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Employment And Training Act 1973

Type Public General Act
Publication 1973-07-25
Last updated 2020-03-12
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

(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

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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

1

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

3

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.

6

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

7

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)

8

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

9

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

10

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

17

Words in s. 4 inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 8

21

Words in s. 4(3)(e)(ii), 4(5)(d) repealed (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(3), Sch. 3.

23

Words in s. 4(3)(e) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(a)

36

Words in s. 4(5)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(b)

37

S. 4(5)(dd) (as inserted by section 11(6)(b) of the Scottish Development Agency Act 1975 and not as inserted by section 24(6)(b) of the Welsh Development Agency Act 1975) repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

39

S. 4(5)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

43

Words in s. 5(2)(a) substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2); S.I. 1993/2503, art. 2(3), Sch.3.

47

S. 6(3)(4) repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2

53

Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.

54

Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.

55

Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(2), Sch.2.

56

S. 10A inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.46; S.I. 1993/2503, art. 2(3), Sch.3.

57

S. 10B inserted (1.4.2001) by 2000 c. 21, s. 122 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3)

59

S. 11(3): 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)

64

Words in s. 11(3) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.10.

67

Words in s. 12(1) substituted (2.12.1996) by 1995 c. 50, s. 70(4), Sch. 6 para. 1 (with ss. 59, 64, 65); S.I. 1996/1474, art. 2, Sch. Pt. III

75

Words in s. 12(2) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 11.

76

S. 12(3) repealed by S.I. 1981/494, art. 2

77

S. 12(4): 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)

91

Words repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2

92

Sch. 1 repealed (with saving for para. 6) by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(5), 29(4), Sch. 5 para. 5(1), Sch. 7 pt. I

94

Sch. 2 Pts. III, IV repealed (in relation to Agricultural Training Board) by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2

98

Sch. 3 paras. 5, 13 repealed by Employment Protection Act 1975 (c. 71), Sch. 18

101

Sch. 3 para. 7: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 Sch. 3 Pt. IIpara. 15

102

Sch. 3 para. 7 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I

105

Sch. 3 para. 10 repealed by Race Relations Act 1976 (c. 74), Sch. 5

108

Sch. 3 paras. 5, 13 repealed by Employment Protection Act 1975 (c. 71), Sch. 18

109

Sch. 3 para. 14 repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10

111

1970 c 44.

112

The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

113

The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

114

S. 12(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

115

S. 15(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

116

Words in s. 15(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

117

Sch. 3 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

118

Sch. 3 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

119

Sch. 3 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

120

Sch. 3 para. 11(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

122

Words in s. 10B(7) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 2(3); S.I. 2005/2034, art. 5

130

S. 2 functions made exercisable concurrently (12.10.2007) by Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), arts. 1(2), 3(4)(a)

131

S. 9 functions made exercisable concurrently (12.10.2007) by Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), arts. 1(2), 3(4)(a)

139

Act functions ceased to be exercisable concurrently (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), arts. 1(2), 3(2)(a)

141

Words in s. 12(1) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 3 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)

143

Words in s. 11(3) substituted (30.10.2012 for specified purposes, 31.10.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 66(2), 150(3); S.I. 2012/2530, art. 2(5)(b); S.I. 2013/2534, art. 2

144

S. 11(3) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

145

S. 2 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

146

S. 4 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

147

S. 5 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Financial provisions.

Modification of Act of 1964.

Financial provisions.

Provision of ancillary goods and services.

Inspection.

Power of Secretary of State to arrange for provision of careers services for others.

Interpretation etc.

Minor and consequential amendments of enactments, and repeals.

Inspection.

Restriction on section 2 arrangements: sex industry

2A
  • (1) Arrangements made by the Secretary of State under section 2 may not include arrangements in respect of employment for sexual purposes.
  • (2) For the purposes of this section employment is for sexual purposes if—
  • (a) it involves the employee engaging in an activity, and
  • (b) the employee's activity, or the way in which it is performed, may reasonably be assumed to be intended solely or principally to stimulate one or more other persons sexually (by whatever means).
  • (3) The Secretary of State may by order specify exceptions to subsection (1).
  • (4) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

Additional Powers of Secretary of State.

Provision of services.

Provision of ancillary goods and services.

Financial provisions.

Interpretation etc.

Minor and consequential amendments of enactments, and repeals.

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