Employment And Training Act 1973

The Manpower Services Commission and the Employment Service and Training Services Agencies

Establishment of the Commission and Agencies

1

Functions of the Commission and Agencies

2

• (1) The Secretary of State shall make such arrangements as he considers appropriate for the purpose of assisting persons to select, train for, obtain and retain employment suitable for their ages and capacities or of assisting persons to obtain suitable employees (including partners and other business associates).

• (2) Arrangements under this section may—

• (a) include arrangements for providing temporary employment for persons in Great Britain who are without employment;

• (b) include arrangements for encouraging increases in the opportunities for employment and training that are available to women and girls or to disabled persons;

• (c) subject to the restriction of paragraph (a) of this subsection to persons in Great Britain, be made in respect of employment and training anywhere in the United Kingdom or elsewhere;

• (d) include provision for the making of payments by the Secretary of State, by way of grant or loan or otherwise, to persons who provide facilities in pursuance of the arrangements, to persons who use those facilities and to other persons specified in or determined under the arrangements;

• (e) include provision for the making of payments to the Secretary of State by other parties to the arrangements and by persons who use those facilities;

• (f) include arrangements for securing that assistance in relation to the matters mentioned in subsection (1) of this section is provided by persons other than the Secretary of State.

• (3) The payments for which arrangements under this section may provide—

• (a) shall include the payment to a person by the Secretary of State of an allowance pending a time when payments will be or may be made to that person in respect of his use of facilities which will be or may be made available to him under any such arrangements;

• (b) shall not include the payment of any such allowance to a person—

• (i) for any period after that person has attained the age of eighteen years; or

• (ii) for any period for which child benefit is payable in respect of that person;

and

• (c) shall not include any payment by any person to the Secretary of State, other than a payment for publications issued in pursuance of the arrangements, in respect of the seeking or obtaining for that person of any employment under a contract of service or apprenticeship.

• (3A) Without prejudice to subsection (2)(f) of this section, the Secretary of State may wholly or partly perform his duty under subsection (1) of this section in relation to Scotland by authorising or directing Scottish Enterprise or Highlands and Islands Enterprise to act on his behalf—

• (a) in the making of arrangements under this section in such cases or for such purposes as may be specified in or determined under the authorisation or direction;

• (b) in the taking of such steps for the purposes of, or in connection with, the carrying out of any arrangements under this section (including any made otherwise than by Scottish Enterprise or Highlands and Islands Enterprise) as may be so specified or determined,

and the power under this subsection to give authorisations or directions shall include power to revoke or vary any authorisation or direction so given.

• (3B) Where Scottish Enterprise or Highlands and Islands Enterprise make arrangements under this section in pursuance of an authorisation or direction made by the Secretary of State under subsection (3A)(a) above, they shall, at such times as the Secretary of State may require, report to him what provision, if any, they have included in those arrangements in relation to disabled persons.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) No payments shall be made by or on behalf of the Secretary of State by virtue of any power conferred by this section, other than payments under section 11(3) or 12(4) of this Act, unless the Treasury have approved—

• (a) the amounts of the payments or the manner of determining those amounts; and

• (b) the terms on which they are made or the manner of determining those terms.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of the Commission by Secretary of State

3

Obtaining and disclosure of information by the Commission and Agencies etc.

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Nothing in section 9 of Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the disclosure by the Secretary of State or the Chancellor of the Exchequer to a board of relevant information;

• (d) the disclosure by either of the Agencies to the Commission or the other Agency or a board of relevant information which is of a kind specified in a notice in writing given to the disclosing Agency and the recipient of the information by the Secretary of State or the Chancellor of the Exchequer in pursuance of this paragraph;

• (e) the disclosure by the Secretary of State or the Chancellor of the Exchequer, . . . the Commission or either of the Agencies of relevant information, consisting of the name and address of any establishment, the numbers of persons of different descriptions employed there and the nature of the activities carried on there, to

• (i) any person who is or is to be engaged in the carrying out on behalf of the Secretary of State or the Chancellor of the Exchequer . . . of any research or survey relating to matters connected with training for employment, with industrial relations or otherwise with employment or unemployment; or

• (ii) an officer of any of the following bodies who is authorised by that body to receive the information, namely, . . . a local planning authority within the meaning of the Town and Country Planning Act 1990 or a planning authority within the meaning of the Town and Country Planning (Scotland) Act 1997. . . .... and a development corporation within the meaning of the New Towns Act 1965 or the New Towns (Scotland) Act 1968;

• (iii) an officer of the National Assembly for Wales who is authorised by that body to receive the information for the purposes of its functions under the Welsh Development Agency Act 1975

• (f) the disclosure by the Secretary of State or the Chancellor of the Exchequer , . . . of statistics compiled wholly or partly from relevant information about the numbers of persons employed in any activity or area.

• (3A) Where the Secretary of State or the Chancellor of the Exchequer discloses information to a board or any other person under subsection (3)(c) or (f ) of this section, he shall give a notice in writing to that person specifying the purposes for which the information may be used.

• (4) In the preceding subsection—

• “a board” means an industrial training board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982; and

• “relevant information” means information obtained under the said Act of 1947;

and any reference in that subsection to the Secretary of State or the Chancellor of the Exchequer, a government department . . . , . . . or such a board includes respectively a reference to an officer of his or of that body and also, in the case of a reference to such a board, a reference to any committee appointed by the board, to any officer of such a committee and to any person entitled to take part in proceedings of the board.

• (5) A person to whom information is disclosed in pursuance of subsection (3) of this section shall not use the information for a purpose other than—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in a case falling within paragraph (c) . . . or (f) of that subsection, a purpose specified in the notice given with respect to the information in pursuance of subsection (3A) of this section;

• (cc) in the case of information given to such a person as is mentioned in paragraph (e)(i) of that subsection, a purpose related to the carrying out of the research or survey in the carrying out of which that person is or is to be engaged;

• (d) in the case of information given to an officer of . . . a local planning authority, the purposes of the functions conferred on the authority . . . by Part II of the said Act of 1990 or 1997 (which relate to development plans);

• (dd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (dd) in the case of information given to an officer of the National Assembly for Wales, the purposes of functions conferred on that body by the Welsh Development Agency Act 1975;

• (e) in the case of information given to an officer of a development corporation, the purposes of functions conferred on the corporation by section 3 of the said Act of 1965 or 1968 (which relate to the laying out and development of new towns);

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and a person who contravenes the provisions of this subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional Powers of Secretary of State

Additional powers of Secretary of State

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Secretary of State may—

• (a) appoint such persons as he thinks fit for the purpose of advising him with respect to the performance of any of the functions conferred or imposed on him by sections 2, 8 to 10 and 12 of this Act; and by virtue of this Act, excluding the following section; and

• (b) pay to any person appointed in pursuance of the preceding paragraph such subsistence and travelling allowances and such compensation for loss of remunerative time as the Secretary of State may determine with the approval of the Minister for the Civil Service.

