Dock Work Regulation Act 1976

8Cargo-handling operations in general

(1)Subject to the provisions of this Act, the Board may, in the case of any work done or to be done at premises situated in a definable dock area and falling within Part I of Schedule 4 to this Act and not within Part II of that Schedule, report to the Secretary of State with a recommendation that the work, or some specified part of it, so far as done at those premises, be classified for the future as dock work.

(2)The Board's recommendation must specify—

(a)the address or description of the premises where the work is, or is to be, done ;

(b)the name of the person (" the employer ") for whom the work is, or is to be, done ; and

(c)the name of any trade union which is concerned with the classification of the work ;

and a trade union is so concerned if the employer recognises it in respect of workers employed to do (at those premises or elsewhere) any work within Part I of Schedule 4 to this Act and not within Part II of that Schedule.

(3)In Part I of Schedule 5 to this Act there is set out the procedure, by way of giving notices to and inviting representations from employers, trade unions and others, which is to be complied with before the Board make any recommendation to the Secretary of State under this section; and Part II of that Schedule applies as to the terms of the recommendation and the manner of making it, and the action to be taken after it has been made.

(4)The Board may under that Schedule determine that there are prima facie grounds for making a recommendation if it appears to them that the work—

(a)is, or is to be, done by way of substitution for other work previously done by registered dock workers, whether at the same premises or elsewhere ; or

(b)is such that those employed on it need training, aptitudes and experience the same as, or similar to, those of registered dock workers; or

(c)is for the time being done wholly or mainly by workers employed as casual labour.

(5)The Board shall not on any one or more of those grounds alone, and without more, make a recommendation under this section with respect to the work; but they shall consider in particular, as well as all other matters appearing to them to be relevant—

(a)whether the work requires for its efficient performance the engagement of a permanent labour force ;

(b)whether classification of the work would assist the making or improvement of arrangements—

(i)for creating and maintaining an adequate labour force both for that work and for other work that is or may be classified;

(ii)for rationalising the deployment of labour on any such work ; and

(iii)for removing such anomalous distinctions between different categories of workers as may impede the efficient performance of the work, or dock work in general, or impede the development of good labour relations; and

(c)whether classification of the work would adversely affect—

(i)the efficient performance of other work done at the same premises, having regard to the amount of that work, as compared with the amount of work under consideration, and the extent to which that work is integrated with the work under consideration ; or

(ii)the maintenance of good labour relations among workers employed at those premises.

(6)The Board shall for the purposes of their recommendation consult such persons as appear to them to be concerned with its subject matter; and they shall in particular consult—

(a)the National Ports Council as to any relevant responsibilities of that Council under the [1964 c. 40.] Harbours Act 1964;

(b)the Minister of Agriculture, Fisheries and Food as to any relevant responsibilities of his in relation to fishery harbours or the storage of food ; and

(c)the Secretary of State as to any relevant responsibilities of his (under the Harbours Act 1964, or otherwise) in relation to marine works in Scotland.

(7)The Board shall in their recommendation record for the Secretary of State the views of those they have consulted, and also any representations made to them about it.