Agricultural Wages Act 1952

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AT 1 of 1952

AGRICULTURAL WAGES ACT 1952

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AGRICULTURAL WAGES ACT 1952

Index Section Page

The Agricultural Wages Board 5

1 The Agricultural Wages Board for the Isle of Man .................................................... 5
Wages and Holidays 5

2 Power of Agricultural Wages Board to fix rates of wages and holidays ................ 5
2A Enforcement ..................................................................................................................... 8
3 Enforcement of holiday orders ..................................................................................... 9
4 Permits to incapacitated persons ................................................................................ 10
5 Provisions as to learners .............................................................................................. 12
6 Reckoning of benefits and advantages as payment of wages ................................ 13
7 Power of Board to award additional wages for piece work in certain cases........ 14
8 Provisions as to applications, etc, to the Agricultural Wages Board ..................... 14
9 Criminal liability of agents and special defence open to employer ...................... 14
10 Avoidance of agreements in contravention of this Act, and saving for
other agreements, etc.................................................................................................... 15
Supplementary 15

11 Officers ........................................................................................................................... 15
12 Annual reports .............................................................................................................. 17
13 Expenses ......................................................................................................................... 17
14 Evidence of resolutions and orders ............................................................................ 17
14A Information obtained by authorised officers ............................................................ 17
15 Power to give effect to, and modify this Act as respects holidays and
holiday remuneration................................................................................................... 18
16 Regulations .................................................................................................................... 18
17 Interpretation ................................................................................................................. 18
17A Relationship between this Act and the Minimum Wage Act 2001 ........................... 19
18 [Repealed] ...................................................................................................................... 19
19 Short title ........................................................................................................................ 19
20 Commencement ............................................................................................................ 19
Index Agricultural Wages Act 1952


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FIRST SCHEDULE 21

CONSTITUTION AND PROCEEDINGS OF AGRICULTURAL WAGES
BOARD 21
SECOND SCHEDULE 25

ORDERS OF THE AGRICULTURAL WAGES BOARD 25
THIRD SCHEDULE 27

ENDNOTES 29

TABLE OF LEGISLATION HISTORY 29
TABLE OF RENUMBERED PROVISIONS 29
TABLE OF ENDNOTE REFERENCES 29

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c i e
AGRICULTURAL WAGES ACT 1952

Received Royal Assent: 24 March 1952
Passed: 20 May 1952
Commenced: 21 May 1952
AN ACT
to consolidate and revise the Agricultural Wages (Regulation) Acts,
1942 and 1945.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Fines Act 1986 and by the
Criminal Justice (Penalties, Etc.) Act 1993 s 1.
2. References to the Rolls Office are to be constructed in accordance with the
General Registry Act 1965.
The Agricultural Wages Board
1 The Agricultural Wages Board for the Isle of Man

[1942/2]
(1) There shall be a Board, to be called the Agricultural Wages Board (in this
Act referred to as “the Board
”).
(2) The provisions of the First Schedule to this Act shall have effect with
respect to the constitution and proceedings of the Board.
Wages and Holidays
2 Power of Agricultural Wages Board to fix rates of wages and holidays

[1942/3; 1945/2]
(1) Subject to and in accordance with the provisions of this section, the
Board shall have power —
(a) to fix minimum rates of wages for workers employed in
agriculture; and
Section 2 Agricultural Wages Act 1952


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(b) to direct that any such workers shall be entitled to be allowed by
their employers holidays of such duration as may be specified in
the direction.
(2) The powers of the Board with respect to the fixing of minimum rates of
wages as aforesaid shall be powers —
(a) to fix minimum rates for time work;
(b) to fix minimum rates for piece work;
(c) to fix minimum rates for time work, to apply in the case of
workers employed on piece work, for the purpose of securing to
such workers a minimum rate of remuneration on a time work
basis;
(d) to fix separate minimum rates by way of pay in respect of
holidays;
and the exercise by the Board of their powers under paragraph (a) of this
subsection shall be obligatory:
Provided that the minimum time rate for piece work shall not in any case
be higher than the minimum rate which, if the work were time work,
would be applicable thereto by virtue of paragraph (a) of this subsection.
(2A) [Repealed]1

(2B) No minimum rate fixed under this section which is an hourly rate shall
be less than the minimum wage.2

(2C) No minimum rate fixed under this section which is a rate other than an
hourly rate shall be such as to yield a less amount of wages for each hour
worked than the hourly amount of the minimum wage.3