• (3) The Secretary of State may arrange for or make payments in respect of—

• (a) research into any matter connected with any of his functions relating to employment, unemployment or training for employment . . .

• (b) the dissemination of information derived from such research.

• (4) The Secretary of State shall not make any payments in pursuance of subsection . . . (3) of this section unless the amounts of the payments and the terms on which they are made are approved by the Treasury.

Modification of Industrial Training Act 1964 and other enactments

Modification of Act of 1964

6

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The preceding provisions of this section shall not have effect in relation to the Agricultural, Horticultural and Forestry Industry Training Board, and—

• (a) the Industrial Training Act 1964 shall have effect in relation to that Board subject to the provisions of Part III of Schedule 2 to this Act; and

• (b) that Board shall be called the Agricultural Training Board;

and, without prejudice to the powers conferred by the said Act of 1964 to amend or revoke any order in respect of that Board which was made under that Act before this subsection comes into force, nothing in the preceding provisions of this subsection or in the said Part III shall affect the validity of such an order.

• (4) In accordance with the preceding subsection, sections 1 to 3, 5 and 9 of the said Act are to have effect in relation to the Agricultural Training Board, after the coming into force of that subsection and Part III of Schedule 2 to this Act, as set out in Part IV of that Schedule.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification and exclusion of other enactments in relation to the Commission and Agencies

7

Careers services

Provision of services by education authorities

8

• (1) It shall be the duty of the Secretary of State to secure the provision of relevant services for assisting persons undergoing relevant education to decide—

• (a) what employments, having regard to their capabilities, will be suitable for and available to them when they cease undergoing such education, and

• (b) what training or education is or will be required by and available to them in order to fit them for those employments,

and for assisting persons ceasing to undergo relevant education to obtain such employments, training and education.

• (2) In subsection (1) of this section and section 9 of this Act “ relevant services ” means—

• (a) giving of assistance by collecting, or disseminating or otherwise providing, information about persons seeking, obtaining or offering employment, training and education,

• (b) offering advice and guidance, and

• (c) other services calculated to facilitate the provision of any services specified in paragraphs (a) and (b) of this subsection.

• (3) In this section and section 9 of this Act “ relevant education ” means—

• (a) education involving full-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, and

• (b) education involving part-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, which is education of a description commonly undergone by persons in order to fit them for employment.

• (4) The references in subsection (3) of this section to an educational institution within the higher education sector shall be construed—

• (za) as respects England, as references to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, other than a provider which is also an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992,

• (a) as respects ... Wales, in accordance with section 91(5) of the Further and Higher Education Act 1992 or, if this section is in force at any time before section 65 of that Act comes into force, in accordance with section 61(3)(a) of that Act until that section comes into force, and

• (b) as respects Scotland, in accordance with section 56(2) of the Further and Higher Education (Scotland) Act 1992.

Records of vocational advice

9

The Secretary of State shall have power to secure the provision of relevant services, or any description of relevant services, for assisting persons other than those undergoing relevant education, or any description of such persons, to decide—

• (a) what employments, having regard to their capabilities, are or will be suitable for and available to them, and

• (b) what training or education is or will be required by and available to them in order to fit them for those employments,

and for assisting those persons to obtain such employments, training and education.

Control of education authorities by Secretary of State

10

• (1) The Secretary of State may perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by making arrangements with—

• (a) local authoritiesor (in Scotland) education authorities,

• (b) persons of any other description, or

• (c) local authorities or education authorities and persons of any other description acting jointly,

under which they undertake to provide, or arrange for the provision of, services in accordance with the arrangements; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.

• (2) The Secretary of State may also perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by giving directions to local authorities or education authorities requiring them to provide, or arrange for the provision of, services in accordance with the directions; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.

• (3) Directions given under this section may require local authorities and education authorities—

• (a) to provide services themselves or jointly with other authorities or persons,

• (b) to arrange for the provision of services by other authorities or persons, or

• (c) to consult and co-ordinate in the provision, or in arranging for the provision, of services with other authorities or persons.

• (4) Arrangements made, and directions given, under this section may include provision for the making of payments by the Secretary of State, whether by way of grant or loan or otherwise, to the persons with whom they are made or to whom they are given.

• (5) Arrangements made, and directions given, under this section in exercise of the power conferred by section 9 of this Act may include provision permitting the making of charges for the provision of the services to which they relate.

• (6) Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given—

• (a) to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and

• (b) to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify.

• (7) The Secretary of State may give directions to local authorities and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services.

• (8) local authorities and education authorities shall have power—

• (a) to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and

• (b) to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services;

but, where directions are given to local authorities and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions.

• (9) Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly.

• (10) Nothing in sections 8 and 9 and this section shall make it unlawful for a local authority or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State.

• (11) A direction given under this section may be revoked or varied by another direction so given.

• (12) Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.

Supplemental

Financial provisions

11

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) There shall be paid out of money provided by Parliament—

• (a) any expenses incurred by the Secretary of State for the purposes of this Act; and

• (b) any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided;

and any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

• (3) Where it appears to the Secretary of State or an industrial training board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982 that any person would have been entitled, by reference to an injury or disease developed by him or another person in consequence of attendance at a course provided or approved by or on behalf of the Secretary of State or by the board or in consequence of the use of facilities so provided or approved, to receive any benefit or increase in benefit in pursuance of Parts 2 to 4 of the Social Security Contributions and Benefits Act 1992 but for the fact that he or the other person was not at a relevant time an employed earner, the Secretary of State or the board may make to him payments equal to the whole or part of the benefit or increase in question; . . .

Ancillary and transitional provisions

12

• (1) It shall be the duty of the Secretary of State in exercising any power to select disabled persons for courses of training and other courses or any power to submit for engagements the names of disabled persons . . . , to give preference, so far as he . . . considers it consistent with the efficient exercise of that power, to persons of the classes specified in section 16 of the Disabled Persons (Employment) Act 1944 (which specifies the classes of ex-service men and women to whom preference is to be given in pursuance of that section); and in this subsection “disabled person”has the same meaning as in the Equality Act 2010.

• (1A) It shall be the duty . . . of each local authority or (in Scotland) education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to the exercise by him of any power under this Act to make payments to any persons; and any information falling to be furnished in pursuance of this subsection shall be furnished in such form and at such times as the Secretary of State may direct.

• (2) It shall be the duty of each local authority or (in Scotland) education authority and the Commission to furnish the Secretary of State with such information in its possession as the Secretary of State may require as being information required in connection with the determination of questions relating to contributions or benefit under the Social Security Contributions and Benefits Act 1992 and any information falling to be furnished in pursuance of this subsection shall be furnished in such a form and at such times as the Secretary of State may direct.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State or an industrial training board may make to any person payments by way of travelling and subsistence allowances and compensation for loss of remunerative time which , in the case of payments by such a board, are approved by the Secretary of State and which the Secretary of State or board considers are appropriate in connection with the person’s attendance at any examination connected with a claim for payments from the Secretary of State or board in pursuance of subsection (3) of the preceding section; . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation etc.

