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Dockyard Services Act 1986

1986 CHAPTER 52 cross-notes I1

An Act to make provision in connection with any arrangements that may be made by the Secretary of State for or with a view to the provision by contractors of certain dockyard services.

25th July 1986.

1 Transfer of persons engaged in dockyard services. P1E1

(1) This section applies in relation to such services for or in connection with ships or vessels or related establishments in the service of the Crown, provided at such dockyards, as may, in accordance with subsection (12) below, be designated by the Secretary of State by order ; and in this section, in relation to a designated dockyard—

“ the dockyard undertaking ” means the provision by the Crown of designated dockyard services at the dockyard ; and

“ the qualified dockyard service employees ” means the persons employed in or in connection with the dockyard undertaking in the civil service of the Crown on such day as the Secretary of State appoints by order.

(2) If, as regards a designated dockyard, the Secretary of State makes arrangements—

(a) for a company to provide designated dockyard services at the dockyard under contract with him, and

(b) for that or another company—

(i) to become the employer of suc of the qualified dockyard service employees at the dockyard as are employees to whom the arrangements apply, and

(ii) to acquire from him rights in or over the dockyard or any part of it and any property used for the purposes of the dockyard undertaking,

subsections (4) to (11) below shall have effect in relation to the employees to whom the arrangements apply.

(3) The arrangements made by the Secretary of State as regards a designated dockyard may include the formation of a company with a view to, or for any purpose of, the provision of designated dockyard services at the dockyard.

(4) [F1 The Transfer of Undertakings (Protection of Employment) Regulations 2006 F1] shall, subject to subsection (5) below, apply to transfer of the dockyard undertaking or any part of it whether or not, apart from this provision, the undertaking would be treated as [F2 an undertaking to whose transfer those Regulations apply F2] , and, for those purposes the services of the qualified dockyard service employees together with the rights in or over the dockyard and property used for the purposes of the undertaking shall be treated as [F3 a part of that undertaking to whose transfer those Regulations apply F3] whether or not the company which is to become their employer also provides designated dockyard services.

(5) [F4 The Transfer of Undertakings (Protection of Employment) Regulations 2006 F4] , in their application to the transfer of the dockyard undertaking or any part of it, shall have effect as if, for [F5 regulation 13 F5] (duty to inform and consult trade union representatives), there were substituted the provisions of subsections (6) to (9) below, and (unless the remedy provided by section 2 is invoked) the remedies by way of complaint to an [F6 employment tribunal F6] provided for by, and other provisions of, [F7 regulations 15 and 16 F7] shall be available and shall apply in relation to those subsections as they would in relation to [F5 regulation 13 F5] or any corresponding provision of it.

(6) Long enough before the transfer to enable consultations to take place between the Secretary of State and the representatives of the independent trade unions recognised by him in accordance with subsection (13) below, inform those representatives of—

(a) the fact that the transfer is to take place, when approximately it is to take place, and the reasons for it ;

(b) the legal, economic and social implications of the transfer for the employees ;

(c) the measures which he invisages he will, in connection with the transfer, take in relation to those employees or, if he invisages that no measures will be so taken, that fact ; and

(d) the measures which the company which is to become their employer envisages that it will, in connection with the transfer, take in relation to those employees or, if the company envisages that no measures will be so taken, that fact.

(7) The company which is to become their employer shall give to the Secretary of State such information at such a time as will enable him to perform the duty imposed on him by virtue of subsection (6)(d) above.

(8) The Secretary of State, where he envisages that he will, in connection with the transfer, be taking measures in relation to employees in respect of whom an independent trade union is recognised by him, shall enter into consultations with the representatives of the trade unions and in the course of those consultations shall—

(a) consider any representations made by the trade union representatives, and

(b) reply to those representations, and, if he rejects any of those representations, give his reasons.

(9) If in any case there are special circumstances which render it not reasonably practicable for the Secretary of State to perdorm a duty imposed on him by subsection (6) or (8) above, he shall take all such ateps towards performing that duty as are reasonably practicable in the circumstances.

(10) Where in pursuance of the arrangements referred to in subsection (2)(b) above a company is to become the employer of any person none of the agreed redundancy procedures applicable to persons employed in the civil service of the Crown shall apply to him.

(11) Where in pursuance of the arrangements referred to in subsection (2)(b) above—

(a) a person ceases to be employed in the civil service of the Crown on becoming employed by a company, and

(b) he would not have so ceased if it were not for those arrangements,

he shall not, on so ceasing, be treated for the purposes of any scheme under section 1 of the Superannuation Act 1972 as having retired on redundancy.

