Council for the Port Transport Industry, four being appointed to represent dock employers and four to represent dock workers.

(4)The remaining four members of the Board, and the chairman and vice-chairman, shall be appointed by the Secretary of State after consultation with the National Joint Council, the Trades Union Congress and the Confederation of British Industry.

(5)Part I of Schedule 1 to this Act has effect with respect to the National Dock Labour Board, its members, staff and administration; and Part II of that Schedule has effect with respect to the transfer of functions, property, etc. from the old Board to the new.

(6)Where an enactment or instrument (statutory or other) passed or made before the appointed day refers to the National Dock Labour Board, it is to be read as referring, as from that day, to the new Board and not the old, except where the context otherwise requires.

2General duty of the Board

(1)The Board, having regard to the public interest, shall keep under review such economic and industrial developments as appear to them to affect, or be likely to affect, the performance of work classified under this Act as dock work.

(2)In the light of those developments they shall consider—

(a)whether current classifications are satisfactory and, if not, the respects in which they could with advantage be altered;

(b)what (if any) measures should be taken for improving co-operation between dock employers and dock workers and thereby the efficiency with which such work is performed.

(3)They shall also keep under review—

(a)the extent to which the skills, aptitudes and experience of dock workers are adequately deployed, having regard to the amount of such work that is available; and

(b)the need (if any) to adjust the strength and disposition of the labour force ;

and they shall submit to the Secretary of State from time to time reports and proposals for action.

(4)In formulating any such proposal, the Board shall examine—

(a)methods of recruitment and training ;

(b)in so far as they are of opinion that the labour force exceeds the foreseeable requirement, the ways in which it can be reduced or re-deployed, or other changes can be implemented, without avoidable hardship to the workers concerned; and

(c)the probable cost to employers of implementing the proposal.

(5)In respect of the matters mentioned above in this section, and cognate matters, the Board shall maintain regular consultation with the National Ports Council, and with others appearing to the Board to be concerned.

(6)The Board are responsible for advising the Secretary of State from time to time in respect of those matters, as and when he may seek such advice or the Board think any aspect of them ought to be drawn to his attention; and the Board shall also make their advice available to other persons appearing to them to have an interest.

3Finances of the Board

(1)The Board may borrow such sums as they require for performing their functions—

(a)from the Secretary of State ; or

(b)with the consent of the Secretary of State, or in accordance with any general authority given by him, from other persons;

and the Board shall not borrow money otherwise than under this subsection.

(2)The aggregate amount outstanding by way of principal of—

(a)money borrowed by the old Board for which the new Board is liable ; and

(b)money borrowed by the new Board under this section,

shall not exceed £10 million or such greater amount not exceeding £30 million as may be specified by order of the Secretary of State; and no such order shall be made unless a draft of the order has been laid before the House of Commons and approved by resolution of that House.

(3)The Secretary of State may lend to the Board any sums which they have power to borrow, and any such loans shall be repaid by the Board at such times, and in such manner, and interest on the loans shall be paid at such rates and at such times, as he may from time to time direct.

(4)The Secretary of State may make such grants to the Board towards their expenses in pursuance of sections 6 to 10 of this Act (reports and recommendations on classification) as he may determine.

(5)Anything done by the Secretary of State under this section requires the Treasury's approval.