13

• (1) In this Act, apart from Schedule 2, the following expressions have the following meanings—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980;“employee”, . . . , includes a person engaged under a contract for services, and “employer” shall be construed accordingly;

• “employment”, . . . , means employment under a contract of service or apprenticeship or a contract for services or otherwise than under a contract, and “employed” shall be construed accordingly;

• “facilities” includes services;

• “functions” includes powers and duties;

• “local authority” has the meaning given by section 579(1) of the Education Act 1996;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “training” includes any education with a view to employment, and cognate expressions shall be construed accordingly; and

• “university”, in relation to Scotland, includes a central institution and a college of education as defined in section 145 of the Education (Scotland) Act 1962.

• (1A) Any reference in this Act to redundancy shall be construed as a reference to the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965.

• (2) A reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment.

• (3) The powers conferred on the Secretary of State by this Act are in addition to and not in substitution for any powers exercisable by him apart from this Act.

• (4) Any power to make an order which is conferred on the Secretary of State by this Act apart from Schedule 2 shall be exercisable by statutory instrument, and an order made in the exercise of such a power—

• (a) may include such supplemental and incidental provisions as the Secretary of State considers appropriate for the purposes of the order;

• (b) may, except in the case of an order made by virtue of section 8(6) or 12(3) of this Act, be varied or revoked by a subsequent order so made, so however that an order appointing a day shall not be varied or revoked by virtue of this subsection on or after that day.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor and consequential amendments of enactments, and repeals

14

• (1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the provisions of that Schedule; . . .

• (2) The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule; but nothing in this subsection affects the application of hte Industrial Training Act 1964 to the Agricultural Training Board.

Short title, commencement and extent

15

• (1) This Act may be cited as the Employment and Training Act 1973.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) This Act.. does not extend to Northern Ireland.

SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of office

1

Subject to paragraphs 2 to 4 of this Schedule, a person shall hold and vacate office as a member or the chairman or a deputy chairman in accordance with the terms of the instrument appointing him to that office.

2

A person may at any time resign his office as a member or the chairman or a deputy chairman by giving to the Secretary of State a notice in writing signed by that person and stating that he resigns that office.

3

• (1) If a member becomes or ceases to be the chairman or a deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office as a member.

• (2) If the chairman or a deputy chairman ceases to be a member he shall cease to be the chairman or a deputy chairman, as the case may be.

4

• (1) If the Secretary of State is satisfied that a member—

• (a) has been absent from meetings of the Commission for a period longer than six consecutive months without the permission of the Commission; or

• (b) has become bankrupt or made an arrangement with his creditors ; or

• (c) is incapacitated by physical or mental illness ; or

• (d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

• (2) In the application of the preceding sub-paragraph to Scotland for the references in paragraph (b) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract.

Remuneration etc. of members

5

The Commission may pay to each member such remuneration and allowances as the Secretary of State may determine.

6

The Commission may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine.

7

Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission may make to him a payment of such amount as the Secretary of State may determine.

Proceedings

8

The quorum of the Commission and the arrangements relating to meetings of the Commission shall be such as the Commission may determine.

9

The validity of any proceedings of the Commission shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

10

• (1) Subject to the following paragraph, the Commission may appoint such officers and servants as it may determine with the consent of the Secretary of State as to numbers and terms of employment ; and any reference in this Act to an employee of the Commission is a reference to a person appointed in pursuance of this sub-paragraph.

• (2) Different numbers and terms of employment may be determined in pursuance of the preceding sub-paragraph in relation to employees or proposed employees of different categories.

11

• (1) It shall be the duty of the Commission to make, before such date as the Secretary of State may determine, an offer of employment by the Commission to each person who is employed by the Secretary of State and whose name is notified to the Commission by the Secretary of State in pursuance of this sub-paragraph ; and the terms of the offer must be such that in the opinion of the Secretary of State they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed by the Secretary of State on the date on which the offer is made.

• (2) An offer made in pursuance of the preceding sub-paragraph shall not be revocable during the period of three months beginning with the date on which the offer is made.

12

It shall be the duty of the Commission, except so far as it is satisfied that adequate machinery exists for achieving the purpose of this paragraph, to seek consultation with any organisation appearing to the Commission to be appropriate with a view to the conclusion between the Commission and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—

• (a) the settlement by negotiation of terms and conditions of employment of employees of the Commission, with pro vision for reference to arbitration in default of such a settlement in such cases as may be determined by or under the agreement; and

• (b) the promotion and encouragement of measures affecting the safety, health and welfare of employees of the Commission and the discussion of other matters of mutual interest to the Commission and its employees, including efficiency in the performance of the Commission's functions.

Performance of functions

13

The Commission may authorise any member or employee of the Commission and, with the consent of the Secretary of State, any other person to perform on behalf of the Commission such of the Commission's functions (including the function conferred on the Commission by this paragraph) as are specified in the authorisation.

Accounts and reports

14

• (1) It shall be the duty of the Commission—

• (a) to keep proper accounts and proper records in relation to the accounts ;

• (b) to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury ; and

• (c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.

• (2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.

15

It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this paragraph.

Supplemental

16

For the purposes of section 2 of the Official Secrets Act 1911 (which among other things relates to the wrongful communication of information) a member and an employee of the Commission shall be deemed to hold an office under Her Majesty.

17

The Secretary of State shall not make a determination or give his consent in pursuance of paragraph 5, 6, 7 or 10(1) of this Schedule except with the approval of the Minister for the Civil Service.

18

The fixing of the common seal of the Commission shall be authenticated by the signature of the secretary of the Commission or some other person authorised by the Commission to act for that purpose.

19

A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

20

In the preceding provisions of this Schedule—

• (a) "accounting year" means the period of twelve months ending with 31st March in any year except that the first accounting year of the Commission shall, if the Secretary of State so directs, be such period shorter or longer than twelve months (but not longer than two years) as is specified in the direction; and

• (b) " the chairman ", " a deputy chairman " and " a member " mean respectively the chairman, a deputy chairman and a member of the Commission.

Application to the Agencies etc.

21

• (1) The preceding provisions of this Schedule shall have effect in relation to each of the Agencies as if—

• (a) for any reference to the Commission there were substituted a reference to the Agency;

• (b) for any reference to the Secretary of State in paragraphs 2 to 4, 13 and 20 and the first such reference in paragraph 7 there were substituted a reference to the Commission ;

• (c) for any reference to the Secretary of State in paragraphs 5 to 7 (except the first such reference in paragraph 7) there were substituted a reference to the Commission acting with the consent of the Secretary of State;

• (d) for any reference to the chairman there were substituted a reference to the director, and any reference to a deputy chairman were omitted;

• (e) in paragraph 14(1)(c) for the words from " Secretary " to " following " there were substituted the words " Commission by such date as the Commission may direct after the end of "; and

• (f) paragraph 15 were omitted.