(12) The power to make an order under subsection (1) above is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and the dockyards that may be designated by such an order are those dockyards which are Royal Dockyards when this Act comes into force.

(13) In this Act—

and any information which is to be given to the representatives of a trade union shall be delivered to them or sent by post to an adress notified by them to the employer, or sent by post to the union at the adress of its head or main office.

1 Transfer of persons engaged in dockyard services. P2E4

(1) This section applies in relation to such services for or in connection with ships or vessels or related establishments in the service of the Crown, provided at such dockyards, as may, in accordance with subsection (12) below, be designated by the Secretary of State by order ; and in this section, in relation to a designated dockyard—

“ the dockyard undertaking ” means the provision by the Crown of designated dockyard services at the dockyard ; and

“ the qualified dockyard service employees ” means the persons employed in or in connection with the dockyard undertaking in the civil service of the Crown on such day as the Secretary of State appoints by order.

(2) If, as regards a designated dockyard, the Secretary of State makes arrangements—

(a) for a company to provide designated dockyard services at the dockyard under contract with him, and

(b) for that or another company—

(i) to become the employer of suc of the qualified dockyard service employees at the dockyard as are employees to whom the arrangements apply, and

(ii) to acquire from him rights in or over the dockyard or any part of it and any property used for the purposes of the dockyard undertaking,

subsections (4) to (11) below shall have effect in relation to the employees to whom the arrangements apply.

(3) The arrangements made by the Secretary of State as regards a designated dockyard may include the formation of a company with a view to, or for any purpose of, the provision of designated dockyard services at the dockyard.

(4) [F1 The Transfer of Undertakings (Protection of Employment) Regulations 2006 F1] shall, subject to subsection (5) below, apply to transfer of the dockyard undertaking or any part of it whether or not, apart from this provision, the undertaking would be treated as [F2 an undertaking to whose transfer those Regulations apply F2] , and, for those purposes the services of the qualified dockyard service employees together with the rights in or over the dockyard and property used for the purposes of the undertaking shall be treated as [F3 a part of that undertaking to whose transfer those Regulations apply F3] whether or not the company which is to become their employer also provides designated dockyard services.

(5) [F4 The Transfer of Undertakings (Protection of Employment) Regulations 2006 F4] , in their application to the transfer of the dockyard undertaking or any part of it, shall have effect as if, for [F5 regulation 13 F5] (duty to inform and consult trade union representatives), there were substituted the provisions of subsections (6) to (9) below, and (unless the remedy provided by section 2 is invoked) the remedies by way of complaint to an industrial tribunal provided for by, and other provisions of, [F7 regulations 15 and 16 F7] shall be available and shall apply in relation to those subsections as they would in relation to [F5 regulation 13 F5] or any corresponding provision of it.

(6) Long enough before the transfer to enable consultations to take place between the Secretary of State and the representatives of the independent trade unions recognised by him in accordance with subsection (13) below, inform those representatives of—

(a) the fact that the transfer is to take place, when approximately it is to take place, and the reasons for it ;

(b) the legal, economic and social implications of the transfer for the employees ;

(c) the measures which he invisages he will, in connection with the transfer, take in relation to those employees or, if he invisages that no measures will be so taken, that fact ; and

(d) the measures which the company which is to become their employer envisages that it will, in connection with the transfer, take in relation to those employees or, if the company envisages that no measures will be so taken, that fact.

(7) The company which is to become their employer shall give to the Secretary of State such information at such a time as will enable him to perform the duty imposed on him by virtue of subsection (6)(d) above.

(8) The Secretary of State, where he envisages that he will, in connection with the transfer, be taking measures in relation to employees in respect of whom an independent trade union is recognised by him, shall enter into consultations with the representatives of the trade unions and in the course of those consultations shall—

(a) consider any representations made by the trade union representatives, and

(b) reply to those representations, and, if he rejects any of those representations, give his reasons.

(9) If in any case there are special circumstances which render it not reasonably practicable for the Secretary of State to perdorm a duty imposed on him by subsection (6) or (8) above, he shall take all such ateps towards performing that duty as are reasonably practicable in the circumstances.

(10) Where in pursuance of the arrangements referred to in subsection (2)(b) above a company is to become the employer of any person none of the agreed redundancy procedures applicable to persons employed in the civil service of the Crown shall apply to him.

(11) Where in pursuance of the arrangements referred to in subsection (2)(b) above—

(a) a person ceases to be employed in the civil service of the Crown on becoming employed by a company, and

(b) he would not have so ceased if it were not for those arrangements,

he shall not, on so ceasing, be treated for the purposes of any scheme under section 1 of the Superannuation Act 1972 as having retired on redundancy.

