Employment and Training Act 1981 This Act amended the 1964 Industrial Training Act and abolished the Employment Service Agency and the Training Services Agency. The printed version of this Act does not have a preliminary page setting out the contents, so I have created it here. The page number in this section (i) is therefore arbitrary.
The text of the Employment and Training Act 1981 was prepared by Derek Gillard and uploaded on 1 December 2020. |
Employment and Training Act 1981 © Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland. [page i] Section 1 Industrial training orders
8 The Industrial Training Boards' Combined Pension Fund
11 Short title, repeals, commencement and extent
Schedule 1 - Miscellaneous amendments to Industrial Training Act 1964
[page 1] An Act to amend the Industrial Training Act 1964; to abolish the Employment Service Agency and the Training Services Agency; to provide for the retention of receipts by certain bodies; and for connected purposes. [31st July 1981] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1 Industrial training orders (1) In section 1 of the Industrial Training Act 1964 (power of Minister to make industrial training orders establishing industrial training boards) - (a) in subsection (1) for the words "if the Manpower Services Commission submits to him proposals that he should do so" there shall be substituted the words "subject to the provisions of this section"; [page 2] (2) For subsections (1) and (2) of section 9 of the said Act of 1964 there shall be substituted -(b) he has consulted the Commission and the Commission has given him such a statement (whether or not the Commission has also given him its own views).(4A) Where the Commission proposes to submit to the Minister proposals for the making of an industrial training order or is consulted by the Minister in connection with the making of such an order, the Commission shall consult -(a) such organisations or associations of organisations appearing to the Commission to be representative of substantial numbers of employers or employees and such bodies established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking as the Commission thinks fit; and(4B) Any consultations required to be carried out under this section may be in such form and in respect of such matters (whether or not related to the making of a specific order) as the Minister, or, in a case where the consultations Me carried out by it, the Commission thinks fit.". "(1) The Minister may by order -(3) Where any consultations are required by virtue of this section and the Secretary of State is satisfied that adequate consultations have taken place before the coming into force of this section, no further consultations shall be required.(a) amend an industrial training order; orand the provisions of subsections (4) to (4B) of section 1 of this Act shall apply to the making of an order under this subsection as they apply to the making of an industrial training order." 2 Industrial training levies (1) In subsection (1) of section 4 of the Industrial Training Act 1964 (c. 16) (power of industrial training boards to impose levy on employers for the purpose of encouraging adequate training in the industry) for the words "encouraging adequate training in the industry" there shall be substituted the words "raising money towards meeting its expenses". [page 3] (2) Any sum paid to an industrial training board in pursuance of a levy imposed under an order made before the coming into force of subsection (1) above may be used by the board to meet any of its expenses. 3 Exemption from levies (1) For subsections (1) and (2) of section 4A of the Industrial Training Act 1964 (c. 16) (proposals for exemption by certificates from levies) there shall be substituted - "(1) An industrial training board may from time to time, and shall whenever directed to do so by the Commission and, subject to subsection (1A) below, always at or before the time when it submits proposals in respect of a levy under section 7 of this Act, submit to the Commission for its approval proposals for the issue of certificates (in this Act referred to as "exemption certificates") which while in force are to exempt from relevant levy employers in the industry who -(a) make arrangements for the training, or the training and further education associated with training, of persons employed or to be employed in the industry; andand in this subsection "relevant levy" means levy which, apart from any exemption certificate, is payable to the board in question by virtue of this Act by employers in the industry, other than levy which the levy order authorising it provides is to be payable notwithstanding any exemption certificate. [page 4] (2) In subsection (1) of section 4B of that Act (certificates of exemption from levy) -(c) proposals within section 7(1B)(a) below by virtue of which any exemption certificates issued to those employers will not exempt them from any of the levy.(1B) The criteria for arrangements made by employers which by virtue of paragraph (b) of subsection (1) of this section are to be specified in proposals submitted under that subsection must relate to the quality or amount of training, or training and education, provided for by the arrangements, but need not relate solely to the needs of establishments of the employers; and the proposals may specify different criteria as respects arrangements made by different categories of employers. (a) for the words from "persons needed" to "establishment of his" there shall be substituted the words "persons employed or to be employed in the industry"; and(3) In subsection (2)(a) of that section for the words from "persons" to "relates" there shall be substituted the words "persons employed or to be employed in the industry". (4) For subsection (1B) of section 7 of that Act (proposals by board for securing that exemption certificates do not exempt employers from the whole or a portion of the levy) there shall be substituted - "(1B) Subject to subsection (1BBB) below, any proposals made by a board in pursuance of paragraph (b) of subsection (1) of this section may include -(a) proposals