(3) A direction under paragraph (b) of subsection (1) of this section that a
worker shall be entitled to be allowed a holiday shall not be given unless
both minimum rates of wages in respect of the period of the holiday and
minimum rates of wages otherwise than in respect of the holiday have
been or are being fixed under this section for that worker, shall provide
for the duration of the holiday’s being related to the duration of the
period for which the worker has been employed or engaged to be
employed by the employer who is to allow the holiday and, subject as
aforesaid, may make provision as to the times at which or the periods
within which, and the circumstances in which, the holiday shall be
allowed; and the power to fix separate minimum rates of wages by way
of pay in respect of holidays shall include power to make provision with
respect to the times at which, and the conditions subject to which, those
wages shall accrue and shall become payable, and for securing that any
such wages which have accrued to a worker during his employment by
any employer shall, in the event of his ceasing to be employed by that
employer before he becomes entitled to be allowed a holiday by him,
nevertheless become payable by the employer to the worker.
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(4) Any such minimum rates of wages as are mentioned in subsection (2) of
this section may be fixed so as to vary according as the employment is
for a day, week, month, or other period, or according to the number of
working hours, or the conditions of the employment, or so as to provide
for a differential rate in the case of employment defined by the Board as
being overtime employment, and, without prejudice to the generality of
the preceding words, a minimum time rate for piece work may be fixed
so as to provide for a differential rate for work done in such
circumstances that, if it were time work, it would be treated as overtime
for the purposes of the minimum rate applicable thereto by virtue of
paragraph (a) of that subsection.
In the exercise of their powers under this subsection, the Board shall, so
far as is reasonably practicable, secure a weekly half-holiday for workers.
(5) The Board may, if they think it expedient, cancel or vary a minimum rate
fixed or a direction as to holidays given under this section.
(6) The powers conferred on the Board by this section shall be exercised by
order made in accordance with the provisions of the Second Schedule to
this Act.
(7) Nothing in this section shall be construed as preventing the Board fixing
or varying a minimum rate of wages so as to secure that workers
employed in agriculture receive remuneration calculated by reference to
periods during the currency of their employment.
(8) If the Board make, or purport to make, an order fixing a minimum rate
under this section —
(a) which is an hourly rate but which is lower than the minimum
wage in force when that minimum rate comes into effect, or
(b) which is a rate other than an hourly rate but which is such as to
yield a less amount of wages for each hour worked than the
hourly amount of the minimum wage in force when that
minimum rate comes into effect,
they shall be taken to have made an order fixing in place of that
minimum rate a minimum rate equal to the minimum wage or, as the
case may be, a minimum rate such as to yield an amount of wages for
each hour worked equal to the hourly amount of the minimum wage.4

(9) If, at any time after a minimum rate which is an hourly rate comes into
effect under this section, the minimum wage becomes higher than that
minimum rate, then, as respects any period beginning at or after that
time, the Board shall be taken to have made an order fixing in place of
that minimum rate a minimum rate equal to the minimum wage.5

(10) If, at any time after a minimum rate other than an hourly rate comes into
effect under this section, the minimum wage is increased to such a level
that that minimum rate yields a less amount of wages for each hour
Section 2 Agricultural Wages Act 1952


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worked than the hourly amount of the minimum wage, then, as respects
any period beginning at or after that time, the Board shall be taken to
have made an order fixing in place of that minimum rate a minimum rate
such as to yield an amount of wages for each hour worked equal to the
hourly amount of the minimum wage.6

(11) Subsections (8) to (10) are without prejudice to the power of the Board to
make further orders under this section fixing any minimum rates.7

(12) Where an order under this section fixes any particular minimum rate of
wages by reference to two or more component rates, of which —
(a) one is the principal component, and
(b) the other or others are supplemental or additional components,
(as in a case where the minimum rate for night work is fixed as the sum
of the minimum rate payable in respect of work other than night work
and a supplemental or additional minimum rate in respect of working at
night) the minimum wage provisions of this section apply in relation to
the principal component rate and not the supplemental or additional
component rates.8

(13) The minimum wage provisions of this section do not apply in relation to
any minimum rate which is in the nature of an allowance payable in
respect of some particular responsibility or circumstance (as in a case
where a minimum rate is fixed in respect of being required to keep a
dog).9

(14) The minimum wage provisions of this section do not apply in relation to
any minimum rate fixed under this section by virtue of subsection (2)(d),
unless and to the extent that regulations under section 3 of the Minimum
Wage Act 2001 make provision which has the effect that circumstances or
periods in respect of which the minimum rate in question is required to
be paid to a worker are treated as circumstances in which, or times at
which, a person is to be regarded as working.10

(15) In this section ‘the minimum wage provisions of this section’ means
subsections (2B), (2C) and (8) to (10).11

2A Enforcement
12

(1) The enforcement provisions of the Minimum Wage Act 2001 shall have
effect for the purposes of this Act as they have effect for the purposes of
that Act, but with the modifications specified in subsections (3) and (4).
(2) In subsection (1) “the enforcement provisions of the Minimum Wage Act
2001” means the following provisions of that Act —
(a) sections 6 to 8 (records);
(b) section 10 (powers of officers);
(c) sections 13 and 15 to 18 (enforcement of right to minimum wage);
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(d) sections 19 and 20 (right not to suffer detriment);
(e) section 23 (burden of proof);
(f) sections 26 to 28 (offences);
(g) section 42 (superior employers); and
(h) section 43 (restriction on contracting-out).
(3) In the application of any provision of the Minimum Wage Act 2001 by
subsection (1) —
(a) any reference to that Act, other than a reference to a specific
provision of it, includes a reference to this Act;
(b) any reference to a worker (within the meaning of that Act) shall
be taken as a reference to a worker employed in agriculture
(within the meaning of this Act);
(c) any reference to a person (however described) who qualifies for
the minimum wage shall be taken as a reference to a worker
employed in agriculture;
(d) subject to paragraph (c), any reference to the minimum wage,
other than a reference to the hourly amount of the minimum
wage, shall be taken as a reference to the minimum rate applicable
under this Act;
(e) subject to paragraph (c), any reference to qualifying for the
minimum wage shall be taken as a reference to being entitled to
the minimum rate applicable under this Act;
(f) any reference to a pay reference period shall be disregarded.
(4) In the application of section 28 of the Minimum Wage Act 2001
(proceedings for offences) by subsection (1), any reference to the
Department shall be taken to include a reference to the Department of
Environment, Food and Agriculture.13

(5) In section 121 of the Employment Act 2006 (unfair dismissal: minimum
wage), in subsection (1)(c) —
(a) any reference to a person qualifying for the minimum wage
includes a reference to a person being or becoming entitled to a
minimum rate applicable under this Act; and
(b) any reference to a person qualifying for a particular rate of
minimum wage includes a reference to a person being or
becoming entitled to a particular minimum rate applicable under
this Act.14

