Number 5 of 1967

INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 18 July 2016

This Revised Act is an administrative consolidation of the Industrial Training Act 1967. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including Industrial Training (Insurance Industry) Order 2016 (S.I. No. 382 of 2016), made 18 July 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 5 of 1967

INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 18 July 2016

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Industrial Training Acts 1967 and 1994: this Act is one of two Acts included in this collective citation (Industrial Training (Apprenticeship Levy) Act 1994, s. 17(3)). The Acts in the group are:

• Industrial Training Act 1967 (5/1967)

• Industrial Training (Apprenticeship Levy) Act 1994 (3/1994) (repealed)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• State Airports (Shannon Group) Act 2014 (27/2014)

• Education and Training Boards Act 2013 (11/2013)

• National Training Fund Act 2000 (41/2000)

• National Minimum Wage Act 2000 (5/2000)

• Finance Act 1999 (2/1999)

• Industrial Training (Apprenticeship Levy) Act 1994 (3/1994)

• Labour Services Act 1987 (15/1987)

• Redundancy Payments Act 1979 (7/1979)

• Redundancy Payments Act 1967 (21/1967)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Industrial Training (Insurance Industry) Order 2016 (S.I. No. 382 of 2016)

• Industrial Training (Heavy Goods Industry) Order 2016 (S.I. No. 381 of 2016)

• Industrial Training (Financial Services Industry) Order 2016 (S.I. No. 380 of 2016)

• Industrial Training (Culinary Industry) Order 2016 (S.I. No. 379 of 2016)

• Industrial Training (Bakery Industry) Order 2016 (S.I. No. 378 of 2016)

• Industrial Training (Accountancy Industry) Order 2016 (S.I. No. 377 of 2016)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010(S.I. No. 187 of 2010)

• Industrial Training Levy (Textiles Industry, 1999 Scheme) Order 1998 (S.I. No. 474 of 1998)

• Industrial Training Levy (Engineering Industry, 1999 Scheme) Order 1998 (S.I. No. 473 of 1998)

• Industrial Training Levy (Chemical and Allied Products Industry, 1999 Scheme) Order 1998 (S.I. No. 472 of 1998)

• Industrial Training Levy (Clothing and Footwear Industry, 1999 Scheme) Order 1998 (S.I. No. 471 of 1998)

• Industrial Training Levy (Food, Drink and Tobacco Industry, 1999 Scheme) Order 1998 (S.I. No. 470 of 1998)

• Industrial Training Levy (Chemical and Allied Products Industry, 1998 Scheme) Order 1998 (S.I. No. 127 of 1998)

• Industrial Training Levy (Textiles Industry, 1998 Scheme) Order 1997 (S.I. No. 454 of 1997)

• Industrial Training Levy (Engineering Industry, 1998 Scheme) Order 1997 (S.I. No. 453 of 1997)

• Industrial Training Levy (Clothing and Footwear Industry, 1998 Scheme) Order 1997 (S.I. No. 452 of 1997)

• Industrial Training Levy (Chemical and Allied Products Industry 1998 Scheme) Order 1997 (S.I. No. 451 of 1997)

• Industrial Training Levy (Food, Drink and Tobacco Industry, 1998 Scheme) Order 1997 (S.I. No. 450 of 1997)

• Labour Services Act 1987—Apprenticeship Rules 1997 (S.I. No. 168 of 1997)

• Industrial Training (Printing and Paper Committee) (Amendment) Order 1997 (S.I. No. 51 of 1997)

• Industrial Training (Engineering Committee) (Amendment) Order 1997 (S.I. No. 50 of 1997)

• Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1997 (S.I. No. 49 of 1997)

• Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1997 (S.I. No. 48 of 1997)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1997 (S.I. No. 47 of 1997)

• Industrial Training (Construction Committee) (Amendment) Order 1997 (S.I. No. 46 of 1997)

• Industrial Training Levy (Textiles Industry, 1997 Scheme) Order (S.I. No. 356 of 1996)

• Industrial Training Levy (Engineering Industry, 1997 Scheme) Order (S.I. No. 355 of 1996)

• Industrial Training Levy (Food, Drink and Tobacco Industry, 1997 Scheme) Order (S.I. No. 354 of 1996)

• Industrial Training Levy (Chemical and Allied Products Industry, 1997 Scheme) Order (S.I. No. 353 of 1996)

• Industrial Training Levy (Clothing and Footwear Industry, 1997 Scheme) Order (S.I. No. 352 of 1996)

• Industrial Training Levy (Engineering Industry, 1996) Order (S.I. No. 329 of 1995)

• Industrial Training Levy (Chemical and Allied Products Industry, 1996) Order (S.I. No. 328 of 1995)

• Industrial Training Levy (Food, Drink and Tobacco Industry, 1996) Order (S.I. No. 327 of 1995)

• Industrial Training Levy (Clothing and Footwear Industry, 1996) Order (S.I. No. 326 of 1995)

• Industrial Training Levy (Textiles Industry, 1996) Order (S.I. No. 325 of 1995)

• Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995)

• Industrial Training Levy (Textiles Industry) Order 1994 (S.I. No. 358 of 1994)

• Industrial Training Levy (Engineering Industry) Order 1994 (S.I. No. 357 of 1994)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1994 (S.I. No. 356 of 1994)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1994 (S.I. No 355 of 1994)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1994 (S.I. No. 354 of 1994)

• Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. No. 228 of 1994)

• Industrial Training Levy (Textiles Industry) Order 1993(S.I. No. 369 of 1993)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1993 (S.I. No. 368 of 1993)

• Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 367 of 1993)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 366 of 1993)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 365 of 1993)

• Labour Services Act 1987—Apprenticeship Rules 1993 (S.I. No. 236 of 1993)

• Industrial Training Levy (Printing and Paper Industry) Order 1993 (S.I. No. 118 of 1993)

• Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 117 of 1993)

• Industrial Training Levy (Construction Industry) Order 1993 (S.I. No. 116 of 1993)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 75 of 1993)

• Industrial Training Levy (Textiles Industry) Order 1993 (S.I. No. 74 of 1993)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1993 (S.I. No. 73 of 1993)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 72 of 1993)

• Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993)

• Industrial Training (Construction Committee) (Amendment) Order No. 2 1992 (S.I. No. 335 of 1992)

• Industrial Training (Printing and Paper Committee) (Amendment) Order No. 2 1992 (S.I. No. 334 of 1992)

• Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order No. 2 1992 (S.I. No. 333 of 1992)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order No. 2 1992 (S.I. No. 332 of 1992)

• Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order No. 2 1992 (S.I. No. 331 of 1992)

• Industrial Training (Engineering Committee) (Amendment) Order No. 2 1992 (S.I. No. 330 of 1992)

• Industrial Training (Printing and Paper Committee) (Amendment) Order 1992 (S.I. No. 170 of 1992)

• Industrial Training (Construction Committee) (Amendment) Order 1992 (S.I. No. 169 of 1992)

• Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1992 (S.I. No. 168 of 1992)

• Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1992 (S.I. No. 167 of 1992)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1992 (S.I. No. 166 of 1992)

• Industrial Training (Engineering Committee) (Amendment) Order 1992 (S.I. No. 165 of 1992)

• Industrial Training Levy (Construction Industry) Order 1991 (S.I. No. 300 of 1991)

• Industrial Training Levy (Engineering Industry) Order 1991 (S.I. No. 299 of 1991)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1991 (S.I. No. 298 of 1991)

• Industrial Training Levy (Textiles Industry) Order 1991 (S.I. No. 297 of 1991)

• Industrial Training Levy (Printing and Paper Industry) Order 1991 (S.I. No. 296 of 1991)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1991 (S.I. No. 295 of 1991)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1991 (S.I. No. 294 of 1991)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1990 (S.I. No. 310 of 1990)

• Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 309 of 1990)

• Industrial Training Levy (Construction Industry) Order 1990 (S.I. No. 308 of 1990)

• Industrial Training Levy (Engineering Industry) Order 1990 (S.I. No. 307 of 1990)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1990 (S.I. No. 306 of 1990)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1990 (S.I. No. 305 of 1990)

• Industrial Training Levy (Textiles Industry) Order 1990 (S.I. No. 304 of 1990)

• Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 79 of 1990)

• Industrial Training Levy (Engineering Industry) Order 1990 (S.I. No. 49 of 1990)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1990 (S.I. No. 48 of 1990)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1990 (S.I. No. 47 of 1990)

• Industrial Training Levy (Textiles Industry) Order 1990 (S.I. No. 46 of 1990)

• Industrial Training Levy (Construction Industry) Order 1990 (S.I. No. 45 of 1990)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1990 (S.I. No. 44 of 1990)

• Industrial Training Levy (Engineering Industry) Order 1989 (S.I. No. 249 of 1989)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1989 (S.I. No. 248 of 1989)

• Industrial Training Levy (Textiles Industry) Order 1989 (S.I. No. 247 of 1989)

• Industrial Training Levy (Printing and Paper Industry) Order 1989 (S.I. No. 246 of 1989)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1989 (S.I. No. 245 of 1989)

• Industrial Training (Textiles, Clothing and Footwear Committee) Order 1989 (S.I. No. 143 of 1989)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1989 (S.I. No. 142 of 1989)

• Industrial Training (Printing and Paper Committee) (Amendment) Order 1989 (S.I. No. 140 of 1989)

• Industrial Training (Construction Committee) (Amendment) Order 1989 (S.I. No. 139 of 1989)

• Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1989 (S.I. No. 138 of 1989)

• Industrial Training (Engineering Committee) (Amendment) Order 1989 (S.I. No. 137 of 1989)

• Industrial Training Levy (Construction Industry) Order 1988 (S.I. No. 272 of 1988)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1988 (S.I. No 194 of 1988)

• Industrial Training Levy (Printing and Paper Industry) Order 1988 (S.I. No. 139 of 1988)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1988 (S.I. No. 33 of 1988)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1987 (S.I. No. 311 of 1987)

• Industrial Training Levy (Textiles Industry) Order 1987 (S.I. No. 310 of 1987)

• Industrial Training Levy (Engineering Industry) Order 1987 (S.I. No. 309 of 1987)

• Industrial Training Levy (Printing and Paper Industry) Order 1987 (S.I. No. 183 of 1987)

• Industrial Training Levy (Construction Industry) Order 1987 (S.I. No. 182 of 1987)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1987 (S.I. No. 181 of 1987)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1987 (S.I. No. 80 of 1987)

• Industrial Training Levy (Engineering Industry) Order 1987 (S.I. No. 4 of 1987)

• Industrial Training Levy (Food, Drink and Tobacco Industry) (Amendment) Order 1986 (S.I. No. 3 of 1987)

• Industrial Training Levy (Textiles Industry) Order 1986 (S.I. No. 361 of 1986)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1986 (S.I. No. 360 of 1986)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1986 (S.I. No. 282 of 1986)

• Industrial Training Levy (Construction Industry) Order 1986(S.I. No. 245 of 1986)

• Industrial Training Levy (Printing and Paper Industry) Order 1986 (S.I. No. 219 of 1986)

• Industrial Training Levy (Engineering Industry) Order 1986(S.I. No. 64 of 1986)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1986 (S.I. No. 39 of 1986)

• Industrial Training Levy (Textiles Industry) Order 1985 (S.I. No. 389 of 1985)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1985 (S.I. No. 299 of 1985)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1985 (S.I. No. 298 of 1985)

• Industrial Training Levy (Construction Industry) Order 1985 (S.I. No. 173 of 1985)

• Industrial Training Levy (Printing and Paper Industry) Order 1985 (S.I. No. 164 of 1985)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1985 (S.I. No. 74 of 1985)

• Industrial Training Levy (Engineering Industry) Order 1984 (S.I. No. 302 of 1984)

• Industrial Training Levy (Textiles Industry) Order 1984 (S.I. No. 274 of 1984)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1984 (S.I. No. 226 of 1984)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1984 (S.I. No. 212 of 1984)

• Industrial Training Levy (Construction Industry) Order 1984 (S.I. No. 195 of 1984)

• Industrial Training Levy (Printing and Paper Industry) Order 1984 (S.I. No. 164 of 1984)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1984 (S.I. No. 97 of 1984)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1984 (S.I. No. 79 of 1984)

• Industrial Training Levy (Engineering Industry) Order 1983 (S.I. No. 357 of 1983)

• Industrial Training Levy (Textiles Industry) Order 1983 (S.I. No. 356 of 1983)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1983 (S.I. No. 251 of 1983)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1983 (S.I. No. 250 of 1983)

• Industrial Training Levy (Printing and Paper Industry) Order 1983 (S.I. No. 196 of 1983)

• Industrial Training Levy (Construction Industry) Order 1983 (S.I. No. 195 of 1983)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1983 (S.I. No. 118 of 1983)

• Industrial Training Levy (Textiles Industry) Order 1982 (S.I. No. 353 of 1982)

• Industrial Training Levy (Engineering Industry) Order 1982 (S.I. No. 326 of 1982)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1982 (S.I. No. 291 of 1982)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1982 (S.I. No. 290 of 1982)

• Industrial Training Levy (Construction Industry) Order 1982 (S.I. No. 214 of 1982)

