Apprenticeship Act , 1959

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Apprenticeship Act, 1959.

2 Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“An Chomhairle” has the meaning specified in subsection (1) of section 8 of this Act;

“apprenticeship committee” means a committee established by an order under section 22 of this Act;

“apprenticeship district” means an area which is an apprenticeship district under an order under section 22 of this Act;

“authorised officer” means a person appointed by the Minister to be an authorised officer for the purposes of this Act;

“designated trade” means a trade which is for the time being declared by an order under section 21 of this Act to be a designated trade for the purposes of this Act and references to the carrying on of a designated trade and to employment by way of apprenticeship in a designated trade shall, in the case of a trade which is a designated trade in part only of the State, be construed, respectively, as referring to the carrying on of the trade and to employment by way of apprenticeship in the trade in that part of the State;

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 3 of this Act;

“functions” includes powers and duties;

“the Minister” means the Minister for Industry and Commerce;

“prescribed” means prescribed by rules made by An Chomhairle under this Act;

“supervisor” means a person appointed under section 53 of this Act to be a supervisor for the purposes of this Act;

“trade” means any industry, occupation or business, and also includes any distinct branch of a trade, but does not include agriculture, horticulture, the making of butter, cheese or other dairy products or professional or clerical occupations.

(2) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of those powers.

3 Establishment day.

3.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

4 Application where apprentices employed by the State.

4.—This Act applies where persons are employed by way of apprenticeship by or under the State.

5 Rules (prescribed matters).

5.—An Chomhairle may make rules in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

6 Expenses of Ministers.

6.—Any expenses incurred by the Minister and the Minister for Education in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

7 Repeal.

7.—(1) The Apprenticeship Act, 1931, is hereby repealed.

(2) Subsection (1) of this section shall come into operation on the appointed day.

(3) Between the passing of this Act and the appointed day, no order shall be made under paragraph (a) of subsection (1) of section 2 of the Apprenticeship Act, 1931.

(4) In this section “the appointed day” means the day appointed by order made by the Minister to be the appointed day for the purposes of this section.

PART II. An Cheard-Chomhairle.

8 Establishment of An Cheard-Chomhairle.

8.—(1) On the establishment day there shall be established a body to be known as An Cheard-Chomhairle (in this Act referred to as An Chomhairle) to perform the functions assigned to it by this Act.

(2) An Chomhairle shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

9 Membership.

9.—An Chomhairle shall consist of a chairman and thirteen ordinary members.

10 Chairman.

10.—(1) The chairman of An Chomhairle shall be appointed by the Minister and shall, unless he sooner dies, resigns, becomes disqualified or is removed, hold office for such period as the Minister may fix at the time of his appointment.

(2) The chairman of An Chomhairle shall be known as the Director of Apprenticeship and shall be a whole-time member of An Chomhairle.

(3) The chairman of An Chomhairle may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

(4) The Minister may at any time remove the chairman of An Chomhairle from office.

(5) Where the chairman of An Chomhairle becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be the chairman of An Chomhairle.

(6) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being the chairman of An Chomhairle.

(7) The chairman of An Chomhairle shall be paid such remuneration as the Minister, with the consent of the Minister for Finance, determines.

(8) The chairman of An Chomhairle shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, determines.

11 Appointment, term of office, etc., of ordinary members.

11.—(1) Of the ordinary members of An Chomhairle, five shall be workers' members, five shall be employers' members and three shall be educational members.

(2) The Minister shall, in respect of each workers' member, designate an organisation representative of trade unions of workers to nominate a person for appointment as a workers' member of An Chomhairle and the Minister shall appoint the person so nominated to be a workers' member of An Chomhairle.

(3) The Minister shall invite organisations representative of employers to nominate persons for appointment as employers' members of An Chomhairle and the Minister shall appoint five of the persons so nominated to be the employers' members of An Chomhairle.

(4) The Minister shall, after consultation with the Minister for Education, appoint three persons whom he considers to be representative of educational interests to be the educational members of An Chomhairle.

(5) Each ordinary member of An Chomhairle shall, unless he sooner dies resigns, becomes disqualified or is removed, hold office for a period of five years.

