Agricultural Sector (Wales) Act 2014

Document Number:2014 anaw 6
 
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An Act of the National Assembly for Wales to make provision in relation to the agricultural sector in Wales; and for connected purposes.

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:-

Introduction

1 Overview

This Act makes provision for—

(a) the establishment of the Agricultural Advisory Panel for Wales,

(b) the making of orders which set the terms and conditions for persons employed in agriculture in Wales (“agricultural workers”) , and

(c) the enforcement of such terms and conditions.

Agricultural Advisory Panel for Wales

2 Agricultural Advisory Panel for Wales

(1) The Welsh Ministers must, by order, establish a panel to be known as the Agricultural Advisory Panel for Wales (“the Panel”) to carry out the functions listed in subsection (2).

(2) The functions are—

(a) promoting careers in agriculture;

(b) preparing agricultural wages orders in draft, consulting on such orders and submitting them to the Welsh Ministers for approval;

(c) advising the Welsh Ministers on such other matters relating to the agricultural sector in Wales as the Welsh Ministers may require;

(d) such other functions as the Welsh Ministers may specify in the order.

(3) The Panel is to consist of—

(a) a member to chair the Panel, and

(b) at least 3 , but not more than 10 , other members.

(4) In exercising any functions in relation to the membership of the Panel, the Welsh Ministers must seek to ensure that the membership—

(a) includes persons with the skills and expertise necessary to enable the Panel to perform its functions efficiently and effectively, and

(b) adequately reflects the interests of all parts of the agricultural sector.

(5) The Welsh Ministers may, by order, make provision—

(a) about the constitution and proceedings of the Panel;

(b) about the appointment of members to the Panel;

(c) about the general powers of the Panel;

(d) adding, amending or removing functions of the Panel.

(6) Before making an order under this section the Welsh Ministers must consult such persons as they consider appropriate.

Agricultural wages orders

3 Agricultural wages orders

(1) An agricultural wages order is an order making provision about the minimum rates of remuneration and other terms and conditions of employment for agricultural workers.

(2) An agricultural wages order may, in particular, include provision—

(a) specifying the minimum rates of remuneration to be paid to agricultural workers (including rates for periods when such workers are absent in consequence of sickness or injury);

(b) about any benefits or advantages which, for the purposes of a minimum rate of remuneration, may be reckoned as remuneration in lieu of payment in cash;

(c) requiring employers of agricultural workers to allow such workers to take such holidays and other leave as may be specified in the order.

(3) An agricultural wages order may specify different rates and make different provision for different descriptions of agricultural workers.

(4) An agricultural wages order may not include any provision about the pensions of agricultural workers.

(5) No minimum rate of remuneration may be specified in an order under this section which is less than the national minimum wage.

4 Agricultural wages orders: powers of the Welsh Ministers

(1) The Welsh Ministers may, after receiving a draft agricultural wages order from the Panel—

(a) approve and make the order, or

(b) refer the order back to the Panel for further consideration and resubmission.

(2) The Welsh Ministers may, of their own initiative, make agricultural wages orders until such time as the Panel is established.

(3) Before making an agricultural wages order under subsection (2) , the Welsh Ministers must consult such persons or bodies as they consider are likely to have an interest in the order.

(4) The Welsh Ministers may, by regulations, make further provision about agricultural wages orders including, in particular, provision—

(a) about the form and content of an order, and

(b) about the procedure to be followed and consultation to be carried out in relation to an order.

Enforcement

5 Enforcement of minimum rates

(1) The enforcement provisions of the 1998 Act listed in subsection (2) are to have effect for the purposes of this Act as they have effect for the purposes of that Act (except so far as they relate to Northern Ireland or Scotland) , but with the modifications specified in subsections (3) to (7) of this section.

(2) The enforcement provisions are—

(a) sections 10 and 11 (records);

(b) section 14 (powers of officers);

(c) section 17 (entitlement of worker to additional remuneration) , except for subsection (3);

(d) section 19 (notices of underpayment: arrears);

(e) section 19 C (notices of underpayment: appeals) , except for subsections...

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