• (2) It shall be the duty of the Commission to include in or send with the copies of the statement sent by it as required by paragraph 14(l)(c) of this Schedule copies of the statement sent to it by each of the Agencies in pursuance of the said paragraph 14(1)(c) as adapted by the preceding sub-paragraph.

• (3) The terms of an instrument appointing a person to be a member of either of the Agencies shall be such as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.

SCHEDULE 2

PART I — The Modifications—General

1

Subject to any modifications made by the following paragraphs of this Part of this Schedule in any of the following provisions of the Act, in sections 1(4), 2(5) and (6), 4(2), 5(1), (2) and (5), 7(2) and 8(3) of the Act a reference to the Commission shall be substituted for any reference to the Secretary of State.

2

• (1) In section 1(1) of the Act after the word "may" there shall be inserted the words " , if the Manpower Services Commission submits to him proposals that he should do so, ".

• (2) In subsection (2) of section 1 of the Act, after the word "Act" there shall be inserted the following definitions—

• " the Commission " means the Manpower Services Commission ;
• " employee " includes a person engaged under a contract for services, and " employer " shall be construed accordingly ;
• " employment " means employment under a contract of service or apprenticeship or a contract for services or otherwise than under a contract, and " employed " shall be construed accordingly ;
• " exemption certificate " has the meaning assigned to it by section 4A(1) of this Act, and " holder " in relation to an exemption certificate means the person to whom the certificate is issued;

and for so much of the said subsection (2) as begins with the word " and " in the definition of " the industry " there shall be substituted the following definitions—

• " levy order " has the meaning assigned to it by section 4(1) of this Act; and
• " the Minister " means the Secretary of State.

• (3) In section 1(4) of the Act, for the words "Before making" there shall be substituted the words " Before the Commission submits to the Minister proposals for the making of ".

3

• (1) In section 2(1) of the Act—

• (a) at the beginning there shall be inserted the words " For the purpose of encouraging adequate training of persons employed or intending to be employed in the industry " ;

• (b) in paragraphs (a) and (c) for the word " shall " there shall be substituted the word " may " and in paragraph (a) for the words from " of persons" to " required " there shall be substituted the words " of those persons as the board considers adequate " and for the words " such persons " there shall be substituted the words " those persons ";

• (c) after paragraph (g) there shall be inserted the following paragraph—

(h) may provide advice about training connected with the industry.

• (2) For subsection (3) of section 2 of the Act there shall be substituted the following subsection—

(3) An industrial training board may— (a) at the request of another industrial training board provide advice for the other board and courses and other facilities for the training of persons employed or intending to be employed in the industry for which that other board is established ; (b) at the request of the Commission provide such other advice, and such other courses and facilities for training, as are mentioned in the request; (c) at the request of an employer in the industry provide for him advice about training connected with activities carried on in Northern Ireland or outside the United Kingdom which, if they were carried on in Great Britain, would be included in the industry ; (d) enter into agreements with persons for the making by them of payments to the board in respect of the exercise by the board of any of its functions ; (e) take part in any arrangements made in pursuance of section 2(1) or (2), 3(4) or 8 of the Employment and Training Act 1973 (which relate to arrangements for persons to select, train for and obtain suitable employments and to obtain suitable employees) ; but any expense incurred by the board in pursuance of paragraph (c) of this subsection shall not be defrayed out of sums received by the board by way of levy.

• (3) At the end of paragraph (b) of section 2(4) of the Act there shall be inserted the words

, to persons who make studies for the purpose of providing such courses or facilities and to persons who maintain arrangements to provide such courses or facilities which are not for the time being in use " and at the end of the said section 2(4) there shall be inserted the following paragraph— (d) make payments to persons in connection with arrangements under which they or employees of theirs make use of courses or other facilities provided or approved by the board.

4

• (1) In section 3(1) of the Act for the words " the proposals " there shall be substituted the words " proposals submitted to and approved by the Commission under section 7 of this Act " and after the words " section 2 " there shall be inserted the words " or 4B(4) ".

• (2) In section 3(2) of the Act, for the words from " allowances " onwards there shall be substituted the words " allowances (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service and to the chairman of any such committee to which functions mentioned in the preceding subsection are delegated (hereafter in this section referred to as a " relevant committee ") such remuneration as the Minister may so determine ".

• (3) After subsection (2) of section 3 of the Act there shall be inserted the following subsection—

(2A) An industrial training board may make, or as the case may be join in making, such arrangements as the Minister may specify with the approval of the Minister for the Civil Service— (a) for the payment of pensions, superannuation allowances and gratuities to or in respect of the chairmen of relevant committees ; (b) for the payment of compensation to a person who ceases to be a chairman of a relevant committee otherwise than on the expiry of his term of office where it appears to the Minister that there are special circumstances which make it right for him to receive compensation.

5

• (1) For subsection (1) of section 4 of the Act there shall be substituted the following subsection—

(1) For the purpose of encouraging adequate training in the industry an industrial training board may, in accordance with an order made by the Minister (hereafter in this Act referred to as " a levy order "), impose a levy on employers in the industry except so far as they are exempted from the levy by the industrial training order, the levy order or an exemption certificate.

• (2) In section 4(2) of the Act, after the words " to proposals" there shall be inserted the words " in respect of a levy which have been ".

• (3) In section 4 of the Act, after subsection (2) there shall be inserted the following subsection—

(2A) Nothing in this Act shall be construed as requiring the Minister to make a levy order in a case in which he considers it inexpedient to make one ; and the Minister shall not make a levy order in pursuance of any proposals under the said section 7 unless— (a) he is satisfied that proposals published by the relevant board in pursuance of section 4A of this Act provide for exemption certificates relating to the levy (other than levy payable by virtue of subsection (1B) of the said section 7) in such cases as he considers appropriate ; (b) such of the proposals under the said section 7 as were made in pursuance of subsection (1A)(a) of that section and are approved by the Commission provide for the exemption from the levy of employers who, in view of the small number of their employees, ought in his opinion to be exempted from it; (c) he is satisfied that such of the proposals under the said section 7 as were made in pursuance of subsection (1B) of that section are necessary as mentioned in paragraph (a) of that subsection and are shown, by evidence furnished by the board which made the proposals, to be considered necessary as mentioned in paragraph (b) of that subsection; and (d) the amount which, disregarding any exemptions, he estimates would if the order were made be payable by virtue of it by any employer in the industry either— (i) does not exceed an amount which the Minister estimates is equal to one per cent, of the aggregate of the emoluments and payments intended to be disbursed as emoluments which are paid and payable, by that employer to or in respect of persons employed in the industry, in respect of the period specified in the proposals as the period which is relevant for the purposes of this sub-paragraph, or (ii) does exceed the amount mentioned in the preceding sub-paragraph but is considered by him to be appropriate in the circumstances ; and a levy order made in a case falling within paragraph (d)(ii) of this subsection shall state that it is made in such a case.