3 Enforcement of holiday orders

[1942/8]
(1) Subject to the provisions of this Act, if an employer fails —
(a) and (b) [Repealed]15

Section 4 Agricultural Wages Act 1952


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(c) to allow to any such worker the holidays fixed by the order;
he shall be liable on summary conviction in respect of each offence to a
fine not exceeding £1,000.16

(2) [Repealed]17

(3) In any proceedings against a person under this section it shall lie with
him to prove that he has allowed the holidays fixed by the order.18

(4) [Repealed]19

4 Permits to incapacitated persons

[1942/3(6); 1942/8(8)]
(1) If, on an application in that behalf, the Board are satisfied that a worker
employed or desiring to be employed on time work to which a minimum
rate fixed under this Act is applicable, or on piece work to which a
minimum rate so fixed is applicable, is so affected by any physical injury
or mental deficiency, or any infirmity due to age or any other cause, that
he is incapable of earning that minimum time rate, the Board shall grant
to him a permit exempting, as from the date of the application or from a
later date specified in the permit, his employment from the provisions of
section 26(1) of the Minimum Wage Act 2001 as it applies for the purposes
of this Act (offence of refusing or wilfully neglecting to pay worker at
applicable rate), subject to such conditions as may be specified in the
permit, including, if the Board think fit, a condition as to the wages to be
paid to the worker, and, while the permit has effect, an employer shall
not be liable to any legal proceedings under that subsection, as it so
applies, for refusing or wilfully neglecting to pay to the worker wages at
a rate not less than the minimum rate if those conditions are complied
with.20

(1A) Every permit under subsection (1) (whenever granted) shall be deemed
to contain a condition that the worker to whom it is granted must at any
time be paid at a rate which —
(a) in the case of an hourly rate, is not less than the minimum wage in
force at that time; or
(b) in the case of a rate other than an hourly rate, is such as to yield
an amount of wages for each hour worked which is not less than
the hourly amount of the minimum wage in force at that time.21

(1B) The condition which a permit is deemed to contain by virtue of
subsection (1A) —
(a) overrides any other condition which the permit contains as to
payment of wages, to the extent that that other condition provides
for payment of wages at any time at a lower rate; but
(b) is without prejudice to any other condition which the permit
contains as to payment of wages, to the extent that that other
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condition provides for payment of wages at any time at a higher
rate.22

(2) If an application for a permit under subsection (1) is not disposed of
within twenty-one days after the day on which it is received, then the
employer of the worker to whom the application relates shall not be
liable to any legal proceedings under section 26(1) of the Minimum Wage
Act 2001, as it applies for the purposes of this Act, for refusing or wilfully
neglecting to pay to the worker wages at a rate not less than the
minimum rate during the interval between the expiration of the said
period and the date on which the application is ultimately disposed of.23

(3) Where the Board have granted a permit under subsection (1) of this
section and at any time thereafter it appears to the Board, whether on an
application under this subsection or otherwise, that the worker to whom
the permit relates is no longer so affected by any such incapacity as is
mentioned in the said subsection (1) as to be incapable of earning the
minimum rate in question, the Board shall revoke the permit.
(4) Where the Board have granted such a permit as aforesaid and it appears
to the Board, whether on an application under this subsection or
otherwise, that, by reason of any change in minimum rates of wages or in
the circumstances of the worker to whom the permit relates, it is
expedient to vary any condition specified in the permit, the Board may
direct that the condition shall be varied in such manner as may be
specified in the direction.
(5) Before revoking any permit or varying any condition under the
preceding provisions of this section, the Board shall serve on the worker
to whom the permit relates, and, in a case where the identity of his
employer is known to the Board, on his employer, notice of their
proposal so to do, and afford to the worker and the employer (where
such a notice as aforesaid is required to be served on him) an
opportunity of making representations to the Board, and no such
revocation or variation as aforesaid shall take effect until notice of the
revocation or variation has been served by the Board on the worker to
whom the permit relates and, in a case where the identity of his
employer is known to the Board, on his employer.
A notice under this subsection shall be duly served on a person if sent to
him by post in a registered letter.
(6) Where a permit granted to a worker under sub-section (1) of this section
contains a condition for the payment of wages to the worker at a rate not
less than the rate therein specified, the amount of wages that may be
recovered from an employer of the worker in pursuance of this Act shall,
as respects any period during which the permit had effect, be calculated
on the basis of the rate so specified instead of on the basis of the
minimum rate.
Section 5 Agricultural Wages Act 1952


