Industrial Training Act 1982

Establishment and winding up of industrial training boards

Establishment of industrial training boards

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• (1) For the purpose of making better provision for the training of persons over compulsory school age (in Scotland school age) for employment in any activities of industry or commerce the Secretary of State may, subject to the provisions of this section, make an order specifying those activities and establishing a board to exercise in relation to them the functions conferred on industrial training boards by the following provisions of this Act.

• (2) In this Act—

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• “ base period ” has the meaning assigned to it by section 11(2E) below;

• “ 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 13(1) below;

• “ industrial training board ” means (subject to section 20(2) below) a board established under this section or section 1 of the Industrial Training Act 1964;

• “ industrial training order ” means an order under this section;

• “ the industry ”, in relation to an industrial training board, means the activities in relation to which it exercises functions;

• “ levy order ” has the meaning assigned to it by section 11(2) below; ...

• “ levy period ” has the meaning assigned to it by section 11(2A) below; and

• “ levy proposals ” has the meaning assigned to it by section 11(1) below.

• (3) The provisions of Schedule 1 to this Act shall have effect with respect to industrial training boards.

• (4) Before making an industrial training order the Secretary of State shall consult—

• (a) such organisations or associations of organisations appearing to him to be representative of substantial numbers of employers, and such bodies established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, as he thinks fit; and

• (b) such other organisations, associations or bodies (if any) as he thinks fit.

• (6) Any consultations required to be carried out under this section may be in such form and in respect of such matters (whether or not related to the making of a specific order) as the Secretary of State . . . thinks fit.

• (7) An industrial training order may provide for any incidental or supplementary matter for which it appears to the Secretary of State to be necessary or expedient to provide and an order amending or revoking such an order may provide for any incidental, transitional or consequential matter for which it appears to the Secretary of State to be necessary or expedient to provide; and, without prejudice to the generality of the foregoing or to the powers implied in section 3(1)(b) below, the matters for which orders under this section may provide shall include the amendment or revocation of an order under that section.

• (8) The power to make an industrial training order shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Establishment of committees

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• (1) An industrial training board may—

• (a) appoint committees (which need not include members of the board);

• (b) join with one or more other industrial training boards in appointing joint committees consisting of such persons (whether or not members of an industrial training board) as may be determined by the boards;

and delegate to any such committee, to such extent as may be stated in proposals submitted to and approved by the Secretary of State under section 5(5) below, all or any of the functions conferred on the board by section 5 or section 14(5) below.

• (2) An industrial training board may pay or, as the case may be, join in paying—

• (a) to the members of such a committee such allowances for loss of remunerative time as the Secretary of State may, with the approval of the Treasury, determine and such travelling, subsistence and other allowances as the board or, as the case may be, the boards may determine; and

• (b) to the chairman of any such committee to which functions mentioned in subsection (1) above are delegated such remuneration as the board or, as the case may be the boards may determine.

• (3) An industrial training board may make, or as the case may be join in making, such arrangements as the board may determine—

• (a) for the payment of pensions, superannuation allowances and gratuities to or in respect of the chairmen of such committees as are mentioned in subsection (2)(b) above;

• (b) for the payment of compensation to a person who ceases to be such a chairman otherwise than on the expiry of his term of office where it appears to the board that there are special circumstances which make it right for him to receive compensation.

• (4) Subject to any directions of the board or boards which appointed it, a committee appointed under this section may regulate its own procedure and fix a quorum for its proceedings.

Transfer of establishments' activities from industry of one board to that of another

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• (1) If an employer in the industry of an industrial training board requests the Secretary of State in writing to secure that the activities carried on at a particular establishment of the employer 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 Secretary of State—

• (a) shall consult both boards in question about the request; and

• (b) after such consultation, may if he thinks fit make an order giving effect to that request.

• (2) The power to make an order under this section shall be exercisable by statutory instrument.

Winding up of boards

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• (1) An order made under section 1 above revoking an industrial training order (in this section referred to as “a revocation order”) shall provide for the winding up of the industrial training board.

• (2) A revocation order may provide—

• (a) for the imposition of a levy on employers in the industry (whether or not exemption certificates have been issued to them), other than such (if any) as may be exempted by the order, for the purpose of raising the whole or part of any amount by which the assets of the board may be insufficient to meet its liabilities and the expenses of the winding up; and

• (b) for any assets of the board which are not required to meet those liabilities and expenses to be transferred to the Secretary of State and for those assets to be applied for purposes specified in the order.

Any reference in this subsection to the assets of the board is a reference to the assets (if any) held by it after the making of any transfer or transfers under section 3A(1) above.

• (3) A revocation order making provision for the imposition of a levy—

• (a) may provide for payments by way of levy to accrue due from day to day over a period specified in the order; and

• (b) may contain provisions as to the evidence by which a person’s liability to the levy or his discharge of that liability may be established and as to the time at which any amount payable by any person by way of levy shall (whether or not any period over which that amount accrues due has expired) become due and recoverable by the board.

• (4) A person assessed to levy imposed under a revocation order may appeal to an employment tribunals and a revocation order imposing a levy shall make provision as to the time within which such an appeal may be made.

• (5) On an appeal under subsection (4) above—

• (a) if the appellant satisfies the tribunal that he ought not to have been assessed to the levy or ought to have been assessed in a smaller amount, the tribunal shall rescind or, as the case may be, reduce the assessment but (subject to paragraph (b) below) in any other case shall confirm it; and

• (b) if it appears to the tribunal that the appellant ought to have been assessed to the levy in a larger amount, the tribunal may increase the assessment accordingly.