• (4) In section 4(3) of the Act, before the word " contain " there shall be inserted the words " provide for payments by way of levy to accrue due from day to day over a period specified in the order and may " and before the word " become " there shall be inserted the words " (whether or not any period over which that amount accrues due has expired) ".

• (5) At the end of section 4(4) of the Act there shall be inserted the words " unless the instrument contains only an order which includes a statement that it is made in a case falling within subsection (2A)(d)(ii) of this section, and no levy order which includes such a statement shall be made unless a draft of the order has been approved by a resolution of each House of Parliament ".

6

After section 4 of the Act there shall be inserted the following sections—

(4A) (1) An industrial training board may from time to time, and shall whenever directed to do so by the Commission, submit to the Commission for the Commission's approval proposals for the issue of certificates (in this Act referred to as " exemption certificates") which, while the certificates are in force, are to exempt from relevant levy employers in the industry who— (a) make arrangements for the training, or the training and further education associated with training, of persons needed to carry on the activities which are or are expected to be carried on at establishments of the employers ; and (b) satisfy the board, by reference to criteria specified in the proposals, that the arrangements are adequate for those establishments ; and in this subsection " relevant levy " means levy which, apart from any exemption certificate, is payable to the board in question by virtue of this Act in respect of persons employed at establishments for which such arrangements are made, other than levy which the levy order authorising it provides is to be payable notwithstanding any exemption certificate. (2) Where a board by which proposals are submitted to the Commission in pursuance of the preceding subsection is informed by the Commission that the Commission and the Minister approve the proposals, it shall be the duty of the board to arrange for the proposals to be published as soon as practicable in a manner approved by the Commission. (3) Proposals made by a board in pursuance of subsection (1) of this section— (a) must include proposals as to the arrangements for the reconsideration of decisions in pursuance of subsection (4) of the following section ; and (b) may include proposals for altering or cancelling any previous proposals made by the board in pursuance of subsection (1) of this section ; but proposals made by virtue of paragraph (b) of this subsection shall not affect the operation of any exemption certificates issued in pursuance of previous proposals. (4) Subsections (2) to (6) of section 7 of this Act shall have effect in relation to a direction under subsection (1) of this section and proposals mentioned in that subsection as they have effect in relation to a direction under section 7(1) of this Act and proposals mentioned in the said section 7(1). (4B) (1) Where an industrial training board is satisfied, on an application made in writing to the board by an employer liable apart from this section to pay to the board any levy from which exemption may be conferred on him by an exemption certificate, that the arrangements made by him for the training, or the training and further education associated with training, of persons needed to carry on the activities which are or are expected to be carried on at a particular establishment of his are such that, in accordance with proposals published by the board in pursuance of the preceding section, an exemption certificate falls to be issued to him in respect of the establishment, it shall be the duty of the board to issue such a certificate to him; and the holder of an exemption certificate shall, while the certificate is in force, be exempt from levy payable to the board by virtue of this Act in respect of persons employed at the establishment to which the certificate relates, other than levy which the levy order authorising it provides is to be payable notwithstanding any exemption certificate. (2) An exemption certificate— (a) may require the holder of the certificate to comply with such conditions relating to the training, or the training and education, of persons needed to carry on the activities which are or are expected to be carried on at the establishments to which the certificate relates (including in particular conditions as to the inspection on behalf of the relevant board of the arrangements for the training or the training and education) as are specified in the certificate and are in accordance with the proposals mentioned in the preceding subsection ; (b) shall specify the date on which the certificate is to come into force ; (c) shall specify the period (not exceeding three years beginning with that date) at the expiration of which it shall cease to be in force unless it has previously ceased to be in force by virtue of the following subsection ; (d) may provide that the certificate shall be deemed to have been in force for such period before the date on which it comes into force as is specified in the certificate (which shall not begin before the period of one year ending with the date on which the said board received the application in pursuance of which it issues the certificate); and any levy paid to the said board by a person for a period in respect of which by virtue of paragraph (d) of this subsection it becomes not payable shall be repayable by the board to that person. (3) An exemption certificate issued by a board shall cease to be in force if the board gives notice in writing to the holder of the certificate stating that in the opinion of the board he has failed to comply with conditions specified in the certificate and mentioned in the notice ; but for the purposes of the preceding provisions of this subsection a notice given in pursuance of this subsection shall be disregarded if the board subsequently informs the person to whom it was given that the notice is withdrawn. (4) If a person who is liable apart from any exemption certificate to pay to a board levy from which exemption may be conferred by an exemption certificate is dissatisfied with the decision of the board— (a) to refuse to issue to him an exemption certificate relating to such levy in respect of a particular establishment; or (b) to refuse to include in an exemption certificate issued to him provisions or different provisions authorised by subsection (2)(b) or (d) of this section ; or (c) to include in an exemption certificate provisions requiring him to comply with conditions ; or (d) to give a notice to him in pursuance of subsection (3) of this section, and requests the board in writing to reconsider the decision, it shall be the duty of the board to reconsider it or to secure that it is reconsidered by a committee authorised to deal with such requests by virtue of section 3(1) of this Act; and if on reconsidering the decision the board or committee decides not to alter it, or not to alter it in a manner which the person who made the request considers is satisfactory, that person may refer the decision to a body established in pursuance of the following subsection. (5) It shall be the duty of the Minister to make regulations establishing a body to which decisions are to be referred in pursuance of the preceding subsection ; and regulations made by virtue of this subsection may include provisions as to the powers and procedure of the body and such other provisions (including provisions for defraying the body's expenses out of moneys provided by Parliament or otherwise) as the Minister considers appropriate for the purpose of facilitating the exercise by the body of its functions and may, without prejudice to the generality of the preceding provisions of this subsection— (a) require a board to draw the attention of a person to his right to refer a decision to the body ; (b) authorise the body to direct a board of which a decision is referred to the body to alter the decision in a manner specified in the direction ; and (c) require the board to comply with the direction and provide for any case in which it fails to do so. (6) Regulations under subsection (5) of this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) No appeal shall lie to a tribunal established in pursuance of section 12 of this Act in respect of such a decision as is mentioned in subsection (4) of this section.

7

• (1) In section 5(1) of the Act for the word " Treasury " there shall be substituted the word " Minister ".

• (2) In section 5 of the Act after subsection (1) there shall be inserted the following subsection—

(1A) The Commission may give to an industrial training board such directions as the Commission thinks fit for the purpose of securing— (a) that the board's expenditure for a purpose specified in the directions does not exceed an amount so specified ; and (b) that the whole or part of any grant or loan made to the board in pursuance of the preceding subsection is used only for the purposes specified in the directions ; and it shall be the duty of the board to comply with the directions.

8

• (1) At the end of section 6(3) of the Act there shall be inserted the words " or to the Commission, the Employment Service Agency, the Training Services Agency or an officer of the Commission or either Agency ".

• (2) In section 6(7)(b) of the Act for the words " either of those subsections " there shall be substituted the words " that subsection ".

