Industrial Training Act 1982 in Northern Ireland

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.

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 . . . F1

Subsection (2) above shall not apply—

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.

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 F2£100level 4 on the standard scale or, on a second or subsequent conviction, F3£200level 4 on the standard scale.

If any person—

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.

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

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.

The F1Secretary of State may direct an industrial training board to exercise the power to require the furnishing of information which is conferred on the board by section 6(1) above (in this section referred to as “the information 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 F2Secretary of State considers that he needs for the purposes of his functions and as is so specified; and it shall be the duty of the board to comply with the direction.

An industrial training board shall not exercise the information power except—

and any application by a board for approval in pursuance of paragraph (b) above must be made to the F3Secretary of State and contain such information as he may require with respect to the proposed exercise of the information power.

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An approval of an application given by the Secretary of State in pursuance of subsection (2)(b) above may be given subject to conditions that the board in question may exercise the information 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.

Subject to subsection (2) below, the Secretary of State may . . . F1direct an industrial training board to publish in the report made by it under section 8(3) above, or otherwise as he may direct, such information in the possession of the board as he may specify in the direction.

No direction under this section shall require any information which is so framed as to enable particulars relating to any individual employer or establishment of an employer to be ascertained from it to be published without the consent of the employer in question.

An industrial training board may, with the consent . . . F2of the Secretary of State, exercise such functions in connection with training for employment in a similar industry outside Great Britain as are exercisable by it under the relevant provisions in connection with the training of persons employed or intending to be employed in the industry in Great Britain.

In subsection (1) above “ the relevant provisions ” means—

An industrial training board may delegate any power exercisable by it by virtue of this section to a committee (which need not include members of the board) appointed for that purpose or to any committee appointed under section 2 above.

An industrial training board shall keep separate accounts—

and no money raised by a levy imposed under this Act shall be carried to an account kept in pursuance of paragraph (a) above, and any expenses and liabilities incurred by the board under this section shall be disregarded for the purposes of section 4(2) above and section 11(1) below.

An industrial training board may from time to time and, subject to subsection (2) below, shall always at or before the time when it submits levy proposals under section 11 above submit to the F1Secretary of State for his approval proposals for the issue of certificates (in this Act referred to as “exemption certificates”) which while in force are to exempt from relevant levy employers in the industry who—

and in this subsection F3“post-school education” has the same meaning as in section 5 above and“relevant levy” means levy which, apart from any exemption certificate, is payable to the board in question by virtue of this Act by employers in the industry, other than levy which the levy order authorising it provides is to be payable notwithstanding any exemption certificate.

An industrial training board shall not be obliged to submit proposals under subsection (1) above for the issue of exemption certificates to any category of employer at or before the time when it submits levy proposals in respect of a levy on those employers which include—

F7In this subsection “the relevant emoluments” has the meaning given by section 11(8) above.

The criteria for arrangements made by employers which by virtue of paragraph (b) of subsection (1) above are to be specified in proposals submitted under that subsection must relate to the quality or amount of training, or training and education, provided for by the arrangements, but need not relate solely to the needs of establishments of the employers and the proposals may specify different criteria as respects arrangements made by different categories of employers.

The Secretary of State . . . F8may issue guidance concerning the criteria which by virtue of paragraph (b) of subsection (1) above are to be specified in proposals submitted under that subsection.

If the Secretary of State approves proposals submitted to him by a board under subsection (1) above and informs the board of his approval, the board shall arrange for them to be published as soon as practicable in a manner approved by the Secretary of State.

Proposals made by a board in pursuance of subsection (1) above—

but proposals made by virtue of paragraph (b) above shall not affect the operation of any exemption certificates issued in pursuance of previous proposals.

The F1Secretary of State may direct an industrial training board to submit proposals to him under section 5(5), 11(1) or 13(1) above within the time specified in the direction and it shall be the duty of the board to comply with such a direction.

Where proposals submitted to the Secretary of State under section 5(5), 11(1) or 13(1) above appear unsatisfactory to him, he may direct the board to submit fresh proposals within a specified time, stating in the direction in what respect the proposals already submitted appear to him unsatisfactory; and where the fresh proposals also appear unsatisfactory to the Secretary of State, he may make an order (in this section referred to as “ a default order ”) declaring the board to be in default.

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Where a board has failed to comply with a direction of the Secretary of State under subsection (1) or (2) above within the time specified in the direction, he may make a default order.

On the making of a default order the members of the board shall forthwith vacate their office and the order may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in place of the members of the board during such period, not exceeding six months, as may elapse before new members are appointed.

While a default order is in force with respect to a board paragraph 3 of Schedule 1 to this Act and any provision of the industrial training order made by virtue of paragraph 8(a) of that Schedule shall not apply in relation to it, and accordingly (but without prejudice to any provision made under subsection (8) below) paragraph 6 of that Schedule shall not apply.

