Shops (Conditions of Employment) Act, 1938

Amendment and revocation of rules fixing minimum rates of wages.

47.—(1) Any person may apply to the Minister to have any rules fixing minimum rates of wages which are in force amended in specified respects or revoked.

(2) Where an application is made to the Minister under sub-section (1) of this section the following provisions shall have effect, that is to say:—

(a) in case the Minister is satisfied that the applicant is a person representative of a substantial proportion of members of the staffs of shops or proprietors of shops to which the rules the subject of such application apply the Minister shall refer the application to the Board;

(b) in any other case the Minister may in his discretion either refer or refuse to refer the application to the Board.

(3) Where an application under this section in relation to any rules fixing minimum rates of wages which are in force, is referred to the Board, the following provisions shall have effect, that is to say:—

(a) the Board shall hold an investigation into such application but shall before commencing such investigation publish in some newspaper circulating in the area to which such rules apply a notice specifying their intention to hold such investigation and inviting interested parties to submit evidence and shall hear any evidence so submitted;

(b) if on the conclusion of such investigation the Board are of opinion that such rules should not be amended or revoked, the Board shall report to the Minister accordingly;

(c) if on the conclusion of such investigation the Board are of opinion that such rules should be amended or revoked the Board shall, subject to the provisions of this Act, make rules amending or revoking (as they think fit) such first-mentioned rules.