(12) The power to make an order under subsection (1) above is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and the dcokyards that may be designated by such an order are those dockyards which are Royal Dockyards when this Act comes into force.

(13) In this Act—

and any information which is to be given to the representatives of a trade union shall be delivered to them or sent by post to an adress notified by them to the employer, or sent by post to the union at the adress of its head or main office.

2 Failure to inform or consult trade unions : High Court and Court of Session remedies. E2

(1) A trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, bring an action in the High Court for a declaration as to whether or not he has failed to fulfil that duty, and the Court may make a declaration accordingly.

(2) In Scotland, a trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, raise an action in the Court of Session for a declarator as to whether or not he has failed to fulfil that duty, and the Court may make a declarator accordingly.

(3) No proceedings may be brought under this section if a complaint to an [F10 employment tribunal F10] has been made under the provisions applied by section 1(5) above.

2 Failure to inform or consult trade unions : High Court and Court of Session remedies. E5

(1) A trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, bring an action in the High Court for a declaration as to whether or not he has failed to fulfil that duty, and the Court may make a declaration accordingly.

(2) In Scotland, a trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, raise an action in the Court of Session for a declarator as to whether or not he has failed to fulfil that duty, and the Court may make a declarator accordingly.

(3) No proceedings may be brought under this section if a complaint to an industrial tribunal has been made under the provisions applied by section 1(5) above.

3 Provisions as regards premises used for transferred services. E3

(1) All the land in a designated dockyard shall, whatever the respective rights in or over any part of it of the Secretary of State and a dockyard contractor, be treated for the purposes of—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) M3,F12 Part II of the Military Lands Act 1892 (byelaws for lands under the management of Secretary of State used for service purposes), . . .

F12 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13,F13 as land . . . under the control or management of the Secretary of State or the Defence Council, or occupied on behalf of the Crown, for naval, military or air force purposes or the purposes of his departure . . ., as the case may be, and all instruments, authorities, powers and privileges subsisting under [F14 that enactment F14] at the commencement of this Act shall (until revoked) continue in force accordingly.

(2) M4 Part II of the Landlord and Tenant Act 1954 (security of tenure for business tenants) shall not apply to any tenancy granted to a dockyard contractor in respect of any land in a designated dockyard.

3 Provisions as regards premises used for transferred services. E6

(1) All the land in a designated dockyard shall, whatever the respective rights in or over any part of it of the Secretary of State and a dockyard contractor, be treated for the purposes of—

(a) section 3 of Special Constables Act 1923 (appointment of constables in respect of Her Majesty’s dockyards),

(b) M7 Part II of the Military Lands Act 1892 (byelaws for lands under the management of Secretary of State used for service purposes), and

(c) M8 the General Rate Act 1967 or, in Scotland, the Valuation Acts (under which rates are levied except on land occupied by or on behalf of the Crown for public purposes),

as land or, in Scotland, land or heritages under the control or management of the Secretary of State or the Defence Council, or occupied on behalf of the Crown, for naval, military or air force purposes or the purposes of his departure or for public purposes, as the case may be, and all instruments, authorities, powers and privileges subsisting under those enactments at the commencement of this Act shall (until revoked) continue in force accordingly.

(2) M9 Part II of the Landlord and Tenant Act 1954 (security of tenure for business tenants) shall not apply to any tenancy granted to a dockyard contractor in respect of any land in a designated dockyard.

4 Expenses of Secretary of State.

There shall be paid out of money provided by Parliament any expenses of the Secretary of State—

(a) incurred in connection with the formation of any company formed with a view to, or for any prupose of, the provision of designated dockyard services at a designated dockyard or the operation of any such company wholly owned by the Secretary of State ; or

(b) incurred in assuming responsibility for any liabilities of that company or any other company which is or has been a dockyard contractor arising out of the provision of designated dockyard services or to or in respect of persons employed or formerly employed in or in connection with the provision of those services.

5 Short title and commencement.

(1) This Act may be cited as the Dockyards Services Act 1986.