• Industrial Training Levy (Printing and Paper Industry) Order 1982 (S.I. No. 213 of 1982)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1982 (S.I. No. 175 of 1982)

• Industrial Training (Textiles Committee) (Amendment) Order 1982 (S.I. No. 119 of 1982)

• Industrial Training (Clothing and Footwear Committee) (Amendment) Order 1982 (S.I. No. 118 of 1982)

• Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1982 (S.I. No. 117 of 1982)

• Industrial Training (Engineering Committee) (Amendment) Order 1982 (S.I. No. 116 of 1982)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1982 (S.I. No. 115 of 1982)

• Industrial Training (Printing and Paper Committee) (Amendment) Order 1982 (S.I. No. 114 of 1982)

• Industrial Training (Construction Committee) (Amendment) Order 1982 (S.I. No. 113 of 1982)

• Industrial Training Levy (Engineering Industry) (No. 2) Order 1981 (S.I. No. 419 of 1981)

• Industrial Training Levy (Textiles Industry) (No. 2) Order 1981 (S.I. No. 411 of 1981)

• Apprenticeship Act (Designated Trade) (Printing Trade) Amendment Order 1981 (S.I. No. 379 of 1981)

• Industrial Training (Engineering Committee) (Amendment) Order 1981 (S.I. No. 378 of 1981)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1981 (S.I. No. 315 of 1981)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1981 (S.I. No. 305 of 1981)

• Industrial Training Levy (Construction Industry) Order 1981 (S.I. No. 251 of 1981)

• Industrial Training Levy (Printing and Paper Industry) Order 1981 (S.I. No. 244 of 1981)

• Industrial Training Levy (Textiles Industry) Order 1981 (S.I. No. 111 of 1981)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1981 (S.I. No. 97 of 1981)

• Industrial Training Levy (Engineering Industry) Order 1980 (S.I. No. 380 of 1980)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1980 (S.I. No. 289 of 1980)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1980 (S.I. No. 288 of 1980)

• Industrial Training Levy (Printing and Paper Industry) Order 1980 (S.I. No. 207 of 1980)

• Industrial Training Levy (Construction Industry) Order 1980 (S.I. No. 180 of 1980)

• Industrial Training Levy (Textiles Industry) Order 1980 (S.I. No. 86 of 1980)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1980 (S.I. No. 77 of 1980)

• Industrial Training Levy (Engineering Industry) Order 1979 (S.I. No. 376 of 1979)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1979 (S.I. No. 310 of 1979)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1979 (S.I. No. 309 of 1979)

• Industrial Training Levy (Construction Industry) Order 1979 (S.I. No. 230 of 1979)

• Industrial Training Levy (Printing and Paper Industry) Order 1979 (S.I. No. 226 of 1979)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1979 (S.I. No. 83 of 1979)

• Industrial Training Levy (Textiles Industry) Order 1979 (S.I. No. 82 of 1979)

• Industrial Training Levy (Engineering Industry) Order 1978 (S.I. No. 354 of 1978)

• The Industrial Training Order 1978 (S.I. No. 312 of 1978)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1978 (S.I. No. 261 of 1978)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1978 (S.I. No. 260 of 1978)

• Industrial Training Levy (Construction Industry) Order 1978 (S.I. No. 222 of 1978)

• Industrial Training Levy (Printing and Paper Industry) Order 1978 (S.I. No. 177 of 1978)

• Industrial Training Levy (Textiles Industry) Order 1978 (S.I. No. 80 of 1978)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1978 (S.I. No. 58 of 1978)

• Industrial Training Levy (Engineering Industry) Order 1977 (S.I. No. 364 of 1977)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1977 (S.I. No. 301 of 1977)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1977 (S.I. No. 300 of 1977)

• Industrial Training Levy (Construction Industry) Order 1977 (S.I. No. 236 of 1977)

• Industrial Training Levy (Printing and Paper Industry) Order 1977 (S.I. No. 179 of 1977)

• Industrial Training Levy (Textiles Industry) Order 1977 (S.I. No. 87 of 1977)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1977 (S.I. No. 81 of 1977)

• Period of Apprenticeship Amendment Order 1977 (S.I. No. 57 of 1977)

• Industrial Training Levy (Engineering Industry) Order 1976 (S.I. No. 298 of 1976)

• Period of Apprenticeship Amendment Order 1976 (S.I. No. 205 of 1976)

• Apprenticeship Educational Qualifications Amendment Order 1976 (S.I. No. 204 of 1976)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1976 (S.I. No. 203 of 1976)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1976 (S.I. No. 202 of 1976)

• Industrial Training Levy (Construction Industry) Order 1976 (S.I. No. 179 of 1976)

• Industrial Training (Printing and Paper Committee) (Amendment) Order 1976 (S.I. No. 136 of 1976)

• Industrial Training Act (Revocation of Initial Registration Fee) Order 1976 (S.I. No. 131 of 1976)

• Industrial Training Levy (Textiles Industry) Order 1976 (S.I. No. 55 of 1976)

• Industrial Training Levy (Printing and Paper Industry) Order 1976 (S.I. No. 54 of 1976)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1976 (S.I. No 25 of 1976)

• Industrial Training Levy (Engineering Industry) Order 1975 (S.I. No. 242 of 1975)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1975 (S.I. No. 184 of 1975)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1975 (S.I. No. 183 of 1975)

• Industrial Training Levy (Construction Industry) Order 1975 (S.I. No. 129 of 1975)

• Industrial Training (Engineering Committee) (Amendment) Order 1975 (S.I. No. 104 of 1975)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1975 (S.I. No. 51 of 1975)

• Industrial Training Levy (Textiles Industry) Order 1975 (S.I. No. 50 of 1975)

• Industrial Training Levy (Printing and Paper Industry) Order 1975 (S.I. No. 49 of 1975)

• Industrial Training Levy (Engineering Industry) Order 1975 (S.I. No. 1 of 1975)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1974 (S.I. No. 289 of 1974)

• Industrial Training Levy (Construction Industry) Order 1974 (S.I. No. 101 of 1974)

• Industrial Training Levy (Printing and Paper Industry) Order 1974 (S.I. No. 100 of 1974)

• Industrial Training Levy (Textiles Industry) Order 1974 (S.I. No. 73 of 1974)

• Industrial Training Levy (Chemical and Allied Products Industry) Order 1974 (S.I. No. 72 of 1974)

• Industrial Training Levy (Engineering Industry) Order 1973 (S.I. No. 336 of 1973)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1973 (S.I. No. 264 of 1973)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1973 (S.I. No. 253 of 1973)

• Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1973 (S.I. No. 203 of 1973)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1970 (Amendment) Order 1973 (S.I. No. 82 of 1973)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1971 (Amendment) Order 1973 (S.I. No. 81 of 1973)

• Industrial Training Levy (Textiles Industry) Order, 1970 (Amendment) Order 1973 (S.I. No. 80 of 1973)

• Industrial Training Levy (Construction Industry) Order 1973 (S.I. No. 79 of 1973)

• Industrial Training Levy (Engineering Industry) Order 1973 (S.I. No. 75 of 1973)

• Industrial Training Levy (Textiles Industry) Order 1972 (S.I. No. 321 of 1972)

• Industrial Training Levy (Printing and Paper Industry) Order 1972 (S.I. No. 305 of 1972)

• Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1972 (S.I. No. 297 of 1972)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1972 (S.I. No. 206 of 1972)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1972 (S.I. No. 205 of 1972)

• Industrial Training Levy (Construction Industry) Order, 1971 (Amendment) Order 1972 (S.I. No. 199 of 1972)

• Industrial Training Levy (Engineering Industry) Order, 1971 (Amendment) Order 1972 (S.I. No. 198 of 1972)

• Industrial Training Levy (Textiles Industry) Order, 1971 (Amendment) Order 1972 (S.I. No. 197 of 1972)

• Industrial Training (Chemical and Allied Products Industry) Order 1972 (S.I. No. 181 of 1972)

• Industrial Training (Textiles Committee) (Amendment) Order 1972 (S.I. No. 107 of 1972)

• Industrial Training (Construction Committee) (Amendment) Order 1972 (S.I. No. 106 of 1972)

• Industrial Training Levy (Construction Industry Order 1971 (S.I. No. 299 of 1971)

• Industrial Training Levy (Textiles Industry) Order 1971 (S.I. No. 266 of 1971)

• Industrial Training Levy (Engineering Industry) Order 1971 (S.I. No. 220 of 1971)

• Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1971 (S.I. No. 9 of 1971)

• Industrial Training Levy (Clothing and Footwear Industry) Order 1970 (S.I. No. 270 of 1970)

• Industrial Training Levy (Appeal Tribunal) Regulations 1970 (S.I. No. 166 of 1970)

• Industrial Training Levy (Textiles Industry) Order 1970 (S.I. No. 131 of 1970)

• Industrial Training (Textiles Industry) (Amendment) Order 1970 (S.I. No. 97 of 1970)

• Industrial Training (Printing and Paper Committee) Order 1970 (S.I. No. 87 of 1970)

• Industrial Training (Printing and Paper Industry) Order 1970 (S.I. No. 21 of 1970)

• Industrial Training (Food, Drink and Tobacco Committee) Order 1970 (S.I. No. 3 of 1970)

• Industrial Training (Food, Drink and Tobacco Industry) Order 1969 (S.I. No. 260 of 1969)

• Industrial Training (Clothing & Footwear Committee) Order 1969 (S.I. No. 219 of 1969)

• Industrial Training (Construction Committee) Order 1969 (S.I. No. 172 of 1969)

• Industrial Training (Textiles Committee) Order 1969 (S.I. No. 171 of 1969)

• Industrial Training (Engineering Committee) Order 1969 (S.I. No. 121 of 1969)

• Industrial Training (Construction Industry) Order 1969 (S.I. No. 47 of 1969)

• Industrial Training (Clothing and Footwear Industry) Order 1969 (S.I. No. 44 of 1969)

• Industrial Training (Engineering Industry) Order 1969 (S.I. No. 40 of 1969)

• Industrial Training (Textiles Industry) Order 1968 (S.I. No. 278 of 1968)

• Industrial Training Act 1967 (Establishment Day) Order 1967 (S.I. No. 117 of 1967)

All statutory instruments up to and including Industrial Training (Insurance Industry) Order 2016 (S.I. No. 382 of 2016), made 18 July 2016, were considered in the preparation of this revision.

Number 5 of 1967

INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 18 July 2016

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day.

4.

Application in relation to employment by the State.

5.

Rules (prescribed matters).

6.

Expenses of Minister.

7.

Repeals.

PART II

An Chomhairle Oiliúna

8.

Establishment of An Chomhairle Oiliúna.

9.

Functions of An Chomhairle.

10.

Chairman’s superannuation scheme.

11.

Chief Officer.

12.

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

13.

Superannuation of officers and servants of An Chomhairle.

14.

Accounts and Audits.

15.

Annual Report, etc.

16.

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

17.

Power of An Chomhairle to borrow temporarily.

18.

Gifts.

PART III

Industrial Training

Chapter I

Grants, Loans and Levies

19.

Grants and loans for provision of certain courses and facilities.

20.

Grants for training of workers in certain undertakings.

21.

Levies.

22.

Appeal tribunals.

Chapter II

Designated Industrial Activities

23.

Designated industrial activities.

24.

Industrial training committees.

25.

Joint industrial training committees.

26.

Power to obtain information from employers.

Chapter III

Apprenticeship

27.

Apprentice.

28.

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

29.

Notice of intention to make rules.

30.

Publication of notice of making of rules.

31.

Taking of persons into employment by way of apprenticeship.

32.

Education of apprentices.

33.

Register of persons employed as apprentices.

34.

Notifications.

35.

Interference with employers.

36.

Arrangements in case of trade dispute.

Chapter IV

Miscellaneous

37.

Advisory committees.

38.

Fees payable to An Chomhairle.

39.

Power to exempt employers in certain cases.

40.

Restriction of section 48 of Industrial Relations Act, 1946, and on certain agreements and orders under that Act.

PART IV

Miscellaneous

41.

Power to ensure the provision, as respects activity of industry, of trained persons.

42.

Powers of authorised officers.

43.

Certificates of authorised officers.

44.

Posting of copies or abstracts of rules.

45.

Offences and penalties.

46.

Prosecution of offences.

47.

Proof of orders, rules and regulations.

48.

Service and signing of notices.

49.

Transitional provisions.

FIRST SCHEDULE

SECOND SCHEDULE

Acts Referred to

Apprenticeship Act, 1959

1959, No. 39

Undeveloped Areas Act, 1952

1952, No. 1

Industrial Grants (Amendment) Act, 1963

1963, No. 4

Shannon Free Airport Development Company Limited Act, 1959

1959, No. 36

Industrial Relations Act, 1946

1946, No. 26

Documentary Evidence Act, 1925

1925, No. 24

Companies Act, 1963

1963, No. 33

Finance Act, 1895

1895, c. 16

Number 5 of 1967

INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 18 July 2016

AN ACT TO MAKE BETTER PROVISION FOR INDUSTRIAL AND COMMERCIAL TRAINING AND FOR THAT PURPOSE TO ESTABLISH A BODY TO BE KNOWN AS AN CHOMHAIRLE OILIÚNA AND TO DEFINE ITS POWERS AND DUTIES, TO PROVIDE FOR THE IMPOSITION BY AN CHOMHAIRLE OILIÚNA OF LEVIES FOR THE PROMOTION OF INDUSTRIAL AND COMMERCIAL TRAINING, TO REPEAL THE APPRENTICESHIP ACT, 1959, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7th March, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Functions transferred to Department of and Minister for Education and Science and references to “Department of Enterprise, Trade and Employment ” and “Minister for Enterprise, Trade and Employment ” construed (1.05.2010) by Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010), arts. 2 and 3, subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Education and Science.