9

After section 6 of the Act there shall be inserted the following section—

(6A) (1) The Commission may, with the approval of the Minister, direct an industrial training board to exercise the power to require the furnishing of information which is conferred on the board by subsection (2) of the preceding section (hereafter in this section referred to as " the relevant power ") so as to require employers in the industry to furnish to the board, in such form and on such occasions as are specified in the direction, such information as the Commission considers that the Commission needs for the purposes of its functions and as is so specified ; and it shall be the duty of the board to comply with the direction. (2) An industrial training board shall not exercise the relevant power except— (a) in pursuance of a direction given by virtue of the preceding subsection ; or (b) with the approval of the Minister and in accordance with the conditions, if any, of the approval; and any application by a board for approval in pursuance of paragraph (b) of this subsection must be made to the Commission and contain such information as the Commission may require with respect to the proposed exercise of the relevant power. (3) Where the Commission receives such an application from a board the Commission— (a) may request the board to withdraw or alter the application; and (b) shall, if it does not so request or the board declines to comply with the request or complies with a request to alter the application, transmit the application to the Minister ; and it shall be the duty of the Commission on transmitting the application to the Minister to inform him whether in its opinion he should reject the application or approve it with specified conditions or without conditions. (4) An approval of an application given by the Minister in pursuance of subsection (2)(b) of this section may be given subject to conditions that the board in question may exercise the relevant power only for the purpose of requiring the furnishing of information in such forms and on such occasions as are specified in the instrument of approval.

10

• (1) For subsection (1) of section 7 of the Act there shall be substituted the following subsection—

(1) An industrial training board shall from time to time, and whenever directed to do so by the Commission, submit to the Commission for the Commission's approval proposals for the exercise of functions conferred on the board by section 2 of this Act and may from time to time, and shall whenever directed by the Commission to do so, submit as aforesaid— (a) proposals for the delegation of all or any of those functions to committees established under section 3 of this Act; and (b) proposals for the raising and collection of a levy.

• (2) After subsection (1) of section 7 of the Act there shall be inserted the following subsections—

(1A) Any proposals by a board in pursuance of paragraph (b) of the preceding subsection must include— (a) proposals for exempting from the levy any employer who, in view of the small number of his employees, ought in the opinion of the board to be exempted from it; and (b) such information or further information as the Commission directs the board to furnish, and any additional information which the board considers appropriate, for the purpose of assisting the Minister to decide whether a levy order made in pursuance of the proposals would fall within sub-paragraph (i) or sub-paragraph (ii) of section 4(2A)(d) of this Act; and proposals in pursuance of paragraph (a) of this subsection may be made in respect of different numbers of employees for different employers or classes of employers and may provide for numbers of employees or for employers or classes of employers to be determined by reference to such factors as are specified in the proposals. (1B) Any proposals made by a board in pursuance of paragraph (b) of subsection (1) of this section may include proposals for securing that exemption certificates issued by the board shall not exempt from the whole or a portion of the levy the employers or some of the employers in the industry, and different proposals may be made in pursuance of this subsection as respects different categories of employers and different portions of the levy; but the Commission shall not approve proposals made in pursuance of this subsection unless— (a) it is of the opinion that the proposals are necessary to encourage adequate training in the industry; and (b) it is satisfied, by evidence furnished to it by the board, that— (i) organisations appearing to it to represent more than half of the persons whom it considers are likely to be liable to make payments by way of levy in consequence of the proposals, and (ii) organisations appearing to it to represent persons whom it considers are together likely to be liable to make payments by way of levy in consequence of the proposals which amount to more than half the aggregate amount of those payments, consider, after taking reasonable steps to ascertain the views of the proposals taken by the persons aforesaid who are represented by the organisations, that the proposals are necessary as mentioned in paragraph (a) of this subsection. (1C) It shall be the duty of the Commission to submit to the Minister any proposals which are made to the Commission in pursuance of paragraph (b) of subsection (1) of this section and approved by the Commission.

• (3) In section 7(2) of the Act for the words from " the proposals submitted " to " unsatisfactory he" there shall be substituted the words " it appears to the Minister, after he has considered a report made to him by the Commission on the proposals submitted in pursuance of the direction, that the proposals are unsatisfactory he ".

11

• (1) In section 8(1) of the Act for the words "Minister may, with the approval of" there shall be substituted the words " Commission may, with the approval of the Minister and ".

• (2) At the beginning of section 8(4) of the Act there shall be inserted the words " The Commission shall send a copy of every such report to the Minister and ".

12

• (1) In section 9(1) of the Act after the word " may " there shall be inserted the words " on the recommendation of the Commission ".

• (2) In section 9(2) of the Act for the words from the beginning to " Minister" there shall be substituted the words " Before recommending the making of an order under subsection (1)(a) of this section the Commission shall consult the industrial training board and such organisations or associations appearing to the Commission to be representative—

• (a) of employers engaged in activities to be included in or excluded from the relevant industrial training order by virtue of the amendments in question ; and

• (b) of employees engaged in those activities ;

and before recommending the making of an order under subsection (1)(b) of this section the Commission ".

• (3) In section 9(3) of the Act after the word " industry " there shall be inserted the words " (whether or not they are holders of exemption certificates) " and after the word " raising" there shall be inserted the words " the whole or part of ".

13

After section 9 of the Act there shall be inserted the following section—

(9A) (1) If an employer in the industry of an industrial training board requests the Commission in writing to secure that activities carried on at a particular establishment of his shall, instead of being included for the purposes of this Act in that industry, be included for those purposes in the industry of another industrial training board, the Commission may if it thinks fit, after consulting both the boards in question about the request, submit it to the Minister with a recommendation that he should give effect to the request. (2) Where the Minister receives a recommendation in pursuance of the preceding subsection in respect of a request he may if he thinks fit make an order giving effect to the request; and the power conferred by this subsection to make an order relating to an establishment shall— (a) be exercisable by statutory instrument; and (b) include power to revoke or vary any previous order made in the exercise of that power in respect of the establishment. (3) An industrial training order or an order under the preceding section may revoke an order under the preceding subsection.

14

In section 10 of the Act after the word " board" in subsection (1) and in each place where it occurs in subsection (3) there shall be inserted the words " the Commission or the Minister ".

15

In section 12 of the Act after subsection (2A) there shall be inserted the following subsection—

(2B) The Minister may out of moneys provided by Parliament pay such remuneration as he may determine with the consent of the Minister for the Civil Service to the President of the Industrial Tribunals (England and Wales), the President of the Industrial Tribunals (Scotland) and any person who is a member on a full-time basis of a panel of chairmen of tribunals which is appointed in accordance with regulations under this section.

