Apprenticeship Act, 1959

• Jurisdiction: Ireland
• Citation: IR No. 39/1959

Number 39 of 1959.
APPRENTICESHIP ACT, 1959.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title. 2. Interpretation. 3. Establishment day. 4. Application where apprentices employed by the State. 5. Rules (prescribed matters). 6. Expenses of Ministers. 7. Repeal.
PART II.
An Cheard-Chomhairle.
8. Establishment of An Cheard-Chomhairle. 9. Membership. 10. Chairman. 11. Appointment, term of office etc., of ordinary members. 12. Casual vacancies. 13. Meetings and procedure. 14. Officers and servants. 15. Application of Superannuation Acts, 1834 to 1956, to service in the office of chairman. 16. Seal. 17. Accounts and audits. 18. Annual report. 19. Grants.
PART III.
Designated Trades, Apprenticeship Districts and Apprenticeship Committees.
20. Examination of methods for recruitment and training. 21. Designated trades. 22. Apprenticeship districts and apprenticeship committees. 23. An Chomhairle acting as or for apprenticeship committee. 24. Apprenticeship classification rules. 25. Rules regulating educational qualifications. 26. Rules regulating minimum age of entry. 27. Rules regulating dismissal. 28. Rules in relation to period of apprenticeship. 29. Rules regulating training. 30. Rules prohibiting apprenticeship premium. 31. Rules as to reports by employers on progress. 32. Rules specifying form of contract of apprenticeship effected by deed. 33. Power to make different provisions for different areas in an apprenticeship district. 34. Confirmation of rules made by apprenticeship committee. 35. Notice of intention to make or confirm rules. 36. Publication of notice of making or confirmation of rules. 37. Taking of persons into employment as apprentices. 38. Number to be taken into employment by way of apprenticeship. 39. Education of apprentices. 40. Records by apprentices of training. 41. Examination. 42. Issue of certificates. 43. Register of candidates for apprenticeship. 44. Register of apprentices. 45. Investigations of disputes and reports. 46. Notifications. 47. Gratuities. 48. Scholarships. 49. Prizes and sending abroad. 50. Facilitating employment by way of apprenticeship. 51. Interference with employers. 52. Arrangements in case of trade dispute. 53. Supervisors. 54. Advisory Committees. 55. Fees payable to An Chomhairle. 56. Power to exclude certain apprenticeship agreements, schemes and arrangements. 57. Power to exempt employers in certain cases.
PART IV.
Miscellaneous.
58. Powers of authorised officers. 59. Powers of supervisors. 60. Certificates of authorised officers and supervisors. 61. Posting of copies of rules. 62. Offences and penalties. 63. Prosecution of offences. 64. Restriction on certain agreements and order under the Industrial Relations Act, 1946. 65. Gifts. 66. Proof of orders and rules. 67. Service and signing of notices.
Acts Referred to Apprenticeship Act, 1931 1931, No. 56 Superannuation Act, 1956 1956, No. 38 Local Government (Superannuation) Act, 1956 1956, No. 10 Industrial Relations Act, 1946 1946, No. 26
Number 39 of 1959.
APPRENTICESHIP ACT, 1959.
AN ACT TO MAKE BETTER PROVISION FOR THE REGULATION OF APPRENTICESHIP IN CERTAIN TRADES AND FOR THAT PURPOSE TO ESTABLISH A BODY TO BE KNOWN AS AN CHEARD-CHOMHAIRLE AND TO DEFINE ITS POWERS AND DUTIES, TO REPEAL THE APPRENTICESHIP ACT, 1931 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [15th December, 1959.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title.	1.—This Act may be cited as the Apprenticeship Act, 1959.
	Interpretation.	2.—(1) In this Act, save where the context otherwise requires—
	“An Chomhairle” has the meaning specified in subsection (1) of section 8 of this Act;
	“apprenticeship committee” means a committee established by an order under section 22 of this Act;
	“apprenticeship district” means an area which is an apprenticeship district under an order under section 22 of this Act;
	“authorised officer” means a person appointed by the Minister to be an authorised officer for the purposes of this Act;
	“designated trade” means a trade which is for the time being declared by an order under section 21 of this Act to be a designated trade for the purposes of this Act and references to the carrying on of a designated trade and to employment by way of apprenticeship in a designated trade shall, in the case of a trade which is a designated trade in part only of the State, be construed, respectively, as referring to the carrying on of the trade and to employment by way of apprenticeship in the trade in that part of the State;
	“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;
	“functions” includes powers and duties;
	“the Minister” means the Minister for Industry and Commerce;
	“prescribed” means prescribed by rules made by An Chomhairle under this Act;
	“supervisor” means a person appointed under section 53 of this Act to be a supervisor for the purposes of this Act;
	“trade” means any industry, occupation or business, and also includes any distinct branch of a trade, but does not include agriculture, horticulture, the making of butter, cheese or other dairy products or professional or clerical occupations.
	(2) 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 where apprentices employed by the State.	4.—This Act applies where persons are employed by way of apprenticeship by or under 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 Ministers.	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.
	Repeal.	7.—(1) The Apprenticeship Act, 1931 , is hereby repealed.
	(2) Subsection (1) of this section shall come into operation on the appointed day.
	(3) Between the passing of this Act and the appointed day, no order shall be made under paragraph (a) of subsection (1) of section 2 of the Apprenticeship Act, 1931 .
	(4) In this section “the appointed day” means the day appointed by order made by the Minister to be the appointed day for the purposes of this section.
PART II. An Cheard-Chomhairle.
	Establishment of An Cheard-Chomhairle.	8.—(1) On the establishment day there shall be established a body to be known as An Cheard-Chomhairle (in this Act referred to as An Chomhairle) to perform the functions assigned to it by this Act.
	(2) An Chomhairle shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.
	Membership.	9.—An Chomhairle shall consist of a chairman and thirteen ordinary members.
	Chairman.	10.—(1) The chairman of An Chomhairle shall be appointed by the Minister and shall, unless he sooner dies, resigns, becomes disqualified or is removed, hold office for such period as the Minister may fix at the time of his appointment.
	(2) The chairman of An Chomhairle shall be known as the Director of Apprenticeship and shall be a whole-time member of An Chomhairle.
	(3) The chairman of An Chomhairle may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
	(4) The Minister may at any time remove the chairman of An Chomhairle from office.
	(5) Where the chairman of An Chomhairle becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be the chairman of An Chomhairle.
	(6) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being the chairman of An Chomhairle.
	(7) The chairman of An Chomhairle shall be paid such remuneration as the Minister, with the consent of the Minister for Finance, determines.
	(8) The chairman of An Chomhairle 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, determines.
	Appointment, term of office, etc., of ordinary members.	11.—(1) Of the ordinary members of An Chomhairle, five shall be workers' members, five shall be employers' members and three shall be educational members.
	(2) The Minister shall, in respect of each workers' member, designate an organisation representative of trade unions of workers to nominate a person for appointment as a workers' member of An Chomhairle and the Minister shall appoint the person so nominated to be a workers' member of An Chomhairle.
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