(2) References to the Department of Enterprise, Trade and Employment contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Education and Science.

3. (1) The functions vested in the Minister for Enterprise, Trade and Employment by or under— ...

(b) the Industrial Training Act 1967 (No. 5 of 1967),

...

are transferred to the Minister for Education and Science.

(2) References to the Minister for Enterprise, Trade and Employment contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Minister for Education and Science.

(3) The functions of the Minister for Education and Science under sections 27(3) and 32(1) of the Industrial Training Act 1967 and paragraph 2(2) (inserted by section 9 of the Labour Services (Amendment) Act 2009 ) of Part I of the Schedule to the Labour Services Act 1987 are transferred to the Minister for Enterprise, Trade and Employment.

C2

Application of Act restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 5(b), S.I. No. 96 of 2000.

Non-application of Act.

5.—This Act does not apply to the remuneration of a person who is— ...

(b) an apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

C3

Functions transferred to Department of and Minister for Industry and Commerce and references to “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, subject to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Industry and Commerce.

(2) References to the Department of Labour contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the functions vested in the Minister for Labour by or under:—

(a) any Act mentioned in the Schedule to this Order, and

...

(2) References to the Minister for Labour contained in any Act or instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Industry and Commerce.

...

SCHEDULE

PART I

Acts functions under which are transferred from the Minister for Labour to the Minister for Industry and Commerce.

...

Industrial Training Act, 1967 (No. 5 of 1967).

...

Name of Department/Minister of Industry and Commerce changed to Department/Minister of Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993). Name of Department/Minister of Enterprise and Employment changed to Department/Minister of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 305 of 1997). Name of Department/Minister of Enterprise, Trade and Employment changed to Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010). Name of Department/Minister of Enterprise, Trade and Innovation changed to Department/Minister of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

C4

Instruments made under Act carried forward and validity of certain actions unaffected (18.07.1987) by Labour Services Act 1987 (15/1987), s. 21, commenced on enactment.

Saving for certain orders, regulations rules, exemptions, committees, etc.

21.—(1) Nothing in this Act shall affect the validity of any order, regulation, rule, exemption, approval or notice made, given or served, or any committee established, declared or appointed, by An Chomhairle under the Act of 1967 before the establishment day and every such order, regulation, rule, exemption, approval, notice and committee shall, if and in so far as it was operative or in existence, as the case may be, immediately before the establishment day, continue in force or continue in existence, as the case may be, and have effect on and after that day as if it had been validly made, given or served or established, declared or appointed under the Act of 1967 by An Foras.

(2) Nothing in this Act shall affect the validity of any act which was done before the establishment day by or on behalf of the Minister in connection with or for the purposes of the Manpower Service or by or on behalf of An Chomhairle or the Agency and every such act shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of An Foras.

Editorial Notes:

E1

Previous affecting provision: Act included in collective citation (25.03.1994) by Industrial Training (Apprenticeship Levy) Act 1994 (3/1994) s. 17(3), S.I. No. 61 of 1994; repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

PART I

Preliminary and General

Short title.

1

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

Interpretation.

2

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

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

“activity of industry” includes any activity of commerce or of a trade or occupation, and also includes any activity of a distinct branch of an industry, of commerce or of a trade or occupation, but does not include an activity of agriculture, horticulture or fishing which is an activity of primary production, or any activity of a professional occupation;

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

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

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

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

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

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 3 of this Act;

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

“functions” includes powers and duties;

“the Minister” means the Minister for Labour;

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

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

(3) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of those powers.

Establishment day.

3

3.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (11.05.1967) by Industrial Training Act, 1967 (Establishment Day) Order 1967 (S.I. No. 117 of 1967).

2. The 15th day of May, 1967 is hereby appointed to be the establishment day for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

Application in relation to employment by the State.

4

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

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

Rules (prescribed matters).

5

5.—An Chomhairle may make rules in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

Expenses of Minister.

6

6.—Any expenses incurred by the Minister and the Minister for Education in the administration of this Act, shall to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

7

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

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

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

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

PART II

An Chomhairle Oiliúna

Establishment of An Chomhairle Oiliúna.

8

8.—

F1[…]

Annotations:

Amendments:

F1

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Functions of An Chomhairle.

9

9.—

F2[…]

Annotations:

Amendments:

F2

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Editorial Notes:

E3

Previous affecting provision: regulation of entitlement to weekly payment and to allowance under s. 9(1) provided (1.01.1968) by Redundancy Payments Act 1967 (21/1967), s. 31(1), (S.I. No. 302 of 1967). The reference in s. 31(1) appeared to intend to refer to subs. (2)(g). S. 31 ceased to have effect (6.04.1979) as per Redundancy Payments Act 1979 (7/1979), s. 8, S.I. No. 95 of 1979, subject to transitional provisions in subs. (2).

Chairman’s Superannuation scheme.

10

10.—

F3[…]

Annotations:

Amendments:

F3

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Chief Officer.

11

11.—

F4[…]

Annotations:

Amendments:

F4

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

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

12

12.—

F5[…]

Annotations:

Amendments:

F5

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Superannuation of officers and servants of An Chomhairle.

13

13.—

F6[…]

Annotations:

Amendments:

F6

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Accounts and Audits.

14

14.—

F7[…]

Annotations:

Amendments:

F7

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Annual Report, etc.

15

15.—

F8[…]

Annotations:

Amendments:

F8

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

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

16

16.—

F9[…]

Annotations:

Amendments:

F9

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Power of An Chomhairle to borrow temporarily.

17

17.—

F10[…]

Annotations:

Amendments:

F10

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

Gifts.

18

18.—

F11[…]

Annotations:

Amendments:

F11

Part II (ss. 8-18) repealed (18.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

PART III

Industrial Training

Chapter I

Grants, Loans and Levies

Grants and loans for provision of certain courses and facilities.

19

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

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

(3) F12[…]

Annotations:

Amendments:

F12

Repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Modifications (not altering text):

C5

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 5 of 1967

Industrial Training Act 1967

Sections 19, 20, 22 and 37(2) and (3)

...

...

...

Grants for training of workers in certain undertakings.

20

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

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

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

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

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

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

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

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

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

(5) In this section—

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

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

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

Annotations:

Modifications (not altering text):

C6

Term “Shannon Free Airport Development Company Limited” construed (3.09.2014, transfer day) by State Airports (Shannon Group) Act 2014 (27/2014), s. 35(2), S.I. No. 396 of 2014, commenced as per s. 43.

Re-naming Shannon Free Airport Development Company Limited as Shannon Commercial Enterprises Limited

35. ...

(2) A reference in any enactment, statutory instrument or other document or proceedings, to Shannon Free Airport Development Company Limited is to be read as a reference to Shannon Commercial Enterprises Limited.

C7

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 5 of 1967

Industrial Training Act 1967

Sections 19, 20, 22 and 37(2) and (3)

...

...

...

Levies.

21

21.—

F13[…]

Annotations:

Amendments:

F13

Repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Editorial Notes:

E4

Provision for monies held on account of the levy imposed pursuant to s. 21 to be paid into the Fund made (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 4(12), S.I. No. 494 of 2000.

E5

Previous affecting provision: power pursuant to section exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Textiles Industry, 1999 Scheme) Order 1998 (S.I. No. 474 of 1998).

E6

Previous affecting provision: power pursuant to section exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Engineering Industry, 1999 Scheme) Order 1998 (S.I. No. 473 of 1998).

E7

Previous affecting provision: power pursuant to section exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Chemical and Allied Products Industry, 1999 Scheme) Order 1998 (S.I. No. 472 of 1998).

E8

Previous affecting provision: power pursuant to section exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Clothing and Footwear Industry, 1999 Scheme) Order 1998 (S.I. No. 471 of 1998).

E9

Previous affecting provision: power pursuant to section exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1999 Scheme) Order 1998 (S.I. No. 470 of 1998).

E10

Previous affecting provision: power pursuant to section exercised (1.05.1998 for period to 31.12.1998) by Industrial Training Levy (Chemical and Allied Products Industry, 1998 Scheme) Order 1998 (S.I. No. 127 of 1998).

E11

Previous affecting provision: power pursuant to section exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Textiles Industry, 1998 Scheme) Order 1997 (S.I. No. 454 of 1997).

E12

Previous affecting provision: power pursuant to section exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Engineering Industry, 1998 Scheme) Order 1997 (S.I. No. 453 of 1997).

E13

Previous affecting provision: power pursuant to section exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Clothing and Footwear Industry, 1998 Scheme) Order 1997 (S.I. No. 452 of 1997).

E14

Previous affecting provision: power pursuant to section exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Chemical and Allied Products Industry 1998 Scheme) Order 1997 (S.I. No. 451 of 1997).

E15

Previous affecting provision: power pursuant to section exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1998 Scheme) Order 1997 (S.I. No. 450 of 1997).

E16

Previous affecting provision: power pursuant to section exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Textiles Industry, 1997 Scheme) Order (S.I. No. 356 of 1996).

E17

Previous affecting provision: power pursuant to section exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Engineering Industry, 1997 Scheme) Order (S.I. No. 355 of 1996).

E18

Previous affecting provision: power pursuant to section exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1997 Scheme) Order (S.I. No. 354 of 1996).

E19

Previous affecting provision: power pursuant to section exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Chemical and Allied Products Industry, 1997 Scheme) Order (S.I. No. 353 of 1996).

E20

Previous affecting provision: power pursuant to section exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Clothing and Footwear Industry, 1997 Scheme) Order (S.I. No. 352 of 1996).

E21

Previous affecting provision: power pursuant to section exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Engineering Industry, 1996) Order (S.I. No. 329 of 1995).

E22

Previous affecting provision: power pursuant to section exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Chemical and Allied Products Industry, 1996) Order (S.I. No. 328 of 1995).

E23

Previous affecting provision: power pursuant to section exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1996) Order (S.I. No. 327 of 1995).

E24

Previous affecting provision: power pursuant to section exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Clothing and Footwear Industry, 1996) Order (S.I. No. 326 of 1995).

E25

Previous affecting provision: power pursuant to section exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Textiles Industry, 1996) Order (S.I. No. 325 of 1995).

E26

Previous affecting provision: power pursuant to section exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Textiles Industry) Order 1994 (S.I. No. 358 of 1994).

E27

Previous affecting provision: power pursuant to section exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Engineering Industry) Order 1994 (S.I. No. 357 of 1994).

E28

Previous affecting provision: power pursuant to section exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1994 (S.I. No. 356 of 1994).

E29

Previous affecting provision: power pursuant to section exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1994 (S.I. No. 355 of 1994).

E30

Previous affecting provision: power pursuant to section exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Clothing and Footwear Industry) Order 1994 (S.I. No. 354 of 1994).

E31

Previous affecting provision: power pursuant to section exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Textiles Industry) Order 1993 (S.I. No. 369 of 1993).

E32

Previous affecting provision: power pursuant to section exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1993 (S.I. No. 368 of 1993).

E33

Previous affecting provision: power pursuant to section exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 367 of 1993).

E34

Previous affecting provision: power pursuant to section exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 366 of 1993).

E35

Previous affecting provision: power pursuant to section exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 365 of 1993).

E36

Previous affecting provision: power pursuant to section exercised (3.05.1993 for period to 31.12.1993) by Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 117 of 1993).

E37

Previous affecting provision: power pursuant to section exercised (3.05.1993 for period to 31.12.1993) by Industrial Training Levy (Construction Industry) Order 1993 (S.I. No. 116 of 1993).

E38

Previous affecting provision: power pursuant to section exercised (3.05.1993 for period to 31.12.1993) by Industrial Training Levy (Printing and Paper Industry) Order 1993 (S.I. No. 118 of 1993).

E39

Previous affecting provision: power pursuant to section exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 75 of 1993).

E40

Previous affecting provision: power pursuant to section exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Textiles Industry) Order 1993 (S.I. No. 74 of 1993).

E41

Previous affecting provision: power pursuant to section exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1993 (S.I. No. 73 of 1993).

E42

Previous affecting provision: power pursuant to section exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 72 of 1993).

E43

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Construction Industry) Order 1991 (S.I. No. 300 of 1991).

E44

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Engineering Industry) Order 1991 (S.I. No. 299 of 1991).

E45

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1991 (S.I. No. 298 of 1991).

E46

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Textiles Industry) Order 1991 (S.I. No. 297 of 1991).

E47

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Printing and Paper Industry) Order 1991 (S.I. No. 296 of 1991).

E48

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1991 (S.I. No. 295 of 1991).