16

In section 14(1) of the Act for the words from the beginning to " carried on " there shall be substituted the words " An industrial training board may, with the consent of the Commission given with the approval of the Minister, exercise such functions in connection with training for employment " and at the end of section 14(1) there shall be inserted the words " ; and -the board may enter into agreements for the making of payments to the board in respect of the exercise in pursuance of this subsection of functions by the board. "

17

In the Schedule to the Act—

• (a) at the end of paragraph 4 there shall be inserted the words " and may make such arrangements for the payment of pensions, superannuation allowances and gratuities to or in respect of its chairman as the Minister may specify with the like approval ";

• (b) after paragraph 4 there shall be inserted the following paragraph—

(4A) Where a person ceases to be the chairman of an industrial training board otherwise than on the expiry of his term of office and it appears to the Minister that there are special circumstances which make it right for him to receive compensation, the board may make him a payment of such amount as the Minister may determine with the approval of the Minister for the Civil Service.

;

• (c) in paragraph 6(1) after the word " specify " there shall be inserted the words " and the Commission ";

• (d) after sub-paragraph (1) of paragraph 6 there shall be inserted the following sub-paragraph—

(1A) The Commission may appoint one or more persons to attend the meetings of a committee of an industrial training board, and a person so appointed shall be entitled to take part in the proceedings of the committee and receive copies of all documents distributed to its members but shall have no vote.;

• (e) at the end of paragraph 10 there shall be inserted the words " with the approval of the Minister given with the consent of the Minister for the Civil Service "; and

• (f) in paragraph 11 for the words "as the board may determine " there shall be substituted the words " (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service ".

18

The following provisions of the Act shall cease to have effect, namely—

• (a) section 2(1)(f);

• (b) in section 3(1), the words from ", in accordance " to " section 7 of this Act," ;

• (c) in section 5, in subsection (1) the words "out of moneys provided by Parliament", subsection (3) and in subsection (4) the words from " and any " onwards ;

• (d) in section 6, subsection (1), in subsection (2) the words from " and any " to " board " in the second place where it occurs and in subsections (6) and (7)(a) the words " subsection (1) or";

• (e) sections 11, 13 and 17 ;

• (f) in the Schedule, paragraph 6(2).

PART II — Sections 1 to 7, 9, 9a, 12 and 14(1) of the Act as amended

PART III — Special modifications relating to the Agricultural Training Board

1

The following provisions of the Act shall cease to have effect, namely—

• (a) in section 1, subsections (1) and (4) to (6) ;

• (b) section 2(5) and (6);

• (c) in section 3(1) the words from ", in accordance " to " 7 of this Act," and from ", to such extent" to " the proposals," ;

• (d) sections 4, 5(2) to (4), 6 and 7 ;

• (e) in section 9, in subsection (3) the words from "and may" onwards, and subsection (4);

• (f) sections 11 to 13, 14(3) and 17 ; and

• (g) in the Schedule, paragraphs 5, 6(2) and 12.

2

In section 1(2) of the Act after the word "Act" there shall be inserted the words—

• " agriculture " has the same meaning as in the Agriculture Act 1947 or the Agriculture (Scotland) Act 1948 ;
• " employee " includes a person engaged under a contract for services, and "employer" shall be construed accordingly;
• " employment " means employment under a contract of service or apprenticeship or a contract for services or otherwise than under a contract, and " employed " shall be construed accordingly ;

and for the definition " the Minister " there shall be substituted the words—

• " the Minister " means the Ministers concerned with agriculture in England, Scotland and Wales acting jointly.

3

• (1) In section 2(1) of the Act for paragraph (f) there shall be substituted the following paragraph—

(f) may take part in any arrangements made in pursuance of section 2(1) or (2), 3(4) or 8 of the Employment and Training Act 1973 (which relate to arrangements for persons to select, train for and obtain suitable employments and to obtain suitable employees) ;

and after paragraph (g) there shall be inserted the following paragraphs—

(h) may provide advice about training connected with the industry; (i) may enter into agreements with persons for the making by them of payments to the board in respect of the exercise by the board of any of its functions.

• (2) In section 2(3) of the Act after the word " provide " there shall be inserted the words " advice for the other board and ".

• (3) At the end of section 2(4) of the Act there shall be inserted the following paragraph—

(d) make payments to persons in connection with arrangements under which they or employees of theirs make use of courses or other facilities provided or approved by the board.

4

After section 2 of the Act there shall be inserted the following sections—

(2A) (1) The Minister may give to the Agricultural Training Board such directions as he thinks fit with respect to the performance by the Board of its functions ; and it shall be the duty of the Board, notwithstanding anything in any other provision of this Act, to comply with the directions. (2) Any such directions may require the said Board to exercise on behalf of the Minister functions exercisable by the Minister, whether by virtue of an enactment or otherwise, which are connected with the provision of training or advice for persons employed or intending to be employed in agriculture or in agriculture or horticulture business within the meaning of section 64 of the Agriculture Act 1967 (excluding a function of making regulations or any other instrument having the force of law). (2B) The Minister of Agriculture, Fisheries and Food and the Secretary of State may, for the purpose of assisting the Agricultural Training Board in planning and carrying out activities (including research) connected with the functions conferred on it by section 2(l)(a) of this Act, disclose to the Board any information about— (a) the kind of crops grown on any land and the areas of land on which crops of any kind are grown; and (b) the number and description of persons employed on any land and employed on disposing of the produce of any land ; and (c) the kinds of machinery used on any land, which has been furnished to him in pursuance of section 78 of the Agriculture Act 1947.

5

• (1) In section 3(1) of the Act after the words " section 2 " there shall be inserted the words " or by virtue of section 2A ".

• (2) In section 3(2) of the Act for the words from " allowances " onwards there shall be substituted the words " allowances (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service and to the chairman of any such committee to which functions mentioned in the preceding subsection are delegated (hereafter in this section referred to as a " relevant committee ") such remuneration as the Minister may so determine ".

• (3) After subsection (2) of section 3 of the Act there shall be inserted the following subsection—

(2A) An industrial training board may make such arrangements as the Minister may specify with the approval of the Minister for the Civil Service— (a) for the payment of pensions, superannuation allowances and gratuities to or in respect of the chairmen of relevant committees ; (b) for the payment of compensation to a person who ceases to be a chairman of a relevant committee otherwise than on the expiry of his term of office where it appears to the Minister that there are special circumstances which make it right for him to receive compensation.

6

In section 5(1) of the Act for the word " Minister " there shall be substituted the words " Minister of Agriculture, Fisheries and Food ".

7

• (1) At the end of section 9(1) of the Act there shall be inserted the words " and an order under paragraph (a) of this subsection may, besides including or without including provisions with respect to any activities of industry or commerce, include provisions with respect to activities relating to agriculture which are not carried on in the course of industry or commerce ".

• (2) In section 9(2) of the Act for the words " subsection (1)" there shall be substituted the words " subsection (1)(a) " , and for the words from "consult" onwards there shall be substituted the words " consult the Agricultural Training Board and any organisations or associations appearing to him to be representative—

• (a) of employers engaged in activities to be included in or excluded from the relevant industrial training order by virtue of the amendments in question; and

• (b) of employees engaged in those activities ;

and before making an order under subsection (1)(b) of this section the Minister shall consult the said Board and any organisation or association of organisations appearing to him to be representative—

• (i) of substantial numbers of employers engaging in the activities with which the said Board is concerned ; and

• (ii) of substantial numbers of persons employed in the activities mentioned in paragraph (i) above ".

