Industrial Training Act , 1967

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Industrial Training Act, 1967.

2. Interpretation.

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

“the Act of 1959” means the Apprenticeship Act, 1959 (repealed by this Act);

F1[“activity of industry”includes any activity of commerce or of a trade or occupation, and also includes any activity of a distinct branch of an industry, of commerce or of a trade or occupation;]

“An Cheard Chomhairle” means the body established by section 8 of the Act of 1959;

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

“apprentice” means a person employed by way of apprenticeship in a designated industrial activity and includes any person to whom regulations under section 28 of this Act apply;

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

“designated industrial activity” means an activity of industry which is for the time being declared by an order under section 23 of this Act to be a designated industrial activity;

“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;

“industrial training committee” means a body which is an industrial training committee under an order under section 24 of this Act;

“functions” includes powers and duties;

“the Minister” means the Minister for Labour;

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

(2)Except in subsection (2) of section 11 and subsection (1) of section 13 of this Act, any reference in this Act to the Chief Officer includes a reference to a chairman of An Chomhairle who is acting as Chief Officer.

(3)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 in relation to employment by the State.

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

(2)Section 41 of this Act applies when the employer is 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 Minister.

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. Repeals.

7.—(1)The Act of 1959 is hereby repealed.

(2)Section 7 of the Undeveloped Areas Act, 1952, section 5 of the Industrial Grants (Amendment) Act, 1963, and in subsection (2) of section 9 of the Shannon Free Airport Development Company Limited Act, 1959, the words “industrial or,” are hereby repealed.

(3)Subsection (1) of this section shall come into operation on the establishment day.

(4)Subsection (2) of this section shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to a particular provision, and different days may be fixed for different provisions of the said subsection.

PART II An Chomhairle Oiliúna

8. Establishment of An Chomhairle Oiliúna.

8.—

9. Functions of An Chomhairle.

9.—

10. Chairman’s Superannuation scheme.

10.—

11. Chief Officer.

11.—

12. Officers and servants (other than Chief Officer) of An Chomhairle.

12.—

13. Superannuation of officers and servants of An Chomhairle.

13.—

14. Accounts and Audits.

14.—

15. Annual Report, etc.

15.—

16. Grants to, and investment of moneys by, An Chomhairle.

16.—

17. Power of An Chomhairle to borrow temporarily.

17.—

18. Gifts.

18.—

PART III Industrial Training

Chapter I

19. Grants and loans for provision of certain courses and facilities.

19.—(1)Subject to subsection (2) of this section An Chomhairle may, out of moneys at its disposal and subject to such terms and conditions as it thinks fit, make grants or loans to persons providing courses or other training facilities approved by An Chomhairle.

(2)A grant under this section shall not exceed the amount which the Minister shall, with the consent of the Minister for Finance, specify for the purposes of this section from time to time and different amounts may be so specified in relation to different courses and different facilities.

(3)F13[…]

20. Grants for training of workers in certain undertakings.

20.—(1)Subject to subsection (2) of this section An Chomhairle may, out of moneys at its disposal and subject to such terms and conditions as it thinks fit, make grants for the training, either in the State or elsewhere, of workers for the purpose of an industrial undertaking, if An Chomhairle is satisfied that—

(a)financial assistance is necessary to ensure the establishment of the undertaking, and

(b)the undertaking is of a reasonably permanent nature and will be carried on efficiently.

(2)(a)A grant under this section shall not exceed the amount which the Minister shall, with the consent of the Minister for Finance, specify for the purposes of this section from time to time and particular amounts may be so specified in relation to industrial undertakings of a particular class.

(b)A grant under this section for the training of workers in a skilled process of an industrial undertaking in an undeveloped area shall be made neither before the coming into effect of the repeal by this Act of section 7 of the Undeveloped Areas Act, 1952, nor in relation to workers in respect of whose training in the process a grant was made under the said section 7.

(c)A grant under this section for the training of workers in a skilled process of an industrial undertaking in an area other than an undeveloped area shall be made neither before the coming into effect of the repeal by this Act of section 5 of the Industrial Grants (Amendment) Act, 1963, nor in relation to workers in respect of whose training in the process a grant was made under the said section 5.