E49

Previous affecting provision: power pursuant to section exercised (1.01.1992 for period to 31.12.1992) by Industrial Training Levy (Clothing and Footwear Industry) Order 1991 (S.I. No. 294 of 1991).

E50

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1990 (S.I. No. 310 of 1990).

E51

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 309 of 1990).

E52

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Construction Industry) Order 1990 (S.I. No. 308 of 1990).

E53

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Engineering Industry) Order 1990 (S.I. No. 307 of 1990).

E54

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1990 (S.I. No. 306 of 1990).

E55

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Clothing and Footwear Industry) Order 1990 (S.I. No. 305 of 1990).

E56

Previous affecting provision: power pursuant to section exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Textiles Industry) Order 1990 (S.I. No. 304 of 1990).

E57

Previous affecting provision: power pursuant to section exercised (27.04.1990 for period to 31.12.1990) by Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 79 of 1990).

E58

Previous affecting provision: power pursuant to section exercised (12.03.1990 for period to 31.12.1990) by Industrial Training Levy (Engineering Industry) Order 1990 (S.I. No. 49 of 1990).

E59

Previous affecting provision: power pursuant to section exercised (12.03.1990 for period to 31.12.1990) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1990 (S.I. No. 48 of 1990).

E60

Previous affecting provision: power pursuant to section exercised (12.03.1990 for period to 31.12.1990) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1990 (S.I. No. 47 of 1990).

E61

Previous affecting provision: power pursuant to section exercised (12.03.1990 for period to 31.12.1990) by Industrial Training Levy (Textiles Industry) Order 1990 (S.I. No. 46 of 1990).

E62

Previous affecting provision: power pursuant to section exercised (12.03.1990 for period to 31.12.1990) by Industrial Training Levy (Construction Industry) Order 1990 (S.I. No. 45 of 1990).

E63

Previous affecting provision: power pursuant to section exercised (12.03.1990 for period to 31.12.1990) by Industrial Training Levy (Clothing and Footwear Industry) Order 1990 (S.I. No. 44 of 1990).

E64

Previous affecting provision: power pursuant to section exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Engineering Industry) Order 1989 (S.I. No. 249 of 1989).

E65

Previous affecting provision: power pursuant to section exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1989 (S.I. No. 248 of 1989).

E66

Previous affecting provision: power pursuant to section exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Textiles Industry) Order 1989 (S.I. No. 247 of 1989).

E67

Previous affecting provision: power pursuant to section exercised (6.10.1989 for period to 31.03.1990) by Industrial Training Levy (Printing and Paper Industry) Order 1989 (S.I. No. 246 of 1989).

E68

Previous affecting provision: power pursuant to section exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Clothing and Footwear Industry) Order 1989 (S.I. No. 245 of 1989).

E69

Previous affecting provision: power pursuant to section exercised (21.11.1988 for period to 31.07.1989) by Industrial Training Levy (Construction Industry) Order 1988 (S.I. No. 272 of 1988).

E70

Previous affecting provision: power pursuant to section exercised (1.10.1988 for period to 30.09.1989) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1988 (S.I. No. 194 of 1988).

E71

Previous affecting provision: power pursuant to section exercised (1.08.1988 for period to 31.07.1989) by Industrial Training Levy (Printing and Paper Industry) Order 1988 (S.I. No. 139 of 1988).

E72

Previous affecting provision: power pursuant to section exercised (1.04.1988 for period to 31.03.1989) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1988 (S.I. No. 33 of 1988).

E73

Previous affecting provision: power pursuant to section exercised (1.01.1988 for period to 31.12.1988) by Industrial Training Levy (Clothing and Footwear Industry) Order 1987 (S.I. No. 311 of 1987).

E74

Previous affecting provision: power pursuant to section exercised (1.01.1988 for period to 31.12.1988) by Industrial Training Levy (Textiles Industry) Order 1987 (S.I. No. 310 of 1987).

E75

Previous affecting provision: power pursuant to section exercised (1.01.1988 for period to 31.12.1988) by Industrial Training Levy (Engineering Industry) Order 1987 (S.I. No. 309 of 1987).

E76

Previous affecting provision: power pursuant to section exercised (1.10.1987 for period to 30.09.1988) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1987 (S.I. No. 181 of 1987).

E77

Previous affecting provision: power pursuant to section exercised (1.08.1987 for period to 31.07.1988) by Industrial Training Levy (Printing and Paper Industry) Order 1987 (S.I. No. 183 of 1987).

E78

Previous affecting provision: power pursuant to section exercised (1.08.1987 for period to 31.07.1988) by Industrial Training Levy (Construction Industry) Order 1987 (S.I. No. 182 of 1987).

E79

Previous affecting provision: power pursuant to section exercised (1.04.1987 for period to 31.03.1988) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1987 (S.I. No. 80 of 1987).

E80

Previous affecting provision: power pursuant to section exercised (1.01.1987 for period to 31.12.1987) by Industrial Training Levy (Engineering Industry) Order 1987 (S.I. No. 4 of 1987).

E81

Previous affecting provision: power pursuant to section exercised (1.10.1985 for period to 30.09.1986 and 1.10.1986 to period 30.09.1987) by Industrial Training Levy (Food, Drink and Tobacco Industry) (Amendment) Order 1986 (S.I. No. 3 of 1987); statutory instrument lapsed with expiry of S.I. Nos. 299 of 1985 and 282 of 1986.

E82

Previous affecting provision: power pursuant to section exercised (1.01.1987 for period to 31.12.1987) by Industrial Training Levy (Textiles Industry) Order 1986 (S.I. No. 361 of 1986).

E83

Previous affecting provision: power pursuant to section exercised (1.01.1987 for period to 31.12.1987) by Industrial Training Levy (Clothing and Footwear Industry) Order 1986 (S.I. No. 360 of 1986).

E84

Previous affecting provision: power pursuant to section exercised (1.10.1986 for period to 30.09.1987) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1986 (S.I. No. 282 of 1986).

E85

Previous affecting provision: power pursuant to section exercised (1.08.1986 for period to 31.07.1987) by Industrial Training Levy (Construction Industry) Order 1986 (S.I. No. 245 of 1986).

E86

Previous affecting provision: power pursuant to section exercised (1.08.1986 for period to 31.07.1987) by Industrial Training Levy (Printing and Paper Industry) Order 1986 (S.I. No. 219 of 1986).

E87

Previous affecting provision: power pursuant to section exercised (21.04.1986 for period to 31.12.1986) by Industrial Training Levy (Engineering Industry) Order 1986 (S.I. No. 64 of 1986).

E88

Previous affecting provision: power pursuant to section exercised (1.04.1986 for period to 31.03.1987) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1986 (S.I. No. 39 of 1986).

E89

Previous affecting provision: power pursuant to section exercised (1.01.1986 for period to 31.12.1986) by Industrial Training Levy (Textiles Industry) Order 1985 (S.I. No. 389 of 1985).

E90

Previous affecting provision: power pursuant to section exercised (1.10.1985 for period to 30.09.1986) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1985 (S.I. No. 299 of 1985).

E91

Previous affecting provision: power pursuant to section exercised (1.10.1985 for period to 30.09.1986) by Industrial Training Levy (Clothing and Footwear Industry) Order 1985 (S.I. No. 298 of 1985).

E92

Previous affecting provision: power pursuant to section exercised (1.08.1985 for period to 31.07.1986) by Industrial Training Levy (Construction Industry) Order 1985 (S.I. No. 173 of 1985).

E93

Previous affecting provision: power pursuant to section exercised (1.08.1985 for period to 31.07.1986) by Industrial Training Levy (Printing and Paper Industry) Order 1985 (S.I. No. 164 of 1985).

E94

Previous affecting provision: power pursuant to section exercised (1.04.1985 for period to 31.03.1986) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1985 (S.I. No. 74 of 1985).

E95

Previous affecting provision: power pursuant to section exercised (1.01.1985 for period to 31.12.1985) by Industrial Training Levy (Engineering Industry) Order 1984 (S.I. No. 302 of 1984).

E96

Previous affecting provision: power pursuant to section exercised (1.01.1985 for period to 31.12.1985) by Industrial Training Levy (Textiles Industry) Order 1984 (S.I. No. 274 of 1984).

E97

Previous affecting provision: power pursuant to section exercised (1.10.1984 for period to 30.09.1985) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1984 (S.I. No. 226 of 1984).

E98

Previous affecting provision: power pursuant to section exercised (1.10.1984 for period to 30.09.1985) by Industrial Training Levy (Clothing and Footwear Industry) Order 1984 (S.I. No. 212 of 1984).

E99

Previous affecting provision: power pursuant to section exercised (1.08.1984 for period to 31.07.1985) by Industrial Training Levy (Construction Industry) Order 1984 (S.I. No. 195 of 1984).

E100

Previous affecting provision: power pursuant to section exercised (1.08.1984 for period to 31.07.1985) by Industrial Training Levy (Printing and Paper Industry) Order 1984 (S.I. No. 164 of 1984).

E101

Previous affecting provision: power pursuant to section exercised (1.04.1984 for period to 31.03.1985) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1984 (S.I. No. 79 of 1984).

E102

Previous affecting provision: power pursuant to section exercised (1.01.1984 for period to 31.12.1984) by Industrial Training Levy (Engineering Industry) Order 1983 (S.I. No. 357 of 1983).

E103

Previous affecting provision: power pursuant to section exercised (1.01.1984 for period to 31.12.1985) by Industrial Training Levy (Textiles Industry) Order 1983 (S.I. No. 356 of 1983).

E104

Previous affecting provision: power pursuant to section exercised (1.10.1983 for period to 30.09.1984) by Industrial Training Levy (Clothing and Footwear Industry) Order 1983 (S.I. No. 251 of 1983).

E105

Previous affecting provision: power pursuant to section exercised (1.10.1983 for period to 30.09.1984) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1983 (S.I. No. 250 of 1983).

E106

Previous affecting provision: power pursuant to section exercised (1.08.1983 for period to 31.07.1984) by Industrial Training Levy (Printing and Paper Industry) Order 1983 (S.I. No. 196 of 1983).

E107

Previous affecting provision: power pursuant to section exercised (1.08.1983 for period to 31.07.1984) by Industrial Training Levy (Construction Industry) Order 1983 (S.I. No. 195 of 1983).

E108

Previous affecting provision: power pursuant to section exercised (11.05.1983 for period to 31.03.1984) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1983 (S.I. No. 118 of 1983).

E109

Previous affecting provision: power pursuant to section exercised (1.01.1983 for period to 31.12.1983) by Industrial Training Levy (Textiles Industry) Order 1982 (S.I. No. 353 of 1982).

E110

Previous affecting provision: power pursuant to section exercised (1.01.1983 for period to 31.12.1983) by Industrial Training Levy (Engineering Industry) Order 1982 (S.I. No. 326 of 1982).

E111

Previous affecting provision: power pursuant to section exercised (1.10.1982 for period to 30.09.1983) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1982 (S.I. No. 291 of 1982).

E112

Previous affecting provision: power pursuant to section exercised (1.10.1982 for period to 30.09.1983) by Industrial Training Levy (Clothing and Footwear Industry) Order 1982 (S.I. No. 290 of 1982).

E113

Previous affecting provision: power pursuant to section exercised (1.08.1982 for period to 31.07.1983) by Industrial Training Levy (Construction Industry) Order 1982 (S.I. No. 214 of 1982).

E114

Previous affecting provision: power pursuant to section exercised (1.08.1982 for period to 31.07.1983) by Industrial Training Levy (Printing and Paper Industry) Order 1982 (S.I. No. 213 of 1982).

E115

Previous affecting provision: power pursuant to section exercised (21.06.1982 for period to 31.03.1983) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1982 (S.I. No. 175 of 1982).

E116

Previous affecting provision: power pursuant to section exercised (1.01.1982 for period to 31.12.1982) by Industrial Training Levy (Engineering Industry) (No. 2) Order 1981 (S.I. No. 419 of 1981).

E117

Previous affecting provision: power pursuant to section exercised (1.01.1982 for period to 31.12.1982) by Industrial Training Levy (Textiles Industry) (No. 2) Order 1981 (S.I. No. 411 of 1981).

E118

Previous affecting provision: power pursuant to section exercised (1.10.1981 for period to 30.09.1982) by Industrial Training Levy (Clothing and Footwear Industry) Order 1981 (S.I. No. 315 of 1981).

E119

Previous affecting provision: power pursuant to section exercised (1.10.1981 for period to 30.09.1982) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1981 (S.I. No. 305 of 1981).

E120

Previous affecting provision: power pursuant to section exercised (1.08.1981 for period to 31.07.1982) by Industrial Training Levy (Construction Industry) Order 1981 (S.I. No. 251 of 1981).

E121

Previous affecting provision: power pursuant to section exercised (1.08.1981 for period to 31.107.1982) by Industrial Training Levy (Printing and Paper Industry) Order 1981 (S.I. No. 244 of 1981).

E122

Previous affecting provision: power pursuant to section exercised (13.04.1981 for period to 31.12.1981) by Industrial Training Levy (Textiles Industry) Order 1981 (S.I. No. 111 of 1981).