(6) An ordinary member of An Chomhairle whose term of office expires by effluxion of time shall be eligible for re-appointment.

(7) The Minister may at any time remove an ordinary member of An Chomhairle from office.

(8) An ordinary member of An Chomhairle may resign his office as member by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

(9) An ordinary member of An Chomhairle shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

(10) Each ordinary member shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

12 Casual vacancies.

12.—(1) Where a casual vacancy occurs among the workers' members of An Chomhairle, the Minister shall designate an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy and the Minister shall appoint the person so nominated to fill the vacancy.

(2) Where a casual vacancy occurs among the employers' members of An Chomhairle, the Minister shall invite organisations representative of employers to nominate persons for appointment to fill the vacancy and the Minister shall appoint a person from among the persons so nominated to fill the vacancy.

(3) Where a casual vacancy occurs among the educational members of An Chomhairle, the Minister shall, after consultation with the Minister for Education, appoint a person whom he considers to be representative of educational interests to fill the vacancy.

(4) A person appointed under this section shall hold office for the remainder of his predecessor's term.

13 Meetings and procedure.

13.—(1) An Chomhairle shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister may fix the date, time and place of the first meeting of An Chomhairle.

(3) The quorum for a meeting of An Chomhairle shall be five members (being members who are entitled to vote at the meeting).

(4) At a meeting of An Chomhairle—

(a) the chairman of An Chomhairle shall, if present, be chairman of the meeting,

(b) if and so long as the chairman of An Chomhairle is not present or if the office of chairman is vacant, the members of An Chomhairle who are present shall choose one of their number to be chairman of the meeting.

(5) The chairman of An Chomhairle and each workers' member and each employers' member of An Chomhairle at a meeting thereof shall have a vote.

(6) An educational member of An Chomhairle at a meeting thereof shall not, except where such member is chairman of the meeting, have a vote.

(7) If, at any meeting of An Chomhairle, the group of workers' members does not equal in number the group of employers' members present—

(a) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,

(b) if no such arrangement is made, the chairman of An Chomhairle or, in his absence, the person who is chairman of the meeting, may adjourn the voting on any question to another meeting of An Chomhairle.

(8) Every question at a meeting of An Chomhairle shall, subject to subsection (4) of section 57 of this Act, be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(9) An Chomhairle may act notwithstanding one or more than one vacancy among its members.

(10) Subject to the provisions of this Act, An Chomhairle shall regulate, by standing orders or otherwise, the procedure and business of An Chomhairle.

14 Officers and servants.

14.—(1) The Minister, with the consent of the Minister for Finance, may appoint such officers and servants as he thinks necessary to assist An Chomhairle in the performance of its functions,

(2) The officers and servants so appointed shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

15 Application of Superannuation Acts, 1834 to 1956, to service in the office of chairman.

15.—(1) Service by a person in the office of chairman of An Chomhairle, excluding any service rendered by him after the expiry of three months from the date on which he reaches the age of sixty-five years, shall be deemed for the purposes of the Superannuation Acts, 1834 to 1956, to be established service in the civil service, and the Superannuation Act, 1956, shall apply to or in respect of the chairman of An Chomhairle in like manner as that Act applies to or in respect of an established civil servant.

(2) The provisions of subsection (1) of section 6 of the Superannuation Act, 1909, shall apply to a person who was appointed chairman of An Chomhairle and who ceases to be chairman by operation of law or by reason of his removal from office, other than for stated misconduct or incapacity, or the expiration of his period of office.

(3) (a) Section 67 of the Local Government (Superannuation) Act, 1956, shall have effect in relation to a pensionable officer of a local authority who is appointed chairman of An Chomhairle in like manner as if he were appointed to an established position in the civil service.

(b) In paragraph (a) of this subsection “pensionable officer of a local authority” has the meaning assigned to that expression by section 2 of the Local Government (Superannuation) Act, 1956.

16 Seal.

16.—(1) An Chomhairle shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of An Chomhairle shall be authenticated by the signature of the chairman of An Chomhairle or some other member thereof authorised by An Chomhairle to act in that behalf and the signature of an officer of An Chomhairle authorised by An Chomhairle to act in that behalf.

