PART III
SUPPLEMENTAL
14 Expenses
(1) Subject to the provisions of this Act with respect to payments to be made out of the National Insurance Fund or by the National Assistance Board, there shall be paid out of moneys provided by Parliament, to such amount as may be sanctioned by the Treasury, -
(a) any expenditure of the Minister or the Minister of Education or the Secretary of State under this Act;
(b) such expenses or allowances payable to the members of the Council, of the Advisory Committees for Scotland and Wales, of any other committee appointed by the Minister under this Act, or of any committee or sub-committee thereof, as the Minister may with the consent of the Treasury determine.
(2) Any sums paid out of the National Insurance Fund in respect of expenditure of the Minister under this Act shall be paid as an appropriation in aid of moneys provided by Parliament for that expenditure.
15 Supplementary provisions as to National Youth Employment Council, etc
(1) His Majesty may by Order in Council amend any of the provisions of Part I of the First Schedule to this Act relating to the number or qualification of the persons to be appointed as members of the Council or of the Advisory Committee for Scotland or Wales.
(2) Any such Order in Council may be varied or revoked by a subsequent Order in Council.
[page 1017]
(3) A draft of any Order in Council under this section shall be laid before Parliament, and the draft shall not be submitted to His Majesty unless each House of Parliament presents an Address to His Majesty praying that the Order be made.
16 Provisions as to offences
Proceedings for any offence under this Act shall not be instituted except by or with the consent of the Minister.
17 General provisions as to regulations
Any power of the Minister or the Minister of National Insurance to make regulations under this Act shall be exercisable by statutory instrument, and every such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
18 Interpretation
(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-
"compulsory school age" has the meaning assigned to it by section thirty-five of the Education Act 1944 (c. 31);
"industry" means any class or classes of establishments or undertakings or of branches or departments of establishments or undertakings, or any class or classes of such establishments, undertakings, branches or departments in any area, which the Minister may determine to be an industry for the purposes of this Act;
"local authority" means the council of a county, county borough or county district, the common council of the City of London and the council of any metropolitan borough;
"local education authority" means a local education authority as defined by section one hundred and fourteen of the Education Act 1944;
"proprietor" in relation to a school maintained by a local education authority means that authority, and in relation to any other school means the person or body of persons responsible for the management of the school;
"school" means a school as defined by section one hundred and fourteen of the Education Act 1944;
"training course" includes a course of instruction or course of occupation;
"voluntary association" includes any company which is required by its constitution to apply its profits, if any, or other income in promoting its objects and prohibited thereby from paying any dividend to its members.
[page 1018]
(2) Any reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment.
19 Application to Scotland
(1) This Act shall apply to Scotland subject to the modifications specified in this section.
(2) The following expressions, unless the context otherwise requires, shall have the meanings respectively assigned to them that is to say -
"compulsory school age" has the meaning assigned to the expression "school age" by section thirty-two of the Education (Scotland) Act 1946 (9 & 10 Geo. 6. c. 72);
"local authority" means a county or town council;
"local education authority" has the meaning assigned to the expression "education authority" by section one hundred and forty-three of the Education (Scotland) Act 1946;
"proprietor" in relation to a school under the management of an education authority means that authority, and in relation to any other school means the person or body of persons responsible for the management of the school;
"school" has the meaning assigned to that expression by section one hundred and forty-three of the Education (Scotland) Act 1946.
(3) Any reference to the recovery of a sum summarily as a civil debt shall have effect as if the word "summarily" were omitted.
(4) Nothing in the provisions of Part V of the
Local Government (Scotland) Act 1947 (10 & 11 Geo. 6. c. 43), with regard to the constitution of sub-committees of local authorities shall apply to a Youth Employment Committee.
(5) Section sixteen of this Act shall not apply.
20 Provisions as to Northern Ireland
(1) No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act 1920 (10 & 11 Geo. 5. c. 67), shall preclude that Parliament from making laws for purposes similar to any of the purposes of this Act.
(2) There shall in respect of each year be charged on and issued out of the Consolidated Fund of the United Kingdom or the growing produce thereof to the Government of Northern Ireland such amount as may be agreed between the Treasury and the Ministry of Finance for Northern Ireland, or as in default of agreement may be determined by the Joint Exchequer Board, to represent the amount of the expenses incurred in that year by that Government under any laws made by the Parliament
[page 1019]
of Northern Ireland for such purposes as aforesaid in so far as any such laws could not have been made by the Parliament of Northern Ireland apart from the last preceding subsection.
21 Repeals
(1) Subject to the provisions of this section, the enactments specified in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) Any regulations made under the Labour Exchanges Act 1909 (9 Edw. 7. c. 7), and any rules or other instruments having effect by virtue of such regulations, shall. if in force immediately before the commencement of this Act, continue in force and have effect as if the regulations had been made under the corresponding provisions of this Act, and may be amended or revoked accordingly.
(3) Any scheme in force under section eighty-one of the Unemployment Insurance Act 1935 (25 & 26 Geo 5. c. 8), immediately before the commencement of this Act shall continue in force until the expiration of six months from the commencement of this Act, and if within that period a scheme under section ten of this Act has been submitted to the Minister by the local education authority, shall continue in force for such further period as the Minister may direct; and while any such scheme is in force, the enactments repealed by this section shall have effect in relation thereto as if this section had not been enacted.
(4) Notwithstanding the repeal by this section of section one hundred and thirty-five of the Education (Scotland) Act 1946, any agency which, immediately before the commencement of this Act, is maintained by an education authority under that section may be maintained thereunder until the expiration of six months from the commencement of this Act, and if within that period a scheme under section ten of this Act has been submitted to the Minister by that authority, may be so maintained for such further period as the Minister may direct.