for securing that exemption certificates issued by the board shall not exempt from the whole or a portion of the levy the employers or some of the employers in the industry; or [page 5] (5) In section 4 of that Act -(b) proposals that no exemption certificates shall be issued by the board,and, if such proposals are included shall also include such information or further information as the Commission directs the board to furnish, and any additional information which the board considers appropriate, for the purpose of assisting the Minister to decide whether a levy order made in pursuance of the proposals would fall within paragraph (c) of section 4(2A) of this Act and, if so, whether sub-paragraph (i) of that paragraph would apply. (a) for paragraph (c) of subsection (2A) there shall be substituted -"(c) he is satisfied that such of the proposals under the said section 7 as were made in pursuance of subsection (1B) of that section and are within subsection (1BBB) of that section are necessary to encourage adequate training in the industry and either -(i) the relevant organisations consider, after taking reasonable steps to ascertain the views of the persons they represent that the proposals are necessary to encourage adequate training in the industry, or [page 6] (b) in sub-paragraph (i) of paragraph (d) of that subsection for the words from "the aggregate" to the end of the sub-paragraph there shall be substituted the words "the relevant emoluments, or ";sub-paragraph (i) of this paragraph and either -(a) the proposals to which the former order gave effect were that no exemption certificates should be issued or that the exemption certificates to be issued should not exempt employers from any of the levy, or(iii) neither paragraph (i) nor (ii) above applies but the proposals are considered by him to be appropriate in the circumstances;". [page 7] 4 Enterprize Zones(d) in subsections (2A) and (4) for the words "falling within paragraph (d)(ii)" there shall be substituted the words "falling within paragraph (c)(iii) or (d)(ii) ".to more than half the aggregate amount of those payments"; and (1) No employer shall be liable to any levy imposed by an order made under section 4 or section 9(1)(b) of the Industrial Training Act 1964 (c. 16) in respect of any establishment situated wholly or mainly within an area designated as an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65); and for the purposes of any order made under the said section 4 such an establishment shall be treated as if it were not carrying on business. (2) No such levy as is mentioned in subsection (1) above shall be imposed by reference to emoluments paid or payable to an employee whose employment is carried on at or from such an establishment as is mentioned in that subsection. (3) An employer shall not be obliged to comply with a requirement imposed under section 6 of the said Act of 1964 (returns, information and records) in respect of an establishment or employee if - (a) at the time the requirement is imposed the establishment is situated as mentioned in subsection (1) above or, as the case may be, the employee's employment is carried on at or from such an establishment, or(4) The Secretary of State may by order made by statutory instrument provide that this section shall not apply in relation to such employees or such establishments as he may specify in the order or shall apply to them with such modifications as he may so specify; but no such order shall be made unless the Secretary of State has first consulted the Manpower Services Commission or the Commission has submitted proposals to him for an order under this subsection. (5) An order made by virtue of subsection (4) above shall be subject to annulment by a resolution of either House of Parliament. 5 Default powers in relation to industrial training boards (1) In subsection (1) of section 7 of the Industrial Training Act 1964 (c. 16) (proposals for exercise of board's functions and for levies) after paragraph (b) there shall be inserted the words "and a direction by the Commission under this subsection shall specify the time within which the board shall submit the proposals". [page 8] (2) For subsection (2) of that section there shall be substituted - "(2) Where proposals submitted to the Commission by a board under subsection (1) above appear unsatisfactory to the Commission, it may direct the board to submit fresh proposals within a specified time, stating in the direction in what respect the proposals already submitted appear to the Commission unsatisfactory; and where the fresh proposals also appear unsatisfactory to the Commission it shall report on them to the Minister and, if it appears to the Minister after he has considered the Commission's report that the fresh proposals are unsatisfactory, he may make an order declaring the board to be in default.(3) In subsections (3), (4) and (5) of the said section 7 the words "subsection (2) of" shall be omitted. (4) At the beginning of subsection (4) of section 4A of that Act (subsections (2) to (6) of section 7 to have effect in relation to directions under subsection (1) of section 4A) there shall be inserted the words "A direction by the Commission under subsection (1) of this section shall specify the time within which the board shall submit the proposals and". [page 9] 6 Miscellaneous amendments The Industrial Training Act 1964 (c. 16) shall have effect with the amendments specified in Schedule 1 to this Act. 7 The Agricultural Training Board Sections 1 to 6 above do not affect the Industrial Training Act 1964 in its application to the Agricultural Training Board and accordingly references in those sections and in Schedule 1 to this Act to provisions of that Act which are set out in Part II of Schedule 2 to the Employment and Training Act 1973 (c. 50) are references to those provisions as so set out. 8 The Industrial Training Boards' Combined Pension Fund The trustees of the Industrial Training Boards' Combined Pension Fund may, with the consent of three quarters of the number of the industrial training boards whose officers and servants are eligible to benefit from the Fund, make such amendments of the rules of the Fund as they think fit. 9 Abolition of Employment Service Agency and Training Services Agency (1) The Employment Service Agency and the Training Services Agency shall cease to exist. (2) The provisions of Schedule 2 to this Act, Part I of which contains provisions supplementary to the abolition of the said Agencies and Part II of which contains amendments consequential on their abolition, shall have effect. 