E123

Previous affecting provision: power pursuant to section exercised (1.04.1981 for period to 31.03.1982) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1981 (S.I. No. 97 of 1981).

E124

Previous affecting provision: power pursuant to section exercised (1.01.1981 for period to 31.12.1981) by Industrial Training Levy (Engineering Industry) Order 1980 (S.I. No. 380 of 1980).

E125

Previous affecting provision: power pursuant to section exercised (1.10.1980 for period to 30.09.1981) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1980 (S.I. No. 289 of 1980).

E126

Previous affecting provision: power pursuant to section exercised (1.10.1980 for period to 30.09.1981) by Industrial Training Levy (Clothing and Footwear Industry) Order 1980 (S.I. No. 288 of 1980).

E127

Previous affecting provision: power pursuant to section exercised (1.08.1980 for period to 31.07.1981) by Industrial Training Levy (Printing and Paper Industry) Order 1980 (S.I. No. 207 of 1980).

E128

Previous affecting provision: power pursuant to section exercised (1.08.1980 for period to 31.07.1981) by Industrial Training Levy (Construction Industry) Order 1980 (S.I. No. 180 of 1980).

E129

Previous affecting provision: power pursuant to section exercised (15.04.1980 for period to 31.12.1981) by Industrial Training Levy (Textiles Industry) Order 1980 (S.I. No. 86 of 1980).

E130

Previous affecting provision: power pursuant to section exercised (1.04.1980 for period to 31.03.1981) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1980 (S.I. No. 77 of 1980).

E131

Previous affecting provision: power pursuant to section exercised (1.01.1980 for period to 31.12.1980) by Industrial Training Levy (Engineering Industry) Order 1979 (S.I. No. 376 of 1979).

E132

Previous affecting provision: power pursuant to section exercised (1.10.1979 for period to 30.09.1980) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1979 (S.I. No. 310 of 1979).

E133

Previous affecting provision: power pursuant to section exercised (1.10.1979 for period to 30.09.1980) by Industrial Training Levy (Clothing and Footwear Industry) Order 1979 (S.I. No. 309 of 1979).

E134

Previous affecting provision: power pursuant to section exercised (1.08.1979 for period to 31.07.1980) by Industrial Training Levy (Construction Industry) Order 1979 (S.I. No. 230 of 1979).

E135

Previous affecting provision: power pursuant to section exercised (1.08.1979 for period to 31.07.1980) by Industrial Training Levy (Printing and Paper Industry) Order 1979 (S.I. No. 226 of 1979).

E136

Previous affecting provision: power pursuant to section exercised (1.04.1979 for period to 31.03.1980) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1979 (S.I. No. 83 of 1979).

E137

Previous affecting provision: power pursuant to section exercised (1.04.1979 for period to 31.03.1980) by Industrial Training Levy (Textiles Industry) Order 1979 (S.I. No. 82 of 1979).

E138

Previous affecting provision: power pursuant to section exercised (1.01.1979 for period to 31.12.1979) by Industrial Training Levy (Engineering Industry) Order 1978 (S.I. No. 354 of 1978).

E139

Previous affecting provision: power pursuant to section exercised (1.10.1978 for period to 30.09.1979) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1978 (S.I. No. 261 of 1978).

E140

Previous affecting provision: power pursuant to section exercised (1.10.1978 for period to 30.09.1979) by Industrial Training Levy (Clothing and Footwear Industry) Order 1978 (S.I. No. 260 of 1978).

E141

Previous affecting provision: power pursuant to section exercised (21.08.1978 for period to 31.07.1979) by Industrial Training Levy (Construction Industry) Order 1978 (S.I. No. 222 of 1978).

E142

Previous affecting provision: power pursuant to section exercised (1.08.1978 for period to 31.07.1979) by Industrial Training Levy (Printing and Paper Industry) Order 1978 (S.I. No. 177 of 1978).

E143

Previous affecting provision: power pursuant to section exercised (1.04.1978 for period to 31.03.1979) by Industrial Training Levy (Textiles Industry) Order 1978 (S.I. No. 80 of 1978).

E144

Previous affecting provision: power pursuant to section exercised (1.04.1978 for period to 31.03.1979) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1978 (S.I. No. 58 of 1978).

E145

Previous affecting provision: power pursuant to section exercised (1.01.1978 for period to 31.12.1978) by Industrial Training Levy (Engineering Industry) Order 1977 (S.I. No. 364 of 1977).

E146

Previous affecting provision: power pursuant to section exercised (1.10.1977 for period to 3.09.1978) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1977 (S.I. No. 301 of 1977).

E147

Previous affecting provision: power pursuant to section exercised (1.10.1977 for period to 30.09.1978) by Industrial Training Levy (Clothing and Footwear Industry) Order 1977 (S.I. No. 300 of 1977).

E148

Previous affecting provision: power pursuant to section exercised (1.08.1977 for period to 31.07.1978) by Industrial Training Levy (Construction Industry) Order 1977 (S.I. No. 236 of 1977).

E149

Previous affecting provision: power pursuant to section exercised (1.08.1977 for period to 31.07.1978) by Industrial Training Levy (Printing and Paper Industry) Order 1977 (S.I. No. 179 of 1977).

E150

Previous affecting provision: power pursuant to section exercised (1.04.1977 for period to 31.03.1978) by Industrial Training Levy (Textiles Industry) Order 1977 (S.I. No. 87 of 1977).

E151

Previous affecting provision: power pursuant to section exercised (1.04.1977 for period to 31.03.1978) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1977 (S.I. No. 81 of 1977).

E152

Previous affecting provision: power pursuant to section exercised (1.01.1977 for period to 31.12.1977) by Industrial Training Levy (Engineering Industry) Order 1976(S.I. No. 298 of 1976).

E153

Previous affecting provision: power pursuant to section exercised (1.10.1976 for period to 30.09.1977) by Industrial Training Levy (Clothing and Footwear Industry) Order 1976 (S.I. No. 203 of 1976).

E154

Previous affecting provision: power pursuant to section exercised (1.10.1976 for period to 30.09.1977) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1976 (S.I. No. 202 of 1976).

E155

Previous affecting provision: power pursuant to section exercised (11.08.1976 for period to 31.07.1977) by Industrial Training Levy (Construction Industry) Order 1976 (S.I. No. 179 of 1976).

E156

Previous affecting provision: power pursuant to section exercised (1.05.1976 for period to 30.04.1977) by Industrial Training Levy (Printing and Paper Industry) Order 1976 (S.I. No. 54 of 1976).

E157

Previous affecting provision: power pursuant to section exercised (1.04.1976 for period to 31.03.1977) by Industrial Training Levy (Textiles Industry) Order 1976 (S.I. No. 55 of 1976).

E158

Previous affecting provision: power pursuant to section exercised (1.04.1976 for period to 31.03.1977) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1976 (S.I. No. 25 of 1976).

E159

Previous affecting provision: power pursuant to section exercised (1.01.1976 for period to 31.12.1976) by Industrial Training Levy (Engineering Industry) Order 1975 (S.I. No. 242 of 1975).

E160

Previous affecting provision: power pursuant to section exercised (1.10.1975 for period to 30.09.1976) by Industrial Training Levy (Clothing and Footwear Industry) Order 1975 (S.I. No. 184 of 1975).

E161

Previous affecting provision: power pursuant to section exercised (1.10.1975 for period to 30.09.1976) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1975 (S.I. No. 183 of 1975).

E162

Previous affecting provision: power pursuant to section exercised (1.05.1975 for period to 30.04.1976) by Industrial Training Levy (Printing and Paper Industry) Order 1975 (S.I. No. 49 of 1975).

E163

Previous affecting provision: power pursuant to section exercised (1.04.1975 for period to 31.07.1976) by Industrial Training Levy (Construction Industry) Order 1975 (S.I. No. 129 of 1975).

E164

Previous affecting provision: power pursuant to section exercised (1.04.1975 for period to 31.03.1976) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1975 (S.I. No. 51 of 1975).

E165

Previous affecting provision: power pursuant to section exercised (1.04.1975 for period to 31.03.1976) by Industrial Training Levy (Textiles Industry) Order 1975 (S.I. No. 50 of 1975).

E166

Previous affecting provision: power pursuant to section exercised (1.01.1975 for period to 31.12.1975) by Industrial Training Levy (Engineering Industry) Order 1975 (S.I. No. 1 of 1975).

E167

Previous affecting provision: power pursuant to section exercised (1.10.1974 for period to 30.09.1975) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1974 (S.I. No. 289 of 1974).

E168

Previous affecting provision: power pursuant to section exercised (1.09.1974 for period to 31.08 1975) by Industrial Training Levy (Clothing and Footwear Industry) Order 1974 (S.I. No. 255 of 1974).

E169

Previous affecting provision: power pursuant to section exercised (1.05.1974 for period to 31.07.1975) by Industrial Training Levy (Construction Industry) Order 1974 (S.I. No. 101 of 1974).

E170

Previous affecting provision: power pursuant to section exercised (1.05.1974 for period to 30.04.1975) by Industrial Training Levy (Printing and Paper Industry) Order 1974 (S.I. No. 100 of 1974).

E171

Previous affecting provision: power pursuant to section exercised (1.04.1974 for period to 31.03.1975) by Industrial Training Levy (Textiles Industry) Order 1974 (S.I. No. 73 of 1974).

E172

Previous affecting provision: power pursuant to section exercised (1.04.1974 for period to 31.03.1975) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1974 (S.I. No. 72 of 1974).

E173

Previous affecting provision: power pursuant to section exercised (1.01.1974 for period to 31.12.1974) by Industrial Training Levy (Engineering Industry) Order 1973 (S.I. No. 336 of 1973).

E174

Previous affecting provision: power pursuant to section exercised (1.10.1973 for period to 31.12.1974) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1973 (S.I. No. 264 of 1973).

E175

Previous affecting provision: power pursuant to section exercised (1.09.1973 for period to 31.08.1974) by Industrial Training Levy (Clothing and Footwear Industry) Order 1973 (S.I. No. 253 of 1973).

E176

Previous affecting provision: power pursuant to section exercised (1.05.1973 for period to 30.11.1973) by Industrial Training Levy (Construction Industry) Order 1973 (S.I. No. 79 of 1973).

E177

Previous affecting provision: power pursuant to section exercised (16.04.1973 and 1.02.1971 for period to 31.12.1971) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order, 1971 (Amendment) Order 1973 (S.I. No. 81 of 1973); statutory instrument lapsed with expiry of S.I. No. 9 of 1971.

E178

Previous affecting provision: power pursuant to section exercised (16.04.1973 and 1.12.1970 for period to 30.11.1971) by Industrial Training Levy (Clothing and Footwear Industry) Order, 1970 (Amendment) Order 1973 (S.I. No. 82 of 1973); statutory instrument lapsed with expiry of S.I. No. 270 of 1970.

E179

Previous affecting provision: power pursuant to section exercised (16.04.1973 and 22.06.1970 for period to 31.03.1971) by Industrial Training Levy (Textiles Industry) Order, 1970 (Amendment) Order 1973 (S.I. No. 80 of 1973); statutory instrument lapsed with expiry of S.I. No. 131 of 1970.

E180

Previous affecting provision: power pursuant to section exercised (1.04.1973 for period to 31.12.1973) by Industrial Training Levy (Engineering Industry) Order 1973 (S.I. No. 75 of 1973).

E181

Previous affecting provision: power pursuant to section exercised (1.01.1973 for period to 30.11.1973) by Industrial Training Levy (Textiles Industry) Order 1972 (S.I. No. 321 of 1972).

E182

Previous affecting provision: power pursuant to section exercised (1.01.1973 for period to 31.12.1973) by Industrial Training Levy (Printing and Paper Industry) Order 1972 (S.I. No. 305 of 1972).

E183

Previous affecting provision: power pursuant to section exercised (1.09.1972 for period to 31.08.1973) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1972 (S.I. No. 206 of 1972).

E184

Previous affecting provision: power pursuant to section exercised (1.09.1972 for period to 31.08.1973) by Industrial Training Levy (Clothing and Footwear Industry) Order 1972 (S.I. No. 205 of 1972).

E185

Previous affecting provision: power pursuant to section exercised (22.08.1972 and 28.09.1971 to 31.07.1972) by Industrial Training Levy (Textiles Industry) Order, 1971 (Amendment) Order 1972 (S.I. No. 197 of 1972); statutory instrument lapsed with expiry of S.I. No. 266 of 1971.

E186

Previous affecting provision: power pursuant to section exercised (22.08.1972 and 1.08.1971 to 31.07.1972) by Industrial Training Levy (Engineering Industry) Order, 1971 (Amendment) Order 1972 (S.I. No. 198 of 1972); statutory instrument lapsed with expiry of S.I. No. 220 of 1971.

E187

Previous affecting provision: power pursuant to section exercised (22.08.1972 and 1.12.1971 for period to 30.11.1972) by Industrial Training Levy (Construction Industry) Order, 1971 (Amendment) Order 1972 (S.I. No. 199 of 1972); statutory instrument lapsed with expiry of S.I. No. 299 of 1971.

E188

Previous affecting provision: power pursuant to section exercised (1.12.1971 for period to 30.11.1972) by Industrial Training Levy (Construction Industry) Order 1971 (S.I. No. 299 of 1971).