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5 Provisions as to learners

[1948/6]
(1) Where a minimum rate of wages has been fixed under this Act for a
special class of workers defined by reference to the fact that they are in
receipt of instruction in agriculture, and the order fixing the rate
provides that this section shall have effect in relation thereto, the rate
shall not apply in relation to a worker unless there is in force a certificate
given by the Board that they approve the terms of his employment.
A certificate under this subsection may provide that it shall be deemed to
have been in force from such date not earlier than the making to the
Board of the application for the certificate as may be specified in the
certificate.
(2) The Board in granting an application for a certificate under the preceding
subsection may impose such conditions as appear to them requisite for
securing that the worker to whom the application relates shall receive
adequate instruction, and that the terms of his employment shall be in
other respects satisfactory, and if (whether on an application under this
subsection or otherwise) it appears to the Board that a condition imposed
under this subsection is not being complied with, or that the terms of the
worker’s employment are no longer satisfactory, they may revoke the
certificate.
(3) The Board may (whether on an application under this subsection or
otherwise) vary a condition imposed under the last preceding subsection.
(4) Before revoking a certificate or varying a condition under the preceding
provisions of this section, the Board shall serve on the worker to whom
the certificate relates and on his employer notice of their proposal so to
do, and afford to the worker and employer an opportunity of making
representations to the Board, and no such revocation or variation as
aforesaid shall take effect until notice of the revocation or variation has
been served by the Board on the worker to whom the certificate relates
and on his employer.
A notice under this subsection shall be duly served on a person if sent to
him by post in a registered letter.
(5) It shall not be lawful for the employer of a worker, being an apprentice
or learner, who is employed in agriculture, to receive directly or
indirectly from the worker, or on his behalf or on his account, a payment
by way of premium unless the payment is duly made in pursuance of an
agreement approved for the purposes of this subsection by the Board,
and the amount of a payment received in contravention of this
subsection shall be recoverable by the person by whom the payment was
made.
(6) If an employer acts in contravention of the last preceding subsection he
shall be liable on summary conviction in respect of each offence to a fine
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not exceeding £1,000, and in any proceedings against an employer under
this subsection the court shall, whether there is a conviction or not, order
the employer to repay any sum which the court finds to have been
received by way of premium in contravention of the last preceding
subsection.
(7) Nothing in the last preceding subsection shall be taken to exclude the
bringing, otherwise than in accordance with that subsection, of
proceedings for the recovery of an amount due under subsection (5) of
this section.
(8) The Department may by regulations made in accordance with the
provisions of this Act specify matters with respect to which the Board
must be satisfied before granting a certificate under subsection (1) of this
section or approving an agreement for the purposes of subsection (5)
thereof.24

6 Reckoning of benefits and advantages as payment of wages

[1942/3(2)]
(1) The Board shall have power by regulations made in accordance with the
provisions of this Act —
(a) to define the benefits or advantages (not being benefits or
advantages prohibited by law) which for the purposes of a
minimum rate of wages fixed under this Act may be reckoned as
payment of wages in lieu of payment in cash;
(b) to determine the value at which, for the purposes aforesaid, such
benefits or advantages may be so reckoned;
(c) to limit or prohibit the reckoning for the purposes aforesaid of
benefits or advantages as payment of wages in lieu of payments in
cash.25

(2) Subject to the provisions of any regulation under the preceding
subsection, the court may, in any proceedings under this Act, reckon as a
payment of wages such amount as in the opinion of the court represents
the value of any benefits or advantages (not being benefits or advantages
prohibited by law) received by a worker under the terms of his
employment.
(3) If the Board are satisfied, on an application in that behalf made by a
worker employed in agriculture or by his employer, that the value
determined by a regulation or direction made under this section for a
house or part of a house occupied as a separate dwelling by the worker
does not correspond with the true value thereof, the Board may, subject
to any limits imposed by the Department under any regulations made
under this section, direct that the value of the house or part of a house is
to be reckoned for the purposes of a minimum rate of wages fixed under
this Act at such different amount as may be specified in the direction.26

Section 7 Agricultural Wages Act 1952


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7 Power of Board to award additional wages for piece work in certain

cases

[1942/5]
(1) A worker employed in agriculture on piece work for which neither a
minimum piece rate nor a minimum time rate applicable in the case of
workers employed on piece work has been fixed, or any person
authorised by such a worker, may complain to the Board that the piece
rate of wages paid to the worker for that work is such a rate as would
yield in the circumstances of the case to an ordinary worker a less
amount of wages than the minimum rate for time work applicable in the
case of that worker and the Board may, on any such complaint, after
giving the employer an opportunity of making such representations as
he thinks desirable, direct that the employer shall pay to the worker such
additional sum by way of wages for any piece work done by him at that
piece rate at any time within fourteen days before the date of the
complaint, or at any time after the date of complaint and before the
decision of the Board thereon, as in their opinion represents the
difference between the amount which would have been paid if the work
had been done by an ordinary worker at the minimum rate for time work
and the amount actually received by the worker by whom or on whose
behalf the complaint is made.
(2) A sum directed under the preceding subsection to be paid by an
employer to a worker may be recovered by or on behalf of the worker
from the employer summarily as a civil debt.
8 Provisions as to applications, etc, to the Agricultural Wages Board

[1942/8(5)]
(1) The procedure to be followed on or in connection with applications and
complaints under any of the four last preceding sections to the Board
shall be such (if any) as may be prescribed.
(2) The Treasury may pay to persons attending as parties or witnesses
before the Board allowances by way of compensation for expenses
incurred and time lost by such persons in so attending, at such rate as it
may, with the approval of the Treasury determine.27

9 Criminal liability of agents and special defence open to employer

[1942/8(6)]
(1) Where an offence for which an employer is, under section three or
subsection (6) of section five of this Act liable to a fine, has in fact been
committed by some agent of the employer or other person, that agent or
other person shall be liable to be proceeded against for the offence in the
same manner as if he were the employer and either together with, or
before or after the conviction of, the employer, and shall be liable on
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conviction to the same punishment as that to which the employer is
liable.
(2) Where an employer who is charged with an offence under section three
or subsection (6) of section five of this Act proves to the satisfaction of
the court that he has used due diligence to secure compliance with the
relevant provisions of this Act, and that the offence was in fact
committed by his agent or some other person, without his knowledge,
consent or connivance, he shall, in the event of the conviction of that
agent or other person for the offence, be exempt from any conviction in
respect of the offence.
10 Avoidance of agreements in contravention of this Act, and saving for

other agreements, etc

[1942/8(10)]
(1) Any such agreement as the following shall be void, that is to say: —
(a) [Repealed]28

(b) an agreement as to holidays that is inconsistent with a direction of
the Board in that behalf, or for abstaining from exercising the right
to holidays conferred by any such direction.
(2) Nothing in this Act shall prejudice the operation of an agreement or
custom for the payment of wages at a rate higher than the minimum rate
fixed under this Act or an agreement or custom as to holidays that is not
inconsistent with a direction of the Board in that behalf.
Supplementary
11 Officers