A default order may contain such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient and may be varied or revoked by a subsequent order.

The Secretary of State may out of moneys provided by Parliament defray the expenses of any person acting in the place of the members of a board in pursuance of subsection (6) above and recover from the board any expenses so defrayed.

No employer shall be liable to any levy imposed under this Act in respect of any establishment situated wholly or mainly within an area designated as an enterprise zone under Schedule 32 to the M1Local Government, Planning and Land Act 1980; and for the purposes of any levy order such an establishment shall be treated as if it were not carrying on business.

No levy shall be imposed under this Act by reference to emoluments paid or payable to an employee whose employment is carried on at or from such an establishment as is mentioned in subsection (1) above.

An employer shall not be obliged to comply with a requirement imposed under section 6 above in respect of an establishment or employee if—

The Secretary of State may by order made by statutory instrument provide that this section shall not apply in relation to such employees or such establishments as he may specify in the order or shall apply to them with such modifications as he may so specify . . . F1

An order made by virtue of subsection (4) above shall be subject to annulment by a resolution of either House of Parliament.

The F1Secretary of State may make grants and loans to an industrial training board.

The F2Secretary of State may give to an industrial training board such directions as F3he thinks fit for the purpose of securing—

and it shall be the duty of the board to comply with the directions.

An industrial training board may, with the consent of the F4Secretary of State or in accordance with the terms of any authority given by F5him, borrow temporarily from any other person by way of overdraft or otherwise such sums as it may require.

An industrial training board may give security for any money borrowed by it.

An industrial training board shall not invest any money otherwise than in such manner as the F6Secretary of State may approve.

In relation to accidents happening to employed earners (within the meaning of Chapter IV of Part II of the M1Social Security Act 1975) who attend courses or avail themselves of other facilities provided or approved by an industrial training board F1, the Commission or the Secretary of State, sections 52 to 54 of that Act have effect subject to the following modifications.

For the purposes of section 52, any act done by the employed earner for the purposes of and in connection with his training shall, if it is not done for the purposes of and in connection with his employer’s trade or business, be deemed to be so done.

For the purposes of section 53, a vehicle (within the meaning of that section) which is operated by or on behalf of an industrial training board , the Commission or the Secretary of State or some other person by whom it is provided in pursuance of arrangements made with an industrial training board , the Commission or the Secretary of State shall, if not operated and provided as mentioned in subsection (1)(b)(i) of that section, be deemed to be so operated and provided.

For the purposes of section 54, any premises at which an employed earner is for the time being employed for the purposes of his training shall, if they are not premises at which he is for the time being employed for the purposes of his employer’s trade or business, be deemed to be such premises.

Schedule 2 (transitional and saving provisions) and Schedule 3 (consequential amendments) to this Act shall have effect, but without prejudice to the operation of sections 15 to 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

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The enactments specified in Schedule 4 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

This Act may be cited as the Industrial Training Act 1982.

Section 287(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (power to extend provisions to offshore employment) applies to the provisions of this Act as to the provisions of that Act.

F2Subsection (1A) above and paragraph 4 of Schedule 3 extend to Northern Ireland, but except as aforesaid this Act shall not extend there.

This Act shall come into force at the expiry of the period of three months beginning with the day on which it is passed.

An industrial training board shall consist of—

A person appointed by virtue of sub-paragraph (1)(b) above shall at the time of his appointment be a person appearing to the Secretary of State to be concerned (whether as a director, manager or sole proprietor or otherwise) in the management of the activities, or any of the activities, of an employer engaging in the industry; and the reference in that provision to the appropriate consultation is a reference to consultation with such organisations, or associations of organisations, representative of employers engaging in the industry as appear to the Secretary of State to be appropriate.

The Secretary of State shall not make any appointment by virtue of sub-paragraph (1)(c) above if to do so would result in the number of persons for the time being appointed by virtue of that provision being equal to, or greater than, the number of persons for the time being appointed by virtue of sub-paragraph (1)(b) above.

References in the following provisions of this Schedule to a chairman include a deputy chairman.

The Secretary of State, the Minister concerned with education in Scotland, the Ministers concerned with education in England and Wales (acting jointly) . . . F1and, if the Secretary of State thinks fit in a particular case, such other Ministers in charge of government departments as he may specify may each appoint one person to attend the meetings of an industrial training board; and any person so appointed shall be entitled to take part in the proceedings of the board and receive copies of all documents distributed to its members, but shall have no vote.

The F2Secretary of State 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.

the tenure of office of the members of the board;

the quorum and, subject to paragraphs 6 and 7 above, the proceedings and meetings of the board;

the execution of instruments by and on behalf of the board and the proof of documents purporting to be executed, issued or signed by the board or a member, officer or servant thereof;