E189

Previous affecting provision: power pursuant to section exercised (28.09.1971 for period to 31.07.1972) by Industrial Training Levy (Textiles Industry) Order 1971 (S.I. No. 266 of 1971).

E190

Previous affecting provision: power pursuant to section exercised (1.08.1971 for period to 31.07.1972) by Industrial Training Levy (Engineering Industry) Order 1971 (S.I. No. 220 of 1971).

E191

Previous affecting provision: power pursuant to section exercised (1.02.1971 for period to 31.12.1971) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1971 (S.I. No. 9 of 1971).

E192

Previous affecting provision: power pursuant to section exercised (1.12.1970 for period to 30.11.1971) by Industrial Training Levy (Clothing and Footwear Industry) Order 1970 (S.I. No. 270 of 1970).

E193

Previous affecting provision: power pursuant to section exercised (22.06.1970 for period to 31.03.1971) by Industrial Training Levy (Textiles Industry) Order 1970 (S.I. No. 131 of 1970).

Appeal tribunals.

22

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

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

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

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

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

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

(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations:

Modifications (not altering text):

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 5 of 1967

Industrial Training Act 1967

Sections 19, 20, 22 and 37(2) and (3)

...

...

...

Editorial Notes:

E194

Previous affecting provision: application of section extended with transitional provisions (25.03.1994) by Industrial Training (Apprenticeship Levy) Act 1994 (3/1994), s. 13, S.I. No. 61 of 1994. Act repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

E195

Power pursuant to section exercised to establish appeal tribunal (17.07.1970) by Industrial Training Levy (Appeal Tribunal) Regulations 1970 (S.I. No. 166 of 1970), reg. 3.

Chapter II

Designated Industrial Activities

Designated industrial activities.

23

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

(2) Before making an industrial training order An Chomhairle shall make such inquiries as it thinks proper and consult any organisation or association of organisations appearing to it to be representative of substantial numbers of employers in the activity and any organisation or association of organisations appearing to it to be representative of substantial numbers of persons employed in the activity.

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

(4) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Editorial Notes:

E196

Power pursuant to section exercised (18.07.2016) by Industrial Training (Insurance Industry) Order 2016 (S.I. No. 382 of 2016).

E197

Power pursuant to section exercised (18.07.2016) by Industrial Training (Heavy Goods Industry) Order 2016 (S.I. No. 381 of 2016).

E198

Power pursuant to section exercised (18.07.2016) by Industrial Training (Financial Services Industry) Order 2016 (S.I. No. 380 of 2016).

E199

Power pursuant to section exercised (18.07.2016) by Industrial Training (Culinary Industry) Order 2016 (S.I. No. 379 of 2016).

E200

Power pursuant to section exercised (18.07.2016) by Industrial Training (Bakery Industry) Order 2016 (S.I. No. 378 of 2016).

E201

Power pursuant to section exercised (18.07.2016) by Industrial Training (Accountancy Industry) Order 2016 (S.I. No. 377 of 2016).

E202

Power pursuant to section exercised (13.11.1978) by The Industrial Training Order 1978 (S.I. No. 312 of 1978).

E203

Power pursuant to section exercised (27.07.1972) by Industrial Training (Chemical and Allied Products Industry) Order 1972 (S.I. No. 181 of 1972).

E204

Power pursuant to section exercised (5.05.1970) by Industrial Training (Textiles Industry) (Amendment) Order 1970 (S.I. No. 97 of 1970).

E205

Power pursuant to section exercised (2.02.1970) by Industrial Training (Printing and Paper Industry) Order 1970 (S.I. No. 21 of 1970).

E206

Power pursuant to section exercised (18.12.1969) by Industrial Training (Food, Drink and Tobacco Industry) Order 1969 (S.I. No. 260 of 1969).

E207

Power pursuant to section exercised (27.03.1969) by Industrial Training (Construction Industry) Order 1969 (S.I. No. 47 of 1969).

E208

Power pursuant to section exercised (24.03.1969) by Industrial Training (Clothing and Footwear Industry) Order 1969 (S.I. No. 44 of 1969).

E209

Power pursuant to section exercised (10.03.1969) by Industrial Training (Engineering Industry) Order 1969 (S.I. No. 40 of 1969).

E210

Power pursuant to section exercised (19.12.1968) by Industrial Training (Textiles Industry) Order 1968 (S.I. No. 278 of 1968).

Industrial training committees.

24

24.—

F14[…]

Annotations:

Amendments:

F14

Repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Editorial Notes:

E211

Previous affecting provision: power pursuant to section exercised (30.01.1997) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1997 (S.I. No. 51 of 1997).

E212

Previous affecting provision: power pursuant to section exercised (30.01.1997) by Industrial Training (Engineering Committee) (Amendment) Order 1997 (S.I. No. 50 of 1997).

E213

Previous affecting provision: power pursuant to section exercised (30.01.1997) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1997 (S.I. No. 49 of 1997).

E214

Previous affecting provision: power pursuant to section exercised (30.01.1997) by Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1997 (S.I. No. 48 of 1997).

E215

Previous affecting provision: power pursuant to section exercised (30.01.1997) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1997 (S.I. No. 47 of 1997). Section repealed as per F-Note above.

E216

Previous affecting provision: power pursuant to section exercised (30.01.1997) by Industrial Training (Construction Committee) (Amendment) Order 1997 (S.I. No. 46 of 1997).

E217

Previous affecting provision: power pursuant to section exercised (13.11.1992) by Industrial Training (Construction Committee (Amendment) Order No. 2 1992 (S.I. No. 335 of 1992).

E218

Previous affecting provision: power pursuant to section exercised (13.11.1992) by Industrial Training (Printing and Paper Committee) (Amendment) Order No. 2 1992 (S.I. No. 334 of 1992).

E219

Previous affecting provision: power pursuant to section exercised (13.11.1992) by Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order No. 2 1992 (S.I. No. 333 of 1992).

E220

Previous affecting provision: power pursuant to section exercised (13.11.1992) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order No. 2 1992 (S.I. No. 332 of 1992).

E221

Previous affecting provision: power pursuant to section exercised (13.11.1992) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order No. 2 1992 (S.I. No. 331 of 1992).

E222

Previous affecting provision: power pursuant to section exercised (13.11.1992) by Industrial Training (Engineering Committee) (Amendment) Order No. 2 1992 (S.I. No. 330 of 1992).

E223

Previous affecting provision: power pursuant to section exercised (30.06.1992) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1992 (S.I. No. 170 of 1992).

E224

Previous affecting provision: power pursuant to section exercised (30.06.1992) by Industrial Training (Construction Committee) (Amendment) Order 1992 (S.I. No. 169 of 1992).

E225

Previous affecting provision: power pursuant to section exercised (30.06.1992) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1992 (S.I. No. 168 of 1992).

E226

Previous affecting provision: power pursuant to section exercised (30.06.1992) by Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1992 (S.I. No. 167 of 1992).

E227

Previous affecting provision: power pursuant to section exercised (30.06.1992) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1992 (S.I. No. 166 of 1992).

E228

Previous affecting provision: power pursuant to section exercised (30.06.1992) by Industrial Training (Engineering Committee) (Amendment) Order 1992 (S.I. No. 165 of 1992).

E229

Previous affecting provision: power pursuant to section exercised (15.06.1989) by Industrial Training (Textiles, Clothing and Footwear Committee) Order 1989 (S.I. No. 143 of 1989).

E230

Previous affecting provision: power pursuant to section exercised (15.06.1989) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1989 (S.I. No. 142 of 1989).

E231

Previous affecting provision: power pursuant to section exercised (15.06.1989) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1989 (S.I. No. 140 of 1989).

E232

Previous affecting provision: power pursuant to section exercised (15.06.1989) by Industrial Training (Construction Committee) (Amendment) Order 1989 (S.I. No. 139 of 1989).

E233

Previous affecting provision: power pursuant to section exercised (15.06.1989) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1989 (S.I. No. 138 of 1989).

E234

Previous affecting provision: power pursuant to section exercised (15.06.1989) by Industrial Training (Engineering Committee) (Amendment) Order 1989 (S.I. No. 137 of 1989).

E235

Previous affecting provision: power pursuant to section exercised (16.04.1984) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1984 (S.I. No. 97 of 1984).

E236

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Textiles Committee) (Amendment) Order 1982 (S.I. No. 119 of 1982).

E237

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Clothing and Footwear Committee) (Amendment) Order 1982 (S.I. No. 118 of 1982).

E238

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1982 (S.I. No. 117 of 1982).

E239

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Engineering Committee) (Amendment) Order 1982 (S.I. No. 116 of 1982).

E240

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1982 (S.I. No. 115 of 1982).

E241

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1982 (S.I. No. 114 of 1982).

E242

Previous affecting provision: power pursuant to section exercised (26.04.1982) by Industrial Training (Construction Committee) (Amendment) Order 1982 (S.I. No. 113 of 1982).

E243

Previous affecting provision: power pursuant to section exercised (4.11.1981) by Industrial Training (Engineering Committee) (Amendment) Order 1981 (S.I. No. 378 of 1981).

E244

Previous affecting provision: power pursuant to section exercised (25.06.1976) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1976 (S.I. No. 136 of 1976).

E245

Previous affecting provision: power pursuant to section exercised (21.05.1975) by Industrial Training (Engineering Committee) (Amendment) Order 1975 (S.I. No. 104 of 1975).

E246

Previous affecting provision: power pursuant to section exercised (19.07.1973) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1973 (S.I. No. 203 of 1973).

E247

Previous affecting provision: power pursuant to section exercised (30.11.1972) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1972 (S.I. No. 297 of 1972).

E248

Previous affecting provision: power pursuant to section exercised (16.10.1972) by Industrial Training (Chemical and Allied Products Committee) Order 1972 (S.I. No. 259 of 1972).

E249

Previous affecting provision: power pursuant to section exercised (18.04.1972) by Industrial Training (Textiles Committee) (Amendment) Order 1972 (S.I. No. 107 of 1972).

E250

Previous affecting provision: power pursuant to section exercised (18.04.1972) by Industrial Training (Construction Committee) (Amendment) Order 1972 (S.I. No. 106 of 1972).

E251

Previous affecting provision: power pursuant to section exercised (5.05.1970) by Industrial Training (Textiles Industry) (Amendment) Order 1970 (S.I. No. 97 of 1970).

E252

Previous affecting provision: power pursuant to section exercised (23.04.1970) by Industrial Training (Printing and Paper Committee) Order 1970 (S.I. No. 87 of 1970).

E253

Previous affecting provision: Previous affecting provision: power pursuant to section exercised (7.01.1970) by Industrial Training (Food, Drink and Tobacco Committee) Order 1970 (S.I. No. 3 of 1970).

E254

Previous affecting provision: power pursuant to section exercised (11.11.1969) by Industrial Training (Clothing & Footwear Committee) Order 1969 (S.I. No. 219 of 1969).

E255

Previous affecting provision: power pursuant to section exercised (4.09.1969) by Industrial Training (Construction Committee) Order 1969 (S.I. No. 172 of 1969).

E256

Previous affecting provision: power pursuant to section exercised (4.09.1969) by Industrial Training (Textiles Committee) Order 1969 (S.I. No. 171 of 1969).

E257

Previous affecting provision: power pursuant to section exercised (26.06.1969) by Industrial Training (Engineering Committee) Order 1969 (S.I. No. 121 of 1969).

E258

Previous affecting provision: subs. (1) amended (18.07.1987) by Labour Services Act 1987 (15/1987), s. 24, commenced on enactment.

Joint industrial training committees.

25

25.—

F15[…]

Annotations:

Amendments:

F15

Repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Power to obtain information from employers.

26

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

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

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

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

Chapter III

Apprenticeship

Annotations:

Modifications (not altering text):

C9

Application of Act restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 5(b), S.I. No. 96 of 2000.

Non-application of Act.

5.—This Act does not apply to the remuneration of a person who is— ...

(b) an apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

Apprentices.

27

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

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

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

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

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

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

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

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

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

(2) F16[…]

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

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

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

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

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

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

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

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

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

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

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

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

Annotations:

Amendments:

F16

Repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Modifications (not altering text):

C10

Functions under subs. (3) transferred to Minister for Enterprise, Trade and Employment (1.05.2010) by Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010), art. 3(3).

(3) The functions of the Minister for Education and Science under sections 27(3) and 32(1) of the Industrial Training Act 1967 and paragraph 2(2) (inserted by section 9 of the Labour Services (Amendment) Act 2009 ) of Part I of the Schedule to the Labour Services Act 1987 are transferred to the Minister for Enterprise, Trade and Employment.

Editorial Notes:

E259

Power pursuant to subs. (1) exercised (1.05.1997) by Labour Services Act 1987 — Apprenticeship Rules 1997 (S.I. No. 168 of 1997).

E260

Previous affecting provision: power pursuant to subs. (1) exercised (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995); revoked (1.05.1997) by Labour Services Act 1987—Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 1(3).

E261

Previous affecting provision: power pursuant to section exercised (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. No. 228 of 1994); revoked (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).

E262

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1993) by Labour Services Act 1987—Apprenticeship Rules 1993 (S.I. No. 236 of 1993); revoked (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).