[1942/10(3)]
(1) The Department may appoint a Secretary for the Board and may, subject
to the consent of the Treasury as to number, appoint such officers as they
think necessary for the purpose of investigating complaints and
otherwise securing the proper observance of this Act, and such Secretary
and officers shall receive such salaries or remuneration as the
Department with the approval of the Treasury determine.29

(2) Every officer appointed under this section shall be furnished by the
Department with a certificate of his employment, and when acting under
or exercising any power conferred upon him by this Act shall, if so
required, produce the certificate to any person or persons affected.30

(3) An officer so appointed shall have power —
(a) after giving reasonable notice, to require the production of and to
inspect and take copies of wages sheets or other records of wages
paid to workers employed in agriculture;
Section 11 Agricultural Wages Act 1952


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(b) to require any such worker, or the employer of any such worker,
or any agent of the employer, to give any information which it is
in his power to give with respect to the employment of the worker
or the wages paid to him.
(4) All fines for offences against the provisions of this Act may be recovered
at the suit of the Department or the Board or any officer of Police, and
when recovered shall be payable to the Treasury to the credit of the
general revenue of this Isle.31

(5) Where it appears to the Board —
(a) that a sum is due from an employer to a worker by reason of a
direction given under subsection (1) of section seven of this Act by
the Board for the payment of an additional sum by way of wages
for piece work; or32

(b) that a sum is due from an employer on account of the receipt of a
premium in contravention of subsection (5) of section five of this
Act;
the Board may institute, on behalf of or in the name of the worker, civil
proceedings before any competent court of jurisdiction for the recovery
of the sum in question, and in any such civil proceedings instituted by
the Board the court shall, if the Board is not a party to the proceedings,
have the same power to make an order for the payment of costs by or to
the Board as if they were a party to the proceedings.
(6) Nothing in the last preceding subsection shall be taken to exclude the
bringing otherwise than in accordance with that subsection of
proceedings for the recovery of any such sum as is therein mentioned.
(7) If any person —
(a) hinders or molests an officer acting in the exercise of his powers
under subsection (3) of this section; or
(b) refuses to produce any document or give any information which
an officer so acting lawfully requires him to produce or give; or
(c) produces or causes to be produced or knowingly allows to be
produced to an officer so acting any wages sheet, record or other
document which is false in a material particular, knowing the
document to be false; or
(d) furnishes to an officer so acting any information knowing it to be
false,
he shall be liable on summary conviction to a fine not exceeding £2,500 or
to imprisonment for a term not exceeding three months, or to both such
fine and such imprisonment.
(8) The powers conferred by subsections (3) and (4) are not exercisable in
any case where corresponding or similar powers conferred by any of the
enforcement provisions of the Minimum Wage Act 2001, as they have
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effect for the purposes of this Act, are exercisable by virtue of section 2A
of this Act.33

(9) In subsection (8), ‘the enforcement provisions of the Minimum Wage Act
2001’ has the same meaning as in section 2A(1).34

12 Annual reports

[1942/13]
The Department shall include in the annual report which they make to Tynwald
a report of their proceedings under this Act and of the proceedings of the Board,
and for that purpose the Board shall, before such date in every year as the
Department may fix, send to the Department a report of their proceedings
under this Act during the preceding year.35

13 Expenses

[1942/12]
Any expenses of the Treasury and the Department and any expenses of the
Board or of any committee thereof which are sanctioned by the Department or
the Board shall be defrayed out of moneys provided by Tynwald.36

14 Evidence of resolutions and orders

[1942/14]
In any legal proceedings the production of a document purporting to be a copy
of a resolution or order passed or made by the Department or the Board and to
be certified by the chairman or secretary of the Department or the Board as the
case may be, to be a true copy, shall be sufficient evidence of the order or
resolution and, in the case of an order, that any notices required to be given by
this Act in relation thereto have been duly given, and no proof shall be required
of the handwriting or official position of the person certifying the truth of the
copy.37

14A Information obtained by authorised officers

(1) This section applies to information which has been obtained by an
authorised officer (within the meaning of the Minimum Wage Act 2001)
acting for the purposes of that Act.
(2) This section does not apply to any information to the extent that the
information relates to —
(a) any failure to allow holidays directed to be allowed by an order
under section 3; or
(b) any terms and conditions of employment fixed by such an order
by virtue of section 3(1)(c).
Section 15 Agricultural Wages Act 1952


Page 18 AT 1 of 1952 c

(3) Information to which this section applies may, with the authority of the
Department of Economic Development, be supplied to the Department
for use for any purpose relating to this Act.38

(4) Information supplied under subsection (3) shall not be supplied by the
recipient to any other person or body unless —
(a) it could be supplied to that person or body under that subsection;
or
(b) it is supplied for the purposes of any civil or criminal proceedings
relating to this Act;
and shall not be supplied in those circumstances without the authority of
the Department of Economic Development.39

(5) This section does not limit the circumstances in which information may
be supplied or used apart from this section.40

15 Power to give effect to, and modify this Act as respects holidays and

holiday remuneration

The Board may make regulations for giving effect to the purposes of this Act so
far as it relates to holidays and minimum rates of wages by way of pay in
respect of holidays.41

16 Regulations

[1942/9(2)]
Any regulation made by the Department or the Board under this Act shall be
laid before Tynwald as soon as may be after they are made and shall not take
effect until approved by resolution of Tynwald.42

17 Interpretation

[1942/16]
(1) In this Act, unless the context otherwise requires, the following
expressions have the meanings hereby respectively assigned to them,
that is to say —
“agriculture
” includes dairy-farming, and the use of land as grazing, meadow
or pasture land or orchard or osier land or woodland or for market
gardens or nursery grounds or for purposes of horticulture;43

