Dock Work Regulation Act 1976

12Effect of introducing the new Scheme

(1)An order of the Secretary of State bringing the new Scheme into force for an area comprising any of the ports specified in Schedule 1 to the 1966 Act shall—

(a)comprise an order by him under section 2(3) of that Act removing that port from the Schedule, with such transitional and saving provisions (if any) as he thinks appropriate having regard to the effect of that removal on the operation of the 1966 Act, or otherwise; and

(b)operate so that the 1967 Scheme and also any welfare amenity scheme under Part II of the 1966 Act cease to have any effect in or in relation to that area, subject to such transitional provisions and savings (if any) as may be contained in the order.

(2)Section 58(2) of the 1966 Act (consultation) does not apply to an order under section 2(3) of that Act, where made by virtue of subsection (1)(a) above.

(3)As from the Scheme's coming into force in any area, section 51 of the 1966 Act (reference to tribunal of disputes about what is " dock work ") shall not apply to any question relating to work done or to be done in that area.

(4)Where by virtue of section 5(3) of this Act and orders made under section 11 any description of work done or to be done at premises in a dock labour scheme area is dock work for the purposes of the new Scheme, then except in so far as provision excluding this subsection is made by the Scheme or by an order of the Secretary of State under section 11, it shall be an offence—

(a)for a person other than a registered dock employer or the Board to engage a person for employment, or employ him, in either case to do work of that description at those premises ; or

(b)subject to subsection (5) below, for a person other than a registered dock worker to do such work there (whether or not under an employer); or

(c)for a registered dock worker to do such work there otherwise than under an employer;

(d)for a registered dock employer to engage a person for employment, or employ him, in either case to do such work there, unless the person is a registered dock worker;

and a person guilty of an offence under this subsection shall be liable on summary conviction to a fine of not more than £400, or on conviction on indictment to a fine.

(5)It is not an offence under subsection (4)(b) above for a person to do such work on those premises if, at the time he does the work, he is the employer of some other person also doing it there.

(6)In subsection (4) above " registered", in relation to a dock worker, means registered under the new Scheme, whether in a main register or an extension register.