(d)A grant under this section for the training of workers for the purpose of an industrial undertaking at the airport shall be made neither before the coming into effect of the amendment by this Act of subsection (2) of section 9 of the Shannon Free Airport Development Company Limited Act, 1959, nor in relation to workers in respect of whose training for the purpose of the undertaking a grant was made by the Shannon Free Airport Development Company Limited.

(3)This section shall come into operation on such day as may be fixed therefor by order of the Minister.

(4)After the coming into effect of the amendment mentioned in paragraph (d) of subsection (2) of this section, the Shannon Free Airport Development Company Limited shall not make a grant for the training of workers for the purpose of an industrial undertaking at the airport.

(5)In this section—

“airport” has the same meaning as in section 1 of the Shannon Free Airport Development Company Limited Act, 1959;

“industrial undertaking” includes an undertaking in existence at the passing of this Act;

“undeveloped area” means an area to which the Undeveloped Areas Acts, 1952 to 1963, apply.

21. Levies.

21.—

22. Appeal tribunals.

22.—(1)The Minister shall make regulations providing for the establishment of a tribunal or tribunals to determine appeals by employers assessed to any levy imposed under this Act and such regulations may include—

(a)provision as to the procedure to be followed on such an appeal;

(b)provision for summoning persons to attend and give evidence and produce documents; and

(c)provision for authorising the administration of oaths to witnesses.

(2)If, on an appeal, the appellant satisfies a tribunal established in accordance with regulations under this section that he ought not to have been assessed to the levy or ought to have been assessed in a smaller amount, the tribunal shall rescind, or as the case may be, reduce the assessment, but in any other case shall confirm it, and any decision of the tribunal shall be final.

(3)A person who is a member of a tribunal established in accordance with regulations under this section shall be paid, out of moneys provided by the Oireachtas, such fee for attendance at meetings of the tribunal and such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, determines.

(4)Every regulation made 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 regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Chapter II

23. Designated industrial activities.

23.—(1)For the purpose of making better provision for the training of persons employed or intending to be employed in any activity of industry An Chomhairle may make an order (in this Act referred to as an Industrial Training Order) declaring the activity to be a designated industrial activity for the purposes of this Act.

(2)Before making an industrial training order An Chomhairle shall make such inquiries as it thinks proper and consult any organisation or association of organisations appearing to it to be representative of substantial numbers of employers in the activity and any organisation or association of organisations appearing to it to be representative of substantial numbers of persons employed in the activity F15[and where the activity of industry relates to a regulated profession, the appropriate competent authority or authorities in the State shall be consulted.]

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

(4)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 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 thereunder.

24. Industrial training committees.

24.—

25. Joint industrial training committees.

25.—

26. Power to obtain information from employers.

26.—An Chomhairle may by notice in writing served on any person who is an employer in a designated industrial activity, require the person—

(a)to furnish to An Chomhairle within a specified period such specified returns or other specified information,

(b)to keep and produce for examination on behalf of An Chomhairle such records of a specified kind,

as appear to An Chomhairle to be necessary for performing its functions.

Chapter III

27. Apprentices.

27.—(1)Where An Chomhairle makes an industrial training order, An Chomhairle may, in relation to the employment in the relevant designated industrial activity of apprentices of a particular class, make all or any one or more of the following:

(a)rules specifying the minimum age at which a person may commence to be so employed;

(b)rules in relation to the educational or other qualifications as to suitability to be possessed by persons entering the said employment as such apprentices;

(c)rules in relation to the circumstances under which such an apprentice may be dismissed or suspended from employment;

(d)rules in relation to the period of training (including any probationary period) to be undergone by a person employed in the activity as such an apprentice;

(e)rules requiring employers in the activity to ensure the training and instruction in a specified manner of persons whom they employ in the activity as such apprentices;

(f)rules prohibiting persons carrying on such activity from taking any premium, fee or other consideration in respect of the employment by them in the activity of any person as such an apprentice;

(g)rules specifying the form of the contract to be used when a person is taken into employment in the activity as such an apprentice;

(h)rules requiring persons employed in the activity as such apprentices to keep records, in such form as shall be indicated in the rules, in relation to their employment.

(2)F18[…]

(3)Before making rules under paragraph (b) of subsection (1) of this section An Chomhairle shall consult with the Minister for Education.