“Board of Agriculture
” [Repealed]44

“the Department
” means the Department of Environment, Food and
Agriculture;45

“employment
” means employment under a contract of service or
apprenticeship, and the expressions “employed
” and “employer
” shall
be construed accordingly;
Agricultural Wages Act 1952 Section 18


c AT 1 of 1952 Page 19

“the minimum wage
” means the single hourly rate for the time being in force
by virtue of regulations under section 1(3) of the Minimum Wage Act
2001, but this definition is subject to subsection (2);46

“prescribed
” means prescribed by regulations made by the Department;47

“worker
” includes a boy, woman and girl.
(2) [Repealed]48

(3) If, in the case of persons of any description, regulations under
section 4(2) of the Minimum Wage Act 2001 —
(a) prevent them being persons who (within the meaning of that Act)
qualify for the minimum wage, or
(b) prescribe a rate (‘the reduced rate’)for the minimum wage other
than the single hourly rate for the time being prescribed under
section 1(3) of that Act,
this Act shall have effect in relation to persons of that description as if in
a case falling within paragraph (a) the minimum wage were nil and in a
case falling within paragraph (b) the minimum wage were the reduced
rate.49

17A Relationship between this Act and the Minimum Wage Act 2001

(1) Except so far as expressly provided by this Act, nothing in the Minimum
Wage Act 2001 or in regulations made under that Act affects the operation
of this Act.
(2) This Act is subject to —
(a) section 40 of the Minimum Wage Act 2001; and
(b) section 41 of that Act and any regulations made under that
section.50

18 [Repealed]
51

19 Short title

This Act may be cited as the Agricultural Wages Act, 1952.
20 Commencement

This Act shall come into operation when the Royal Assent therto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys, but shall come into force
on such day as the Governor shall by order appoint.52

Agricultural Wages Act 1952 First Schedule



c AT 1 of 1952 Page 21

FIRST SCHEDULE

CONSTITUTION AND PROCEEDINGS OF AGRICULTURAL

WAGES BOARD

Section 1(2)
1. The Board shall consist of nine members, comprising three persons representing
employers in agriculture and three persons representing workers in agriculture (in this
Act referred to as representative members); of two impartial members appointed by
the Department, and of a Chairman.53

2. The three members of the Board representing employers shall be farmers
engaged in farming and employing labour other than members of their own family
and such members shall be elected under precept issued by the Department by the Isle
of Man Agricultural Marketing Society in accordance with regulations made for such
purposes by the Department. The Chairman of the Isle of Man Agricultural Marketing
Society shall certify to the Department the names and addresses of the persons elected
as members of the Board by such Society.
If the Isle of Man Agricultural Marketing Society fail to elect members of the Board the
Department shall select or cause to be selected three farmers actually carrying on
farming and employing labour other than members of their own family to be members
of the Board representing the employers.54

3. Each of the three members of the Board representing workers shall be an
employee actively and regularly employed in farming in the Isle of Man and shall be
elected in accordance with the following provisions, namely: —
(a) For the purposes of this Act the Isle of Man shall be divided into
three electoral districts namely:- the Sheadings of Ayre and Garff,
the Sheadings of Michael and Glenfaba, and the Sheadings of
Middle and Rushen.
(b) Each electoral district shall return and be represented by a
representative of full age whose name appears on the list of
electors prepared by the Department for such electoral district.55

(c) The Department shall in each year by notice served on the
occupier of agricultural land or on the person having the
management on behalf of the occupier of any such land require
him within such time, not being less than twenty-one days, as
may be specified in the notice, to make a return in writing to the
Board of the names and addresses of all agricultural employees
actively and regularly engaged on such agricultural land, on such
day as may be specified in the notice. Any notice may be served
on the person to whom it is addressed either personally or by
post, and, in the case of a notice to an occupier, may be addressed
First Schedule
Agricultural Wages Act 1952


Page 22 AT 1 of 1952 c

to ‘the occupier’ without naming him. Any person who refuses or,
without lawful excuse, neglects to make any such return under
the provisions of this Schedule, shall be liable on summary
conviction to a fine not exceeding £200. If any person makes any
such return which is to his knowledge false in any material
particular, he shall be liable on summary conviction to a fine not
exceeding £200.56

(d) From such returns the Department shall in each year cause to be
prepared for each of the electoral districts a list of electors
comprising the employees actively and regularly employed on
agricultural land in such electoral district, which list when
prepared shall supersede the previous list of electors, and the
persons whose names appear on such list of electors shall have
the right to vote at the election of the representative for that
electoral district.57

(e) After the completion of the list of electors for the respective
electoral districts the Department shall cause current copies of the
list of electors —
(i) for the electoral district of the Sheadings of Ayre and Garff
to be deposited with the Town Clerk of Ramsey;
(ii) for the electoral district of the Sheadings of Michael and
Glenfaba to be deposited with the Clerk to the Peel
Commissioners; and
(iii) for the electoral district of the Sheadings of Middle and
Rushen to be deposited with the Town Clerk of Douglas
and the Clerk to the Castletown Commissioners;
and such lists shall be open for public inspection and reference
during the hours when the Offices of the Town Clerks are open
for the transaction of public business for twelve week-days from
the date on which the same shall be deposited and public notice of
such deposit shall forthwith be given by the Department in two
successive issues of two or more newspapers printed and
circulating in the Isle of Man indicating the hours during which
such lists may be inspected.
Upon the expiration of such twelve week-days the said copies
shall be returned to the Secretary of the Department.
The said current lists of electors shall also be open for public
inspection and reference at the Office of the Department during
the hours when the Offices of the Department are open for the
transaction of public business.58