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

28

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

Notice of intention to make rules.

29

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

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

Publication of notice of making of rules.

30

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

Taking of persons into employment by way of apprenticeship.

31

31.—(1) A person who carries on—

(a) a designated industrial activity, or

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

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

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

Education of apprentices.

32

32.—(1) An Chomhairle may, with the consent of the Minister for Education, make arrangements for the provision by F17[an education and training board] of courses of instruction in the nature of technical education of a type which An Chomhairle and F17[the education and training board] agree is suitable for persons employed by way of apprenticeship in a designated industrial activity.

(2) Where a course of instruction is provided by F17[an education and training board] either under subsection (1) of this section for persons employed by way of apprenticeship in a designated industrial activity, or under section 39 of the Act of 1959 for persons so employed in a trade which stands specified for the time being in an order under section 21 of that Act, An Chomhairle may—

(a) by notice in writing served on a person so employed in the activity or trade require him to attend either the whole of the course or any part thereof specified in the notice, and

(b) by notice in writing served on the employer of a person upon whom a notice under paragraph (a) of this subsection has been served require the employer to afford to the person time and liberty to attend either the whole of the course or any part thereof specified in the notice and to sit for any examination held in relation to the course without any deduction from wages or any addition to the hours of employment or reckoning such time as lost.

(3) Where a person upon whom a notice under paragraph (a) of subsection (2) of this section has been served is allowed time and liberty to attend an instruction which is part of a course mentioned in subsection (2) of this section and fails to attend, then, notwithstanding anything contained in his contract with his employer, he shall not be entitled to receive the amount of any pay (being pay which he would otherwise be entitled to receive) which is apportionable to the period of his absence from his employment unless he satisfies his employer that his failure to attend the instruction was due to sickness or other unavoidable cause.

Annotations:

Amendments:

F17

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 3, S.I. No. 211 of 2013.

Modifications (not altering text):

C11

Functions under subs. (1) transferred to Minister for Enterprise, Trade and Employment (1.05.2010) by Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010), art. 3(3).

(3) The functions of the Minister for Education and Science under sections 27(3) and 32(1) of the Industrial Training Act 1967 and paragraph 2(2) (inserted by section 9 of the Labour Services (Amendment) Act 2009 ) of Part I of the Schedule to the Labour Services Act 1987 are transferred to the Minister for Enterprise, Trade and Employment.

Register of persons employed as apprentices.

33

33.—(1) An Chomhairle shall keep, in such form as the Minister shall from time to time direct, a register of the persons employed as apprentices and shall enter therein such particulars as An Chomhairle may consider appropriate.

(2) An Chomhairle shall, upon request, permit the register kept by it under this section to be inspected during office hours by any interested person.

Notifications.

34

34.—(1) Where a person who carries on a designated industrial activity takes a person into his employment as an apprentice in the activity, he shall, within two weeks thereafter, send to An Chomhairle such particulars in relation to the person as may be prescribed or as An Chomhairle may, by notice in writing served on him, specify.

(2) Where a person who carries on a designated industrial activity ceases to employ a person as an apprentice in the activity, he shall, within two weeks thereafter, send to An Chomhairle such particulars in relation to the person as may be prescribed or as An Chomhairle may, by notice in writing served on him, specify.

Annotations:

Modifications (not altering text):

C12

Application of subss. (1) and (2) confirmed (1.05.1997) by Labour Services Act 1987—Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 9.

Notification

9. Section 34 (1) and (2) of the Industrial Training Act 1967 (No. 5 of 1967) shall apply to every contract of apprenticeship in a designated industrial activity.

Editorial Notes:

E263

Previous affecting provision: application of subss. (1) and (2) confirmed (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 9; revoked (1.05.1997) by Labour Services Act 1987—Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 1(3).

E264

Previous affecting provision: application of subss. (1) and (2) confirmed (1.09.1993) by Labour Services Act 1987—Apprenticeship Rules 1993 (S.I. No. 236 of 1993), rule 9; revoked (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules (S.I. No. 228 of 1994), rule 1(3).

Interference with employers.

35

35.—Where any rules made by An Chomhairle under section 27 or paragraph (d) of subsection (1) of section 49 of this Act or rules mentioned in paragraph (b) of the said subsection (1) are for the time being in force, a person shall not do any act or thing for the purpose either of preventing or obstructing an employer carrying on the relevant activity of industry from complying with the rules.

Arrangements in case of trade dispute.

36

36.—(1) Where persons employed as apprentices are, on account of a trade dispute or for any other reason, for the time being not engaged in their employment, An Chomhairle may make such arrangements for safeguarding the continued training and instruction of the persons as it thinks proper.

(2) In this section “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person.

Annotations:

Modifications (not altering text):

C13

Application of section extended (1.01.1988, establishment day) by Labour Services Act 1987 (15/1987), s. 20(1), S.I. No. 248 of 1987.

Preservation of certain continuing contracts and adaptation of references to Minister, An Chomhairle and Agency in certain documents.

20.—(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Minister in connection with or for the purposes of the Manpower Service, or by or on behalf of An Chomhairle or the Agency, to any person or given by any person to and accepted by or on behalf of the Minister in connection with or for the purposes of the Manpower Service, or by or on behalf of An Chomhairle or the Agency and every contract or agreement in writing made between the Minister in connection with or for the purposes of the Manpower Service, or An Chomhairle or the Agency, and any other person, and in force but not fully executed and completed immediately before the establishment day shall continue in force on and after that day and shall be construed and have effect as if the name of An Foras were substituted therein for that of the Minister, An Chomhairle or the Agency, as the case may be, and shall be enforceable by or against An Foras and every arrangement made by An Chomhairle under section 36 or 41 of the Act of 1967, and in force immediately before the establishment day shall continue in force on and after that day and shall be enforceable by or against An Foras.

...

Chapter IV

Miscellaneous

Advisory committees.

37

37.—(1) An Chomhairle may appoint such and so many committees as it thinks fit to advise An Chomhairle on matters connected with industrial or commercial training and on the co-ordination of the work of An Chomhairle.

(2) The chairman of a committee appointed by An Chomhairle under this section shall be paid out of moneys at the disposal of An Chomhairle such fee for attendance at meetings of the committee as the Minister with the consent of the Minister for Finance, determines, and in the absence of the chairman from a meeting of the committee, the fee that would be payable to him may, if An Chomhairle thinks fit, be paid to the person who acts as chairman of the meeting.

(3) Each member of a committee so appointed shall be paid, out of moneys at the disposal of An Chomhairle such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

Annotations:

Modifications (not altering text):

C14

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 5 of 1967

Industrial Training Act 1967

Sections 19, 20, 22 and 37(2) and (3)

...

...

...

Fees payable to An Chomhairle.

38

38.—(1) Where a person is taken into employment by way of apprenticeship in a designated industrial activity there shall be paid by him to An Chomhairle a fee (being a fee in respect of registration in the register kept under section 33 of this Act) of such amount as may be prescribed.

(2) Rules for the purposes of subsection (1) of this section shall require the consent of the Minister.

(3) Where An Chomhairle provides courses, facilities or services in relation to the training of persons An Chomhairle may charge and there shall be payable to An Chomhairle in respect thereof such fee (if any) as An Chomhairle shall determine: Provided that in case a person, at the instance of his employer, attends any such course or avails of any such service or facility, any fee payable to An Chomhairle in respect thereof shall be payable by, and only by, the employer.

(4) In default of being paid a fee under this section, An Chomhairle may recover it from the person (including a person who has not attained the age of twenty-one years) liable therefor as a simple contract debt in any Court of competent jurisdiction.

(5) An Chomhairle may, where it so thinks proper in any particular case, exempt a person from payment of any fee under this section.

Power to exempt employers in certain cases.

39

39.—(1) An Chomhairle may, if it so thinks proper in the case of the employment as an apprentice of a particular person by a particular employer, exempt the employer from the requirements of paragraphs (a), (b) or (e) of subsection (5) of section 27 of this Act.

(2) An Chomhairle may, if it so thinks proper in the case of the employment of a particular person as an apprentice by a particular employer, exempt the employer from specified requirements of rules mentioned in paragraph (e) of subsection (1) of the said section 27.

(3) An Chomhairle may, if it so thinks proper in the case of the taking of a particular person into employment as an apprentice by a particular employer, exempt the employer from the requirement of section 31 of this Act.

Restriction of section 48 of Industrial Relations Act, 1946, and on certain agreements and orders under that Act.

40

40.—(1) Section 48 of the Act shall, as respects a person to whom rules under paragraph (f) of subsection (1) of section 27 of this Act for the time being apply, cease to have effect.

(2) It is hereby declared that nothing contained either in an employment agreement registered in the Register or in an order made by the Labour Court under section 43 of the Act shall affect the provisions of section 41 of this Act.

(3) Upon the coming into force of any rules under section 27 of this Act—

(a) any provisions of an employment agreement then in force registered in the Register which relate to matters the subject of the rules, and

(b) any provisions of an order then in force made by the Labour Court under section 43 of the Act which relate to matters the subject of the rules,

shall cease to have effect.

(4) Where an employment agreement is, at a time when rules under section 27 of this Act or rules mentioned in section 49 of this Act are in force, registered in the Register, any provisions of the agreement which relate to matters the subject of the rules shall not have effect.

(5) Where an order is, at a time when rules under this Act or rules mentioned in section 49 of this Act are in force, made by the Labour Court under section 43 of the Act, any provisions of the order which relate to matters the subject of the rules shall not have effect.

(6) In this section—

“the Act” means the Industrial Relations Act, 1946;

“the Register” means the Register of Employment Agreements maintained by the Labour Court under section 26 of the Act.

PART IV

Miscellaneous

Power to ensure the provision, as respects activity of industry, of trained persons.

41

41.—(1) For the purpose of ensuring the provision of a sufficient number of trained persons to meet the requirements of an activity of industry, An Chomhairle may make such arrangements as appear to it to be necessary.

(2) Without prejudice to the generality of subsection (1) of this section, An Chomhairle, for the purpose mentioned in the said subsection (1) may, if it thinks fit, do either or both of the following:

(a) if it is satisfied that an employer who carries on—

(i) a designated industrial activity, or

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

has adequate facilities for the training of persons by way of apprenticeship in an employment in the activity or trade, arrange with the employer for the taking by him of a person into an employment in the activity or trade by way of apprenticeship;

(b) arrange with an employer for the taking by him into an employment in an activity of industry of a particular person who has successfully undergone training which was both for the employment and provided or approved as respects the activity by An Chomhairle under this Act.

(3) Where any arrangement has been made by An Chomhairle under this section a person shall not do any act or thing for the purpose either of preventing or obstructing An Chomhairle or an employer from carrying out the arrangement.

Annotations:

Modifications (not altering text):

C15

Application of section extended (1.01.1988, establishment day) by Labour Services Act 1987 (15/1987), s. 20(1), S.I. No. 248 of 1987.

Preservation of certain continuing contracts and adaptation of references to Minister, An Chomhairle and Agency in certain documents.

20.—(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Minister in connection with or for the purposes of the Manpower Service, or by or on behalf of An Chomhairle or the Agency, to any person or given by any person to and accepted by or on behalf of the Minister in connection with or for the purposes of the Manpower Service, or by or on behalf of An Chomhairle or the Agency and every contract or agreement in writing made between the Minister in connection with or for the purposes of the Manpower Service, or An Chomhairle or the Agency, and any other person, and in force but not fully executed and completed immediately before the establishment day shall continue in force on and after that day and shall be construed and have effect as if the name of An Foras were substituted therein for that of the Minister, An Chomhairle or the Agency, as the case may be, and shall be enforceable by or against An Foras and every arrangement made by An Chomhairle under section 36 or 41 of the Act of 1967, and in force immediately before the establishment day shall continue in force on and after that day and shall be enforceable by or against An Foras.

...

Powers of authorised officers.

42

42.—(1) An authorised officer may do all or any of the following things:

(a) at all reasonable times enter upon any premises in which a designated industrial activity is carried on where he has reasonable cause to believe any person is employed in the premises,

(b) examine either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in any premises upon which he is entitled under this section to enter and require the person to answer such questions as he may put touching such matters, and to sign a declaration of the truth of the answers to the questions,

(c) examine the methods used in the training and instruction of any person whom he finds employed in a designated industrial activity in any premises mentioned in paragraph (b) of this subsection and give advice in such training and instruction.

(2) No one shall be required by virtue of paragraph (b) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.

(3) An authorised officer may, by notice in writing served on a person carrying on a designated industrial activity, require him to furnish to the officer, within a specified time and in a specified manner, specified particulars with respect to the persons or any specified person employed by him in any employment in the activity.

Certificates of authorised officers.

43

43.—An authorised officer shall be furnished by An Chomhairle with a certificate of his appointment as an authorised officer and, when exercising any of the powers conferred on him by this Act, shall, if so required, produce the certificate to any person affected.

Posting of copies or abstracts of rules.

44

44.—(1) Where rules under section 27 or rules mentioned in section 49 of this Act require printed copies of the rules or printed abstracts thereof approved by An Chomhairle to be posted and kept posted, such copies shall be posted and kept posted—

(a) in a prominent place in every premises in which are employed persons to whom the rules relate, and

(b) in such characters and in such position as to be conveniently read by persons so employed in such premises.

