OpenLegislation

Paragraph 2

England, Wales and Scotland

(1)

Subject to sub-paragraph (4), the persons appointed under paragraph 1(a) shall be appointed as follows, namely—

(a)

those appointed to represent employers shall be appointed by one or more employers’ associations for the time being nominated for the purposes of this paragraph by the Secretary of State; and

(b)

those appointed to represent workers shall be appointed by one or more trade unions (within the meaning of the F1Trade Union and Labour Relations (Consolidation) Act 1992) for the time being so nominated;

and in this Schedule references to the nominated body or bodies in relation to any appointment in pursuance of paragraph (a) or (b) above are references to the body or bodies falling within that paragraph.

(2)

Unless it appears to the Secretary of State to be inappropriate in all the circumstances for this sub-paragraph to apply to the wages council—

(a)

the employers’ association nominated by him for the purposes of sub-paragraph (1)(a), or

(b)

where two or more employers’ associations are so nominated, at least one of those associations,

shall be an employers’ association appearing to him to be representative of small businesses within the scope of operation of the wages council.

(3)

On making an appointment in pursuance of sub-paragraph (1)(a) or (b) the nominated body or bodies shall inform the secretary of the wages council in writing of that appointment.

(4)

If for any reason there is a deficiency in the number of persons appointed to a wages council in pursuance of sub-paragraph (1)(a) or (b), the Secretary of State shall, after consulting such persons or organisations as he thinks fit, appoint on behalf of the nominated body or bodies such number of persons to represent employers or (as the case may be) workers as will remedy that deficiency.

Annotations

Textual amendments

F1

Words in Sch. 2, para. 2(1)(b) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2, para. 34(3)

Notes on Schedule 2

Textual amendments

F1

Schs. 2 and 3 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1.