(f) The elections shall be conducted by the Department.59

(g) A candidate for the position of an elected member of the Board
shall be nominated in writing by not less than two persons
Agricultural Wages Act 1952 First Schedule



c AT 1 of 1952 Page 23

entitled to vote in respect of such candidate and such nomination
shall be delivered to the Office of the Department on or before five
p.m. on the date to be specified in a notice published in two Isle of
Man newspapers circulating in the electoral district.60

(h) If there are more than one valid nomination the member of the
Board shall be elected from among the persons nominated and the
election shall be conducted in accordance with paragraph (i)
hereof. If there is only one valid nomination the person so
nominated shall be deemed to be elected.
(i) The Department shall send to each elector a notice in writing
informing him of the election and of the persons nominated in
respect of which he has a right to vote, with directions as to the
method of voting and also a voting paper with the names and
addresses of the persons so nominated. Each elector may give one
vote and no more for the candidate he desires to be elected.
Postage on the return of the voting paper to the Department shall
be prepaid. No election shall be invalid by reason of such notice
or voting paper not having been sent to any elector or of any
technical defect therein unless the Department shall determine
that such omission or defect would be likely to materially affect
such election. The Department shall as soon as may be after the
date fixed for returning voting papers ascertain and give public
notice of the name and address of the person elected and shall file
in the Rolls Office a list of such elected persons.61

(j) All expenses incurred by the Department in connection with such
election shall be defrayed by the Treasury.62

4. The Chairman of the Board shall be appointed annually by the Board, but if the
Board at any time fail to appoint a Chairman within the prescribed time, the
appointment may be made by the Department. The Vice-Chairman of the Board shall
be appointed annually by the Board from among the members of the Board.63

5. At every meeting of the Board, the Chairman, if present, shall preside. If the
Chairman is absent, the Vice-Chairman, if present, shall preside. If both the Chairman
and the Vice-Chairman are absent, such member as the members then present choose,
shall preside.
6. At a meeting of the Board the Chairman, Vice-Chairman or other person
presiding at the meeting shall be entitled to vote, and in case of equality of votes shall
have a second or casting vote.
7. The Board may, in accordance with the regulations under this Schedule, appoint
one or more committees consisting of persons representing employers and persons
representing workers in agriculture in equal proportions, and of a Chairman, if the
Board think fit, and the Board may refer to any such committee for report and
recommendations any matter which they think it expedient so to refer, and may also, if
First Schedule
Agricultural Wages Act 1952


Page 24 AT 1 of 1952 c

they think fit, delegate to any such committee any of their powers and duties under
this Act other than a power or duty to fix, cancel, or vary minimum rates of wages, or
to direct that workers shall be entitled to be allowed holidays. The members of a
committee may, but need not be, members of the Board.
8. The representative members of the Board shall hold office for three years, but if
qualified shall be eligible for re-election. A casual vacancy in the Board shall be filled in
like manner as the person vacating his office was elected or nominated. A person
appointed a member of the Board on a casual vacancy shall only hold office for the
residue of the term of the person in whose place he has been elected or nominated. A
representative member of the Board upon ceasing to be actively engaged in farming in
the Isle of Man shall cease to hold office.64

9. The proceedings of the Board or a committee shall not be invalidated by any
vacancy in their number, or by any defect in the appointment, nomination or election
of the Chairman, Vice-Chairman, or any member of the Board or committee.
10. The Department may make regulations with respect to the proceedings and
meetings of the Board, and any committee thereof, including the appointment of
chairmen and the term of office of chairmen and other members, the method of voting,
and the number of members necessary to form a quorum, and any such regulations
may be made so as to apply generally to the procedure of the Board and all committees
or specially to the procedure of the Board or any particular committee; but, subject to
the provisions of this Schedule and to any regulations so made, the Board and
committees thereof may respectively regulate their proceedings in such manner as they
think fit.65



Agricultural Wages Act 1952 Second Schedule



c AT 1 of 1952 Page 25

SECOND SCHEDULE

ORDERS OF THE AGRICULTURAL WAGES BOARD

Section 2(6)
1. Where the Board propose to make an order under any provision of this Act, the
Board shall give in such manner as appears to the Board requisite for informing
persons concerned, public notice of the proposed order and of the manner in which
and the time (not being less than fourteen days from the date of the notice) within
which objections to the proposals may be lodged, and shall consider any objections to
the proposals which may be lodged in accordance with the notice.
2. After considering any such objections the Board may make an order in
accordance with their original proposals or with those proposals as modified in such
manner as appears to the Board expedient having regard to any objections lodged:
Provided that where it appears to the Board that, having regard to the nature of any
modifications which they propose to make in their original proposals, opportunity
should be given for the consideration thereof by persons concerned, the Board shall
again give notice under the preceding paragraph, and this paragraph shall apply
accordingly.
3. Notwithstanding anything in the foregoing paragraphs of this Schedule, where
the Board are satisfied that on the ground of the limited application of a proposed
order it is unnecessary to comply with the provisions of those paragraphs and certify
accordingly, the Board may, instead of complying with those provisions, give notice of
the proposed order in such manner as appears to the Board expedient in the
circumstances, and may make the order at any time after the expiration of seven days
from the giving of the notice.
4. As soon as may be after the Board have made an order under any provision of
this Act they shall give public notice of the making of the order and of the contents
thereof in such manner as appears to the Board requisite for informing persons
concerned.
5. An order of the Board under any provisions of this Act may apply either
universally to all workers employed in agriculture or to any special class of workers (as
defined in the order) so employed, subject in each case to any exceptions specified in
the order; and an order of the Board fixing or varying a minimum rate of wages so as
to secure that workers employed in agriculture receive remuneration calculated by
reference to periods during the currency of their employment may make alternative
provisions applying according to different circumstances arising during the currency
of a worker’s employment or in connection with the termination thereof.
6. Without prejudice to the provisions of this Act as to the cancellation and
variation of minimum rates of wages and directions as to holidays, an order of the
Second Schedule
Agricultural Wages Act 1952


Page 26 AT 1 of 1952 c

Board made under any provision of this Act may be varied or revoked by a subsequent
order made in the like manner and subject to the like conditions.