• (6) Where a revocation order has been made for the winding up of an industrial training board the Secretary of State may out of moneys provided by Parliament—

• (a) pay such pension, superannuation allowance or gratuity to or in respect of the former chairman of the board as he may with the approval of the Treasury determine; and

• (b) pay such sums as he may so determine to the trustees of the Industrial Training Boards’ Combined Pension Fund for the purpose of meeting the whole or part of any shortfall in the assets of the Fund referable to the pensions, superannuation allowances and gratuities payable in respect of the former officers and servants of the board.

Functions of boards

Functions of boards

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• (1) For the purpose of encouraging adequate training of persons employed or intending to be employed in the industry, an industrial training board—

• (a) may provide or secure the provision of such courses and other facilities (which may include residential accommodation) for the training of those persons as the board considers adequate, having regard to any courses or facilities otherwise available to those persons;

• (b) may approve such courses and facilities provided by other persons;

• (c) may from time to time consider such employments in the industry as appear to require consideration and publish recommendations with regard to the nature and length of the training for any such employment and the post-school education to be associated with the training, the persons by and to whom the training ought to be given, the standards to be attained as a result of the training and the methods of ascertaining whether those standards have been attained;

• (d) may apply or make arrangements for the application of selection tests and of tests or other methods for ascertaining the attainment of any standards recommended by the board and may award certificates of the attainment of those standards;

• (e) may assist persons in finding facilities for being trained for employment in the industry;

• (f) may carry on or assist other persons in carrying on research into any matter relating to training for employment in the industry;

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

• (2) An industrial training board may enter into contracts of service or apprenticeship with persons who intend to be employed in the industry and to attend courses or avail themselves of other facilities provided or approved by the board.

• (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 Secretary of State 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 . . . . . .of the Employment and Training Act 1973 or of section 2(3) of the Enterprise and New Towns (Scotland) Act 1990and may provide services or arrange for the provision of services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 (careers services);

but any expense incurred by the board in pursuance of paragraph (c) above shall not be defrayed out of sums received by way of levy.

• (4) An industrial training board may—

• (a) pay maintenance and travelling allowances to persons attending courses provided or approved by the board;

• (b) make grants or loans to persons providing courses or other facilities approved by the board, 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;

• (c) pay fees to persons providing post-school education in respect of persons who receive it in association with their training in courses provided or approved by the board;

• (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.

• (5) An industrial training board—

• (a) shall from time to time submit to the Secretary of State for his approval proposals for the exercise of functions conferred on the board by this section; and

• (b) may from time to time submit to the Secretary of State for his approval proposals for the delegation of all or any of those functions to committees established under section 2 above;

and the board shall exercise its functions under this section in accordance with proposals submitted to the Secretary of State and approved by him.

• (6) An industrial training board shall give to the Secretary of State such information or facilities for obtaining information with regard to the exercise of its functions, in such manner and at such times as the Secretary of State may reasonably require.

• (7) The functions conferred by this section which are exercisable outside Great Britain are those which are exercisable under provisions of it which are applied by section 10(1A) below in connection with the training of persons outside Great Britain under that section.

• (8) In this section “ post-school education ” means—

• (a) in England and Wales, “ higher education ” as defined by section 120(1) of the Education Reform Act 1988 or “ further education ” as defined by section 2(3) to (5) of the Education Act 1996; and

• (b) in Scotland, “ further education ” within the meaning of the Education (Scotland) Act 1980.

Power to obtain information from employers

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• (1) An industrial training board may require employers in the industry to furnish such returns and other information of a kind approved by the Secretary of State and to keep such records of a kind approved by him and produce them for examination on behalf of the board as appear to the board to be necessary for carrying out its functions.

• (2) Subject to subsection (3) below, returns and other information furnished in pursuance of subsection (1) above and any information obtained on an examination made in pursuance of that subsection shall not, without the consent of the employer to whose business the returns or information relate, be disclosed otherwise than to the Secretary of State or one of his officers, or to an industrial training board or a committee appointed by such a board, or an officer of such a board or committee or any person entitled to take part in the proceedings of such a board . . .

• (3) Subsection (2) above shall not apply—

• (a) to the disclosure of returns or information in the form of a summary of similar returns or information furnished by or obtained from a number of employers, if the summary is so framed as not to enable particulars relating to any individual business to be ascertained from it;

• (b) to any disclosure of information made for the purposes of any legal proceedings pursuant to this Act or any criminal proceedings, whether pursuant to this Act or not, or for the purposes of any report of any such proceedings.

• (4) A certificate purporting to be issued by or on behalf of the Secretary of State and stating that he has approved any kind of information, return or record for the purposes of subsection (1) above shall in any legal proceedings be evidence, and in Scotland sufficient evidence, of the facts stated in the certificate.

• (5) If any person fails to comply with any requirement made under subsection (1) above he shall be liable on summary conviction to a fine not exceeding £100level 4 on the standard scale or, on a second or subsequent conviction, £200level 4 on the standard scale.

• (6) If any person—

• (a) knowingly or recklessly furnishes, in pursuance of any requirement made under subsection (1) above, any return or other information which is false in a material particular, or

• (b) wilfully makes a false entry in any record required to be produced under that subsection or, with intent to deceive, makes use of any such entry which he knows to be false, or

• (c) discloses any information in contravention of subsection (2) above,

he shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the prescribed sum or to both, or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

• (7) In subsection (6) above “the prescribed sum” means—

• (a) if the offence was committed in England or Wales, the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act); and

• (b) if the offence was committed in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (£1,000 or other sum substituted by order under section 289D(1) of that Act).

• (8) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.