(3) Judicial notice shall be taken of the seal of An Chomhairle, and every document purporting to be an instrument made by An Chomhairle and to be sealed with the seal (purporting to be authenticated in accordance with this section) of An Chomhairle shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

17 Accounts and audits.

17.—(1) An Chomhairle shall keep, in such form as may be approved by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually by An Chomhairle to the Comptroller and Auditor General for audit at such times as the Minister, with the concurrence of the Minister for Finance, directs.

(3) Immediately after audit under this section of the accounts of An Chomhairle, an abstract of the accounts, certified by the Comptroller and Auditor General, and a copy of the Comptroller and Auditor General's report shall be presented to the Minister.

(4) The Minister shall cause copies of the documents referred to in subsection (3) of this section to be laid before each House of the Oireachtas.

18 Annual report.

18.—An Chomhairle shall, in each year, at such date as the Minister may direct, make a report to the Minister of its proceedings under this Act during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

19 Grants.

19.—In each financial year there may be paid to An Chomhairle, out of moneys provided by the Oireachtas, a grant of such amount as the Minister, with the concurrence of the Minister for Finance, may sanction towards the expenses of An Chomhairle in the performance of its functions.

PART III. Designated Trades, Apprenticeship Districts and Apprentice-ship Committees.

20 Examination of methods for recruitment and training.

20.—(1) An Chomhairle may carry out an examination of the methods used in any trade for the recruitment and training of apprentices.

(2) When carrying out an examination of the methods used in a trade for the recruitment and training of apprentices, An Chomhairle may, by notice in writing served on any person who recruits and trains apprentices in the trade, or who, either alone or with others, manages or controls such recruitment and training, require the person to furnish to An Chomhairle within a specified period any specified information or documents, being information or documents which An Chomhairle reasonably believes to be necessary for the purposes of the examination and to be in the possession of the person.

(3) Before carrying out an examination under this section, An Chomhairle shall, in such manner as it thinks fit, give such notice as it considers reasonable of its intention to carry out the examination and inviting persons interested to make submissions in writing to An Chomhairle in relation to the recruitment and training of apprentices in the trade which is proposed to be examined.

21 Designated trades.

21.—(1) On completion of an examination under section 20 of this Act of the methods used in a trade for the recruitment and training of apprentices, An Chomhairle may, if it so thinks proper, by order declare the trade to be a designated trade for the purposes of this Act either throughout the State or in any specified part of the State.

(2) In the case of a trade in respect of which, immediately before the passing of this Act, an order under section 2 of the Apprenticeship Act, 1931, was in force, An Chomhairle may, without carrying out an examination under section 20 of this Act, by order declare the trade to be a designated trade for the purposes of this Act either (in conformity with the first-mentioned order) throughout the State or in any specified part of the State.

(3) An Chomhairle may by order revoke or amend an order under this section (including an order under this subsection).

(4) Where An Chomhairle, having completed an examination under section 20 of this Act of the methods which, pursuant to any agreement, scheme or arrangement, are used in a trade for the recruitment and training of apprentices, is of opinion that, instead of making an order under this section, it would be sufficient if the agreement, scheme or arrangement were modified—

(a) An Chomhairle may inform the persons entitled to modify the agreement, scheme or arrangement that, if it is modified in specified respects within a specified period, an order will not be made under this section by reference to that examination, and

(b) if it is so modified, an order shall not be so made.

(5) Where an agreement, scheme or arrangement is modified as provided for in subsection (4) of this section and the persons entitled to do so at any time propose to modify further the agreement scheme or arrangement, those persons shall, before making such further modification, inform An Chomhairle of the nature of the proposed modification.

(6) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.

22 Apprenticeship districts and apprenticeship committees.

22.—(1) Where An Chomhairle makes an order under section 21 of this Act declaring a trade to be a designated trade in an area, An Chomhairle shall by another order forthwith—

(a) either constitute the area to be an apprenticeship district for the purposes of the trade or divide the area into two or more apprenticeship districts for the purposes of the trade, and

(b) with respect to such district or each of such districts, establish, unless An Chomhairle considers that it would be impracticable to do so, an apprenticeship committee for the district to perform the functions assigned to an apprenticeship committee by this Act.