Agricultural Wages Act 1952 Third Schedule



c AT 1 of 1952 Page 27

THIRD SCHEDULE
66

Agricultural Wages Act 1952 Endnotes


c AT 1 of 1952 Page 29

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Ed.: There is no subs (2A). 2
Subs (2B) inserted by Minimum Wage Act 2001 Sch. 3
Subs (2C) inserted by Minimum Wage Act 2001 Sch. 4
Subs (8) added by Minimum Wage Act 2001 Sch. 5
Subs (9) added by Minimum Wage Act 2001 Sch. 6
Subs (10) added by Minimum Wage Act 2001 Sch. 7
Subs (11) added by Minimum Wage Act 2001 Sch. 8
Subs (12) added by Minimum Wage Act 2001 Sch. 9
Subs (13) added by Minimum Wage Act 2001 Sch. 10
Subs (14) added by Minimum Wage Act 2001 Sch. 11
Subs (15) added by Minimum Wage Act 2001 Sch. 12
S 2A inserted by Minimum Wage Act 2001 Sch. 13
Subs (4) amended by SD155/10 Sch 3. 14
Subs (5) amended by Employment Act 2006 Sch 8. 15
Paras (a) and (b) repealed by Minimum Wage Act 2001 Sch. 16
Subs (1) amended by Minimum Wage Act 2001 Sch. 17
Subs (2) repealed by Minimum Wage Act 2001 Sch. 18
Subs (3) amended by Minimum Wage Act 2001 Sch. 19
Subs (4) repealed by Minimum Wage Act 2001 Sch. 20
Subs (1) amended by Minimum Wage Act 2001 Sch. 21
Subs (1A) inserted by Minimum Wage Act 2001 Sch. 22
Subs (1B) inserted by Minimum Wage Act 2001 Sch. 23
Subs (2) amended by Minimum Wage Act 2001 Sch.
Endnotes Agricultural Wages Act 1952


Page 30 AT 1 of 1952 c

24
Subs (8) amended by GC121/86. 25
Subs (1) amended by Statute Law Revision Act 1989 Sch 1. 26
Subs (3) amended by GC121/86. 27
Subs (2) amended by Treasury Act 1985 s 7 and Sch 2. 28
Para (a) repealed by Minimum Wage Act 2001 Sch. 29
Subs (1) amended by Treasury Act 1985 Sch 2 and by GC121/86. 30
Subs (2) amended by GC121/86. 31
Subs (4) amended by Treasury Act 1985 Sch 2 and by GC121/86. 32
Para (a) amended by Minimum Wage Act 2001 Sch. 33
Subs (8) added by Minimum Wage Act 2001 Sch. 34
Subs (9) added by Minimum Wage Act 2001 Sch. 35
S 12 amended by GC121/86. 36
S 13 amended by Payment of Members’ Expenses Act 1975 Sch 6, by Governor’s
General Functions (Transfer) Act 1980 Sch 2, by Treasury Act 1985 Sch 2 and by
GC121/86. 37
S 14 amended by GC121/86. 38
Subs (3) amended by SD155/10 Sch 2. 39
Subs (4) amended by SD155/10 Sch 2. 40
S14A inserted by Minimum Wage Act 2001 Sch. 41
S 15 amended by Statute Law Revision Act 1989 Sch 1. 42
S 16 amended by GC121/86 and by Statute Law Revision Act 1989 Sch 1. 43
Definition of ‘agriculture’ amended by Statute Law Revision Act 1982 Sch 1. 44
Definition of ‘Board of Agriculture’ repealed by GC121/86. 45
Definition of ‘the Department’ inserted by GC121/86 and amended by SD155/10 Sch
3. 46
Definition of ‘the minimum wage’ inserted by Minimum Wage Act 2001 Sch. 47
Definition of ‘prescribed’ amended by GC121/86. 48
Ed.: There is no subs (2). 49
Subs (3) added by Minimum Wage Act 2001 Sch. 50
S 17A inserted by Minimum Wage Act 2001 Sch. 51
S 18 repealed by Statute Law Revision Act 1983 Sch 2. 52
ADO (whole Act) 21/5/1952 (GC72/52). 53
Para 1 amended by Transfer of Governor’s Functions Act 1992 Sch 1. 54
Para 2 amended by Transfer of Governor’s Functions Act 1992 Sch 1. 55
Subpara (b) amended by GC121/86. 56
Subpara (c) amended by GC121/86. 57
Subpara (d) amended by GC121/86. 58
Subpara (e) amended by GC121/86. 59
Subpara (f) amended by GC121/86. 60
Subpara (g) amended by GC121/86. 61
Subpara (i) amended by GC121/86. 62
Subpara (j) amended by GC121/86 and by Statute Law Revision Act 1989 Sch 1.
Agricultural Wages Act 1952 Endnotes


c AT 1 of 1952 Page 31

63
Para 4 amended by GC121/86. 64
Para 8 amended by Statute Law Revision Act 1989 Sch 2. 65
Para 10 amended by GC121/86. 66
Sch 3 repealed by Statute Law Revision Act 1983 Sch 2.