(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

Status: There are currently no known outstanding effects for the Dockyard Services Act 1986.
Dockyard Services Act 1986 (1986/52)
Version from: 1 October 2009

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 Act applied (S.) (1.4.1993) by Local Government Finance Act 1992 (c. 14) , ss. 111(9) (with s. 118(1)(2)(4); S.I. 1993/575 , art. 2(a)
C2 Act applied (S.) (1.4.1992) by Valuation and Rating (Scotland) Act 1956 (c. 60) , s. 22(3) (as substituted by Local Government Finance Act 1992 (c. 14) , s. 117(1) , Sch. 13 , para. 10 (with s. 118(1)(2)(4) )); S.I. 1992/818 , art. 2(a)
E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E3 This version of this provision extends to E.W.S. only: a separate version has been created for N.I. only
E4 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E5 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E6 This version of this provision extends to N.I. only; a separate version has been created for E.W.S. only
F1 Words in s. 1(4) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(2)(a) substituted
F1 Words in s. 1(4) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(2)(a) substituted
F2 Words in s. 1(4) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(2)(b) substituted
F2 Words in s. 1(4) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(2)(b) substituted
F3 Words in s. 1(4) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(2)(c) substituted
F3 Words in s. 1(4) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(2)(c) substituted
F4 Words in s. 1(5) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(3)(a) substituted
F4 Words in s. 1(5) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(3)(a) substituted
F5 Words in s. 1(5) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(3)(b) substituted
F5 Words in s. 1(5) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(3)(b) substituted
F6 Words in s. 1(5) substituted (1.8.1998) by 1998 c. 8 , s. 1(2)(a) (with s. 16(2) ); S.I. 1998/1658 , art. 2(1) , Sch. 1 this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F7 Words in s. 1(5) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(3)(c) substituted
F7 Words in s. 1(5) substituted (with application in accordance with reg. 21(1) of the commencing S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) , reg. 1(2) , Sch. 2 para. 4(3)(c) substituted
F8 Definition "company" in s. 1(13) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 1(2) , Sch. 1 para. 86(a) (with art. 10 ) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F8 Definition "company" in s. 1(13) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 1(2) , Sch. 1 para. 86(a) (with art. 10 ) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F9 Definition "the Companies Acts" in s. 1(13) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 1(2) , Sch. 1 para. 86(b) (with art. 10 ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F9 Definition "the Companies Acts" in s. 1(13) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 1(2) , Sch. 1 para. 86(b) (with art. 10 ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F10 Words in s. 2(3) substituted (1.8.1998) by 1998 c. 8 , s. 1(2) (with s. 16(2) ); S.I. 1998/1658 , art. 2(1) , Sch. 1 this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F11 S. 3(1)( a ) repealed (E.W.S) by Ministry of Defence Police Act 1987 (c. 4, SIF 95) , ss. 7(6) , 8(2)(3) repealed
F12 S.3 (1)(c) and the preceding word repealed (E.W.S.)(1.4.2000) by 1997 c.29 , s. 3(1)(2) , Sch.3 para. 20 , Sch.4 ; S.I. 1998/2329 , art. 3 repealed: England, Wales and Scotland repealed
F13 Words in s. 3(1) repealed (E.W.S.) (1.4.2000) by 1997 c.29 , s. 3(1)(2) , Sch. 3 para. 20 , Sch.4 ; S.I.1998/2329 , art. 3 repealed: England, Wales and Scotland repealed
F14 Words in s. 3(1) substituted (E.W.S.) (1.4.2000) by 1997 c.29 , s. 33(1)(2) ,Sch. 3 para. 20, Sch. 4; S.I. 1998/2329 , art. 3 substituted: England, Wales and Scotland substituted
I1 Act wholly in force at 25.9.1986 see s. 5(2)
M1 1974 c. 52 .
M2 1975 c. 71 .
M3 1892 c. 43 .
M4 1954 c. 56 .
M5 1974 c. 52 .
M6 1975 c. 71 .
M7 1892 c. 43 .
M8 1967 c. 9 .
M9 1954 c. 56 .
P1 5.4.1987 appointed by S.I.s 1986/2243, art. 4, 1986/2244, art. 4 for the purposes of s. 1(1)
P2 5.4.1987 appointed by S.I.s 1986/2243, art. 4, 1986/2244, art. 4 for the purposes of s. 1(1)
Defined Term Section/Article ID Scope of Application
company s. 1 def_0272138fba
company s. 1 def_38e95fce4e
designated s. 1 def_aebd177d89
designated s. 1 def_55c1bba0ad
dockyard contractor s. 1 def_670df6342c
dockyard contractor s. 1 def_dc5f5f6fd6
formed s. 1 def_d0913e29f1
formed s. 1 def_fe180eddaa
independent trade union s. 1 def_c5473d3d86
independent trade union s. 1 def_8e734ddfe9
recognised s. 1 def_1dac2cdc54
recognised s. 1 def_8ae3315be2
the dockyard undertaking s. 1 def_1265aaa8be
the dockyard undertaking s. 1 def_ed11cee406
the qualified dockyard service employees s. 1 def_82c0fa4fae
the qualified dockyard service employees s. 1 def_e830acb4d5
trade union s. 1 def_b38ca13ca7
trade union s. 1 def_fb7986ae4b

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