(2) A person shall not wilfully pull down, injure or deface any copy or abstract of rules posted in pursuance of this section.

Offences and penalties.

45

45.—(1) Where a person on whom a notice is served under section 26 of this Act in respect of any return, information or record fails or neglects to comply with the requirements of the notice, he shall be guilty of an offence unless he satisfies the Court that the return, information or record was not necessary for the carrying out of its functions by An Chomhairle or, in the case of such information, that it was not in his possession.

(2) Where a person on whom a notice is served under the said section 26—

(a) furnishes in pursuance of a requirement of the notice any return or other information which to his knowledge is false or misleading in any material particular,

(b) makes in a record required by the notice to be produced an entry which to his knowledge is false or, with intent to deceive, makes use of any such entry which he knows to be false,

he shall be guilty of an offence.

(3) A person who contravenes paragraph (a), (b), (c) or (e) of subsection (5) of section 27, section 31, section 35 or subsection (2) of section 44 of this Act shall be guilty of an offence.

(4) Where a person who is required by rules under section 27 of this Act to post and keep posted, in accordance with section 44 of this Act, copies of the rules or copies of abstracts thereof approved by An Chomhairle, fails or neglects to comply with the requirements, he shall be guilty of an offence.

(5) Where a person of whom a requirement is made by rules mentioned in paragraph (e) of subsection (1) of section 27 of this Act fails or neglects to comply with the requirement, he shall be guilty of an offence.

(6) Where a person contravenes rules mentioned in paragraph (f) of subsection (1) of section 27 of this Act, he shall be guilty of an offence.

(7) (a) In case a person on whom a notice under paragraph (a) of subsection (2) of section 32 of this Act is served, at any time while failing or neglecting to comply with the requirement of the notice, either is on any premises in the occupation of the employer on whom a notice relating to the person is served under paragraph (b) of the said subsection (2), or does work for or on behalf of the employer, the employer shall be guilty of an offence.

(b) Where an employer is charged with an offence under this subsection, it shall be a good defence for him to show that—

(i) after the service on him of the notice secondly mentioned in paragraph (a) of this subsection he took reasonable steps to ensure that the requirement of the notice would be complied with, and

(ii) the person mentioned in paragraph (a) of this subsection was at the relevant time on the premises without the employer’s consent.

(8) A person who fails or neglects to comply with the requirements of subsection (1) or (2) of section 34 of this Act or of a notice under either of those subsections served on him shall be guilty of an offence.

(9) A person who contravenes subsection (3) of section 41 of this Act shall be guilty of an offence.

(10) Where a person—

(a) prevents or attempts to prevent a person from appearing before an authorised officer exercising any of the powers conferred on an authorised officer by subsection (1) of section 42 of this Act,

(b) wilfully refuses to answer questions lawfully put to him by an authorised officer under that subsection,

(c) refuses to sign a declaration which he is lawfully required by an authorised officer to sign under that subsection, or

(d) in any other manner obstructs or impedes an authorised officer in the exercise of any of the powers conferred upon an authorised officer by that subsection,

he shall be guilty of an offence.

(11) Where a person upon whom a notice under subsection (3) of section 42 of this Act is served fails or neglects to comply with the requirements of the notice, he shall be guilty of an offence.

(12) (a) A person who is guilty of an offence under subsection (9) of this section shall be liable on conviction thereof on indictment to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a fine not exceeding one hundred pounds for every day on which the offence is continued.

(b) A person who is guilty of an offence under any other subsection of this section shall be liable on summary conviction to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued.

(13) Where an offence under this Act is proved to have been committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary, other officer or servant of such body corporate, such director, manager, secretary, other officer or servant or any person purporting to act in such capacity shall also be deemed to have committed the said offence and he as well as the body corporate shall be deemed to be guilty of the offence.

Prosecution of offences.

46

46.—An offence under this Act may be prosecuted by An Chomhairle.

Annotations:

Editorial Notes:

E265

Power to prosecute offences (1.05.1997) accorded to An Fóras by Labour Services Act 1987 — Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 11.

E266

Previous affecting provision: power to prosecute offences (1.08.1995) accorded to An Fóras by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 11; revoked (1.05.1997) by Labour Services Act 1987—Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 1(3).

E267

Previous affecting provision: power to prosecute offences (1.09.1994) accorded to An Fóras by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. 228 of 1994), rule 11; revoked (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).

E268

Previous affecting provision: power to prosecute offences (1.09.1993) accorded to An Fóras by Labour Services Act 1987—Apprenticeship Rules 1993 (S.I. No. 236 of 1993), rule 11; revoked (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. 228 of 1994), rule 1(3).

Proof of orders, rules and regulations.

47

47.—Section 4 of the Documentary Evidence Act, 1925, shall apply to all orders, rules and regulations under this Act.

Service and signing of notices.

48

48.—(1) A notice given pursuant to this Act or rules or regulations thereunder or rules mentioned in section 49 of this Act may be served on a person—

(a) by delivering it to him, or

(b) by sending it by registered post in an envelope addressed to him at the address at which he ordinarily resides or carries on business.

(2) A notice given pursuant to this Act or rules thereunder or rules mentioned in section 49 of this Act by An Chomhairle may be signed by an officer of An Chomhairle authorised in that behalf.

(3) For the purposes of subsection (1) of this section, a company registered under the Companies Act, 1963, shall be deemed to carry on business at its registered office and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.

Annotations:

Modifications (not altering text):

C16

A company registered under the Companies Act 1963 construed (1.06.2015) by Companies Act 2014 (38/2014), s. 6(1), S.I. No. 169 of 2015.

Construction of references in other Acts to companies registered under Companies (Consolidation) Act 1908 and Act of 1963

6. (1) References in any Act, other than this Act, to a company formed and registered, or registered, under the Companies (Consolidation) Act 1908 or the Act of 1963 shall, unless the contrary intention appears, be read as references to a company formed and registered, or registered, under whichever of those Acts is appropriate or this Act.

...

Transitional provisions.

49

49.—(1) Notwithstanding anything contained in section 7 of this Act the following provisions shall apply:

(a) an order under section 21 or section 22 of the Act of 1959 in force immediately before the establishment day shall continue in force and may be amended or revoked by An Chomhairle by order under this section, subject, in the case of an order under the said section 22, to the modification that for any reference therein to functions to be performed by the committee established by the order there shall be substituted a reference to the function of advising and assisting An Chomhairle as respects the performance by An Chomhairle of its functions in relation to the activity of industry corresponding to the trade standing specified for the time being in the order, and any reference to An Cheard Chomhairle in any order under either of the said sections shall be construed as a reference to An Chomhairle.

(b) every rule and every notice made or given under the Act of 1959 in force immediately before the establishment day shall continue in force and every such rule shall be administered by An Chomhairle in respect of the area for and in respect of which it was actually made under the Act of 1959, and every such rule may be amended or revoked by An Chomhairle by order under this section, and proceedings and penalties arising in relation to any such rule or notice before, on or after the establishment day, may be prosecuted, recovered and enforced by An Chomhairle,

(c) every document purporting to be an instrument made by An Cheard Chomhairle and to be sealed with the seal (purporting to be authenticated in accordance with section 16 of the Act of 1959) of An Cheard Chomhairle shall continue to be received in evidence and to be deemed to be such instrument without proof unless the contrary is shown,

(d) in case a committee established by an order under the said section 22 has not before the establishment day made rules in accordance with the requirement of subsection (1) of section 29 of the Act of 1959, An Chomhairle may, on the advice of the committee, make such rules and any rules made under this paragraph shall, for the purposes of section 45 of this Act, have effect as if they were made under paragraph (e) of subsection (1) of section 27 of this Act, and

(e) a certificate issued under section 56 of the Act of 1959 in force immediately before the establishment day shall, if and in so far as it relates to any such rule, continue in force and may be amended or revoked by An Chomhairle by certificate under this section.

(2) An Chomhairle may by order amend or revoke an order under this section and may by certificate amend or revoke a certificate under this section.

(3) All property, whether real or personal (including choses-in-action), which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for An Cheard Chomhairle and all rights, powers and privileges relating to or connected with any such property shall on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) An Chomhairle for all the estate, term or interest for which the same immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for An Cheard Chomhairle, but subject to all trusts, conditions and equities affecting the same and then subsisting and capable of being performed.

(4) All property transferred by this section which immediately before the establishment day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of An Cheard Chomhairle shall, upon the request of An Chomhairle made at any time on or after the establishment day, be transferred in such books by such bank, corporation or company into the name of An Chomhairle.

(5) Every chose-in-action transferred by this section from An Cheard Chomhairle to An Chomhairle may, on or after the establishment day, be sued upon, recovered, or enforced by An Chomhairle in its own name and it shall not be necessary for An Chomhairle to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(6) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by An Cheard Chomhairle shall, on the establishment day, become and be the debt or liability of An Chomhairle and shall be paid or discharged by and may be recovered from and enforced against An Chomhairle accordingly.

(7) Every arrangement made under section 39 of the Act of 1959 and every contract which was entered into and is in force immediately before the establishment day between An Cheard Chomhairle and any person shall continue in force on and after the establishment day, but every such contract shall be construed and have effect as if An Chomhairle were substituted therein for An Cheard Chomhairle, and every such arrangement and every such contract shall be enforceable by or against An Chomhairle accordingly.

(8) Where, immediately before the establishment day, any legal proceedings are pending to which An Cheard Chomhairle is a party, the name of An Chomhairle shall be substituted for that of An Cheard Chomhairle, and the proceedings shall not abate by reason of such substitution.

(9) Every register kept under section 44 of the Act of 1959 by an apprenticeship committee within the meaning of that Act shall be included in and shall be deemed to be part of the register required to be kept by An Chomhairle under section 33 of this Act.

(10) F18[…]

Annotations:

Amendments:

F18

Repealed (25.03.1999) by Finance Act 1999 (2/1999), s. 197 and sch. 6, commenced on enactment, subject to transitional provisions in s. 197.

Editorial Notes:

E269

Power pursuant to section exercised (1.12.1981) by Apprenticeship Act (Designated Trade) (Printing Trade) Amendment Order (S.I. No. 379 of 1981).

E270

Power pursuant to section exercised (1.03.1977) by Period of Apprenticeship Amendment Order 1977 (S.I. No. 57 of 1977).

E271

Power pursuant to section exercised (1.09.1976) by Period of Apprenticeship Amendment Order 1976 (S.I. No. 205 of 1976).

E272

Power pursuant to section exercised (1.09.1976) by Apprenticeship Educational Qualifications Amendment Order 1976 (S.I. No. 204 of 1976).

E273

Power pursuant to section exercised (1.06.1976) by Industrial Training Act (Revocation of Initial Registration Fee) Order 1976 (S.I. No. 131 of 1976).

FIRST SCHEDULE

An Chomhairle

Section 8.

F19[…]

Annotations:

Amendments:

F19

Schedule repealed (1.07.1987 and on dissolution of An Chomhairle) by Labour Services Act 1987 (15/1987), s. 26(1), commenced on enactment.

SECOND SCHEDULE

Industrial Training Committees

Section 24.

F20[…]

Annotations:

Amendments:

F20

Schedule repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Editorial Notes:

E274

Previous affecting provision: application of art. 11 not restricted (15.06.1989) by Industrial Training (Textiles, Clothing and Footwear Committee) Order 1989 (S.I. No. 143 of 1989), art. 8. Schedule subsequently repealed as per F-note above.

E275

Previous affecting provision: application of art. 11 not restricted (16.10.1972) by Industrial Training (Chemical and Allied Products Committee) Order 1972 (S.I. No. 259 of 1972), art. 7. Schedule subsequently repealed as per F-note above.

E276

Previous affecting provision: application of art. 11 not restricted (23.04.1970) by Industrial Training (Printing and Paper Committee) Order 1970 (S.I. No 87 of 1970), art. 7. Schedule subsequently repealed as per F-note above.

E277

Previous affecting provision: application of art. 11 not restricted (7.01.1970) by Industrial Training (Food, Drink and Tobacco Committee) Order 1970 (S.I. No. 3 of 1970), art. 7. Schedule subsequently repealed as per F-note above.

E278

Previous affecting provision: application of art. 11 not restricted (11.11.1969) by Industrial Training (Clothing & Footwear Committee) Order 1969 (S.I. No. 219 of 1969), art. 7. Schedule subsequently repealed as per F-note above.

E279

Previous affecting provision: application of art. 11 not restricted (4.09.1969) by Industrial Training (Construction Committee) Order 1969 (S.I. No. 172 of 1969), art. 7. Schedule subsequently repealed as per F-note above.

E280

Previous affecting provision: application of art. 11 not restricted (4.09.1969) by Industrial Training (Textiles Committee) Order 1969 (S.I. No. 171 of 1969), art. 7. Schedule subsequently repealed as per F-note above.

E281

Previous affecting provision: application of art. 11 not restricted (26.06.1969) by Industrial Training (Engineering Committee) Order 1969 (S.I. No. 121 of 1969), art. 7. Schedule subsequently repealed as per F-note above.