(5) Nothing in this section shall affect the validity of any regulations made, whether before or after the commencement of this Act, under paragraph (g) of subsection (1) of section sixty-nine of the National Insurance Act 1946, in relation to any enactment repealed by that Act.
22 Short title and extent
(1) This Act may be cited as the Employment and Training Act 1948.
(2) This Act, except section twenty thereof, shall not extend to Northern Ireland.
[page 1020]
SCHEDULES
Section 8
FIRST SCHEDULE
NATIONAL YOUTH EMPLOYMENT COUNCIL AND ADVISORY COMMITTEES FOR SCOTLAND AND WALES
PART I
CONSTITUTION OF COUNCIL AND COMMITTEES
1. The members of the Council shall be appointed by the Minister and shall be not more than thirty-six in number, consisting of -
(a) a chairman and not more than six other persons (including the chairmen of the Advisory Committees for Scotland and Wales) appointed as being independent persons;
(b) one person nominated by each of the following bodies, that is to say:-
The County Councils Association,
The Association of Education Committees,
The Association of Municipal Corporations,
The London County Council,
The Association of County Councils in Scotland,
The Association of Councils of Counties of Cities in Scotland, and
The Welsh Federation of Education Committees;
(c) three persons appointed as representing teachers in England, one as representing teachers in Scotland, and one as representing teachers in Wales;
(d) four persons appointed as representing employers in England, two as representing employers in Scotland, and one as representing employers in Wales;
(e) four persons appointed as representing workmen in England, two as representing workmen in Scotland, and one as representing workmen in Wales;
(f) two persons appointed as representing Youth Employment Committees appointed by the Minister in England, and one as representing Youth Employment Committees so appointed in Scotland.
2. Before appointing any of the persons specified in sub-paragraphs (c) to (e) of the foregoing paragraph the Minister shall consult with such organisations as may appear to him for that purpose to represent the classes of persons referred to in those sub-paragraphs respectively.
3. The members of the Advisory Committee for Scotland shall be appointed by the Minister, and shall be nineteen in number, consisting of -
(a) a chairman and two other persons appointed as being independent persons;
[page 1021]
(b) the members of the Council nominated by the Association of County Councils in Scotland and the Association of Councils of Counties of Cities in Scotland and two other persons nominated by those Associations;
(c) the member of the Council appointed as representing teachers in Scotland and one other person appointed as representing such teachers;
(d) the members of the Council appointed as representing employers in Scotland and two other persons appointed as representing such employers;
(e) the members of the Council appointed as representing workmen in Scotland, and two other persons appointed as representing such workmen;
(f) the member of the Council appointed as representing Youth Employment Committees in Scotland, and one other person appointed as representing Youth Employment Committees appointed by the Minister in Scotland.
4. The members of the Advisory Committee for Wales shall be appointed by the Minister and shall be fourteen in number, consisting of -
(a) a chairman and one other person appointed as being independent persons;
(b) the member of the Council nominated by the Welsh Federation of Education Committees and two other persons nominated by that Federation;
(e) the member of the Council appointed as representing teachers in Wales and one other person appointed as representing teachers in Wales;
(d) the member of the Council appointed as representing employers in Wales, and two other persons appointed as representing employers in Wales;
(e) the member of the Council appointed as representing workmen in Wales, and two other persons appointed as representing such workmen;
(f) one person appointed as representing Youth Employment Committees appointed by the Minister in Wales.
5. Before appointing any of the persons specified in sub-paragraphs (c) to (e) of paragraph 3 or paragraph 4 of this Schedule (other than persons appointed by reason of their being members of the Council) the Minister shall consult with such organisations as may appear to him for that purpose to represent the classes of persons referred to in those sub-paragraphs respectively.
PART II
SUPPLEMENTARY PROVISIONS
6. The Minister may make regulations with respect to the appointment, tenure of office and vacation of office of members of the Council and of the Advisory Committees for Scotland and Wales.
7. The Minister may appoint a Secretary to the Council and to each of the said Advisory Committees.
[page 1022]
8. The Council may appoint such committees, and the said Advisory Committees may appoint such sub-committees, as they think fit, to consider and report upon questions referred to them by the Council or the Advisory Committees, as the case may be, and any such committee or sub-committee may include persons who are not members of the Council or of the Advisory Committees, as the case may be.
9. The Council and the said Advisory Committees shall have power to regulate their own procedure.
10. The proceedings of the Council or of any such Advisory Committee shall not be invalidated by any vacancy in the membership of the Council or committee or by any defect in the appointment or qualification of any member thereof.
SECOND SCHEDULE
Section 21
ENACTMENTS REPEALED
Session and Chapter. | Short Title. | Extent of Repeal |
9 Edw. 7. c. 7. | The Labour Exchanges Act 1909. | The whole Act. |
6 & 7 Geo. 5. c. 68. | The New Ministries and Secretaries Act 1916. | In the Schedule, the words "Labour Exchanges Act 1909". |
25 & 26 Geo. 5. c. 8. | The Unemployment Insurance Act 1935. | The whole Act except sections seventy-six and seventy-eight and, so far as they relate to those sections, sections sixty-one, seventy-nine, eighty, eighty-three, one hundred and four and one hundred and five, and in section one hundred and thirteen the definitions of "authorised course" and "education authority". |
2 & 3 Geo. 6. c. 29. | The Unemployment Insurance Act 1939. | The whole Act. |
9 & 10 Geo. 6. c. 67. | The National Insurance Act 1946. | In section sixty-eight, subsection (2). Part II of the Eleventh Schedule and the Twelfth Schedule. |
9 & 10 Geo. 6. c. 72. | The Education (Scotland) Act 1946. | Section one hundred and thirty-five. |