8

In section 14(1) of the Act for the words from the beginning to "carried on" there shall be substituted the words " An industrial training board may, with the consent of the Minister, exercise such functions in connection with training for employment ".

9

In the Schedule to the Act—

• (a) at the end of paragraph 4 there shall be inserted the words " and may make such arrangements for the payment of pensions, superannuation allowances and gratuities to or in respect of its chairman as the Minister may specify with the like approval ";

• (b) after paragraph 4 there shall be inserted the following paragraph—

(4A) Where a person ceases to be the chairman of an industrial training board otherwise than on the expiry of his term of office and it appears to the Minister that there are special circumstances which make it right for him to receive compensation, the board may make him a payment of such amount as the Minister may determine with the approval of the Minister for the Civil Service. ;

• (c) in paragraph 6(1), after the word " specify " there shall be inserted the words " and the Manpower Services Commission ";

• (d) at the end of paragraph 10 there shall be inserted the words " with the approval of the Minister given with the consent of the Minister for the Civil Service "; and

• (e) in paragraph 11, for the words "as the board may determine " there shall be substituted the words " (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service ".

PART IV — Sections 1 to 3, 5 and 9 of the Act as amended in relation to the Agricultural Training Board

SCHEDULE 3

The Unemployment Insurance Act 1935

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Disabled Persons (Employment) Act 1944

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Assistance Act 1948

3

In section 29(4)(c) of the National Assistance Act 1948 (which relates to the provision by local authorities of workshops and hostels for persons for whom work or training is provided in pursuance of the Disabled Persons (Employment) Act 1944), after the word “1944”, there shall be inserted the words “or the Employment and Training Act 1973”.

The House of Commons Disqualification Act 1957

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Records Act 1958

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Factories Act 1961

6

In section 119A(2) of the Factories Act 1961 , for paragraph (a) (which contains a definition for the purposes of that section of “the local careers office”), there shall be substituted the following paragraph—

• (a) “ the local careers office ” means the premises from which, under arrangements made in pursuance of subsection (1), (4) or (5) of section 8 of the Employment and Training Act 1973, the facilities provided in pursuance of the said subsection (1) are made available in the area (as determined in pursuance of the arrangements) in which the factory is situated ; and.

The National Insurance Act 1965

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Insurance (Industrial Injuries) Act 1965

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Parliamentary Commissioner Act 1967

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Race Relations Act 1968

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chronically Sick and Disabled Persons Act 1970

11

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In subsection (2) of that section (which relates to the membership of any of the bodies constituted under section 8(1) of the Employment and Training Act 1948), for the words from “to be members” to “respectively)” there shall be substituted the words “in pursuance of section 5(2)(a) of the Employment and Training Act 1973 to advise the Secretary of State with respect to the performance of the functions conferred on him by virtue of section 10(1) of that Act”, and the words “the body in question” shall be omitted.

The Local Employment Act 1972

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Superannuation Act 1972

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Employment Medical Advisory Service Act 1972

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Industry Act 1972

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10A

• (1) The functions of a local authority or education authority shall include power to enter into agreements for the supply of goods or services authorised by this section with any person (other than an authority) who provides, or arranges for the provision of, relevant services and is a person with whom this section authorises such arrangements to be made.

• (2) This section authorises the making of such arrangements with any person—

• (a) who, under arrangements (or joint arrangements) made with that person under section 10(1) or (3) of this Act provides, or arranges for the provision of, the services;

• (b) who provides the services jointly with an authority under section 10(3) of this Act;

• (c) who is the means by which, under section 10(8), an authority provides, or arranges for the provision of, the services.

• (3) Subject to subsections (4), (5) and (6) below, this section authorises—

• (a) the supply by the authority to the person of any goods;

• (b) the provision by the authority for the person of any administrative, professional or technical services;

• (c) the use by the person of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the person of the services of any person employed in connection with the vehicle or other property in question;

• (d) the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the person is responsible;

and the authority may purchase and store any goods which in their opinion they may require for the purposes of paragraph (a) above.

• (4) The supply by an authority of goods or services to any person is authorised by this section only for the purpose of the provision by that person of relevant services.

• (5) The supply by an authority of goods or services to any person is authorised by this section only during the period of two years beginning with the day on which that person first provides relevant services in the area of that authority.

• (6) Goods and services shall be supplied on such terms as can reasonably be expected to secure that the full cost of making the supply is recovered by the authority.

• (7) The supply by an authority of goods or services to any person is authorised outside as well as within the area of that authority.

• (8) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities or education authorities.

• (9) In this section—

• “ goods ” includes materials; and

• “ relevant services ” has the meaning given in section 8(2) of this Act.

10B

• (1) Her Majesty's Chief Inspector of Education, Children's Services and Skills—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) shall, when requested to do so by the Secretary of State, inspect and report on the provision of services in England in pursuance of section 8 or 9 by any person or institution, and

• (d) may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.

• (2) A request under subsection (1)(c)—

• (a) may be general or in relation to specific matters,

• (b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

• (c) may relate to a specific area.

• (3) An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.

• (4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

• (5) Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.

• (6) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—

• (a) section 10(1)(a) and (d) (right of access), and

• (b) section 58 (computer records).

• (7) Section 11 of the Education Act 2005 (publication of reports) shall apply.

• (8) A person who wilfully obstructs a person in carrying out or participating in the inspection—

• (a) shall be guilty of an offence, and

• (b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Parts. I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parts. III, IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Factories 1961

Editorial notes

[^c777859]: Act: functions transferred (1.7.1999) (except ss. 2, 4, 5 and 11 for which functions are shared (and modified for s. 2)) by S.I. 1999/672, art. 2, Sch. 1

[^c777860]: Act extended (retrospectively) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 45(1)

[^c777861]: Act: power to continue certain provisions conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15.

[^c777862]: S. 1 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

[^c777866]: Ss. 2, 3 substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1)

[^c777867]: S. 2 modified (1.12.2000 for specified purposes and otherwiseprosp.) by 2000 c. 19, s. 62(5) (with s. 83(6)); S.I. 2000/2950, art. 5

[^c777868]: S. 2: Functions transferred (1.7.1999 subject to s. 56(1) of the amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

[^c777869]: S. 2(2)(d) excluded (7.10.1996) by S.I. 1996/207, reg. 103(2), Sch. 7 para. 14

[^c777870]: S. 2(3A) inserted (30.8.1993) by 1993 c. 19, s. 47(1); 1993/1908, art. 2(1), Sch.1.

[^c777871]: S. 2(3A): power exercisable (1.7.1999) with the agreement of the Scottish Ministers by S.I. 1999/1750, art. 4, Sch. 3

[^c777872]: Ss. 2(4)(6) which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

[^c777874]: Ss. 3 which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

[^c778027]: S. 4(1)(2) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

[^c778028]: Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(a)

[^c778029]: S. 4(3)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I