Industrial training act, 1967

• Enactment Date: 19670767
• Act Number: 5

Number 5 of 1967
INDUSTRIAL TRAINING ACT, 1967
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
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:—
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Industrial Training Act, 1967.
	Interpretation.	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.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
	Application in relation to employment by the State.	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.—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.—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.—(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.—(1) On the establishment day there shall be established a body to be known as An Chomhairle Oiliúna (in this Act referred to as An Chomhairle) to perform the functions assigned to it by this Act.
	(2) The provisions of the First Schedule to this Act shall have effect with respect to An Chomhairle.
	Functions of An Chomhairle.	9.—(1) An Chomhairle shall, in addition to the functions assigned to it by any other provision of this Act, have the following general functions, namely:
	(a) to provide for the training of persons for the purposes of any activity of industry, and
	(b) to promote, facilitate, encourage, assist, co-ordinate and develop the provision of such training by such means as An Chomhairle considers necessary or desirable.
	(2) Without prejudice to the generality of subsection (1) of this section, An Chomhairle may do all or any of the following:
	(a) provide or secure the provision of such courses or other facilities for the training of persons employed or intending to be employed in an activity of industry (including any class of such persons which by reason of age or physical or other disability is, in the opinion of An Chomhairle, at a disadvantage) as it considers necessary, having regard to any courses or other facilities otherwise available to such persons;
	(b) approve such courses or facilities provided by other persons;
	(c) at any time consider any employment in an activity of industry and make recommendations with regard to the nature and length of the training for any such employment and the further education to be associated with the training, the persons by and to whom the training ought to be given, the standards to be attained as a result of the training and the methods of ascertaining whether those standards have been attained;
	(d) apply or make arrangements for the application of tests or other methods for ascertaining the attainment by persons employed in an activity of industry or intending to be so employed of any standards recommended by An Chomhairle and award certificates of the attainment of those standards;
	(e) assist persons in finding facilities for being trained for employment in an activity of industry;
	(f) carry on or assist persons in carrying on research into any matter relating to training for the purposes of an activity of industry;
	(g) pay maintenance and...