(4)Rules under this section may require an employer who employs an apprentice of a class specified in the rules in an employment to which the rules relate to post and keep posted, in accordance with section 44 of this Act, printed copies of the rules or printed abstracts thereof approved by An Chomhairle.

(5)Where rules under paragraph (a), (b), (c), (d) or (g) of subsection (1) of this section are for the time being in force the following provisions shall have effect:

(a)in the case of rules under the said paragraph (a)—a person shall not take into his employment as an apprentice of a class specified in the rules in an employment to which the rules relate a person unless that person has reached the age specified in the rules;

(b)in the case of rules under the said paragraph (b)—a person shall not take into his employment as an apprentice of a class specified in the rules in an employment to which the rules relate a person unless that person possesses the qualifications specified in the rules;

(c)in the case of rules under the said paragraph (c)—a person shall neither dismiss nor suspend a person employed by him as an apprentice of a class specified in the rules in an employment to which the rules relate save in accordance with the rules;

(d)in the case of rules made under the said paragraph (d)—a person who is employed as an apprentice of a class specified in the rules in an employment to which the rules relate shall, notwithstanding any agreement to the contrary, be deemed to be employed under an agreement signed by the person and his employer whereby the employer agrees to employ the person, and the person agrees to serve the employer, for the period of training specified in the rules, but An Chomhairle may, if it so thinks fit, release both parties from their respective obligations under the agreement implied by this paragraph or modify such agreement or, with the consent of—

(i)in case the person has attained the age of eighteen years—the person, and

(ii)in case the person has not attained the age of eighteen years—the parent (if any) of the person,

transfer the benefits and obligations of the employer under such agreement to another employer engaged in the relevant designated industrial activity;

(e)in the case of rules under the said paragraph (g)—a person shall not take into his employment as an apprentice of a class specified in the rules in an employment to which the rules relate a person unless the contract is in the form specified in the rules.

(6)In subsection (5) of this section “parent”, in relation to a person employed as an apprentice of a class specified in rules under paragraph (d) of subsection (1) of this section in an employment to which the rules relate and who has not attained the age of eighteen years, means the individual having the legal custody of the person and where, owing to the absence of that individual or for any other reason, the person is not living with or in the actual custody of that individual, includes the individual with whom the person is living or in whose actual custody the person is.

28. Certain persons may be declared to be apprentices for the purposes of Act.

28.—An Chomhairle may by regulations under this section declare that every person employed in a particular manner in a designated industrial activity by a particular employer shall be deemed to be an apprentice for the purposes of this Act.

29. Notice of intention to make rules.

29.—(1)Before making rules under section 27 of this Act, An Chomhairle shall publish notice in at least two daily newspapers published in the State stating that it is intended to make such rules, the nature of the proposed rules, that copies thereof shall be made available, on request, to interested persons and the time, manner and place in which objections and representations in relation to the proposed rules may be made.

(2)An Chomhairle shall, before making rules under the said section 27, consider any objections or representations received, in accordance with a notice under subsection (1) of this section, in relation to the proposed rules.

30. Publication of notice of making of rules.

30.—An Chomhairle shall, as soon as may be after making rules under section 27 of this Act, publish a notice in Iris Oifigiúil and in at least two daily newspapers published in the State stating that such rules have been made and the place where copies of the rules may be purchased at a price (which shall be of such reasonable amount as An Chomhairle determines) specified in the notice.

31. Taking of persons into employment by way of apprenticeship.

31.—(1)A person who carries on—

(a)a designated industrial activity, or

(b)a trade which stands specified for the time being in an order under section 21 of the Act of 1959,

shall not take into his employment by way of apprenticeship in the activity or the trade any person save with the consent of An Chomhairle.

(2)Where rules under paragraph (a) or (b) of subsection (1) of section 27 of this Act are for the time being in force, An Chomhairle shall not give its consent under subsection (1) of this section unless it is satisfied that the requirements of the rules have, as respects the relevant employment, been complied with.

32. Education of apprentices.

32.—(1)An Chomhairle may, with the consent of the Minister for Education, make arrangements for the provision by F19[an education and training board] of courses of instruction in the nature of technical education of a type which An Chomhairle and F19[the education and training board] agree is suitable for persons employed by way of apprenticeship in a designated industrial activity.