10 Retention of receipts by certain bodies (1) Any sums received by a body to which this section applies shall be paid into the Consolidated Fund except to such extent as the Secretary of State and the Treasury agree to their retention by that body. (2) This section applies to the Manpower Services Commission, the Advisory, Conciliation and Arbitration Service, the Health and Safety Commission and the Health and Safety Executive. 11 Short title, repeals, commencement and extent (1) This Act may be cited as the Employment and Training Act 1981. (2) The enactments mentioned in Schedule 3 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule. (3) The following provisions of this Act, namely section 2, paragraphs 1, 7 and 8 of Schedule 1 and the entry in Schedule 3 relating to paragraph 10 of the Schedule to the Industrial Training Act 1964 (c. 16), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and - (a) different days may be appointed in pursuance of this subsection for the purposes of different provisions or for different purposes of the same provision; and [page 10] (b) any such order may contain such transitional, incidental and supplementary provisions as the Secretary of State considers appropriate in connection with the order.(4) The provisions of this Act (other than paragraph 16 of Schedule 2 and the repeals consequential on that paragraph) do not extend to Northern Ireland. [page 11] Section 6 1. In section 3 of the Industrial Training Act 1964 (establishment of committees) - (a) for subsection (2) there shall be substituted -2. After section 8 of that Act there shall be inserted -"(2) An industrial training board may pay or, as the case may be, join in paying -(b) in subsection (2A) -(a) to the members of such a committee such allowances for loss of remunerative time as the Minister may with the approval of the Minister for the Civil Service determine and such travelling, subsistence and other allowances as the board or, as the case may be, the boards may determine; and "8A Publication of information by industrial training boards3. After subsection (5) of section 9 of that Act there shall be inserted - "(5A) Where an order has been made under subsection (1)(b) of this section for the winding up of a board, the Minister may out of moneys provided by Parliament -(a) pay such pension, superannuation allowance or gratuity to or in respect of the former chairman of the board [page 12] 4. In section 9A of that Act (transfer of establishment's activities from industry of one board to another's at request of employer) -as he may with the approval of the Minister for the Civil Service determine; and (a) in subsection (1), for the words from "the Commission may if it thinks fit" onwards there shall be substituted the words "the Commission shall after consulting both boards in question about the request, submit it to the Minister together with a statement of the boards' views and may also submit its recommendation as to whether he should give effect to the request";5. At the end of section 12(1) of that Act there shall be inserted the words "and the order imposing the levy shall make provision as to the time within which such an appeal may be made". 6. At the end of paragraph 5 of the Schedule to that Act there shall be inserted the words "and no such matter shall be decided except in accordance with the votes of the majority of the members who were appointed as mentioned in paragraph 3(a) of this Schedule after consultation with organisations or associations of organisations representative of employers engaging in the industry.". 7. In paragraph 10 of that Schedule (appointment of industrial training board's servants on such terms as the board may determine with the approval of the Minister given with the consent of the Minister for the Civil Service) the words from" with the approval" onwards shall be omitted. 8. For paragraph 11 of that Schedule there shall be substituted - "11. A board may pay to its members such allowances for loss of remunerative time as the Minister may determine with the approval of the Minister for the Civil Service and such travelling, subsistence and other allowances as the board may determine.". [page 13] Section 9 PART I SUPPLEMENTARY PROVISIONS 1. Subject to the provisions of this Schedule - (a) any rights or obligations of the Employment Service Agency or the Training Services Agency ("the Agencies") and any property held by either of the Agencies shall become rights, obligations and property of the Manpower Services Commission; and2. Any legal proceedings to which either of the Agencies is a party may be continued after the time when section 9 of this Act comes into force by or in relation to the Manpower Services Commission. 3. Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before that time and still in effect at that time which relates to property, rights or obligations of either of the Agencies which are vested in the Manpower Services Commission by paragraph 1 above shall continue in effect but subject to the following modifications, so far as they are applicable - (a) if either of the Agencies is a party thereto, the Manpower Services Commission shall be substituted as that party; [page 14] CONSEQUENTIAL AMENDMENTS 4. In section 6(3) of the Industrial Training Act 1964 for the words from "the Employment Service Agency" to the end there shall be substituted the words "or an officer of the Commission". 5. In Schedule 2 to the Parliamentary Commissioner Act 1967 the words "Employment Service Agency" and "Training Services Agency" shall be omitted. 6. In section 1(4) of the Local Employment Act 1972 for the words "the Employment Service Agency" and "the Agency" there shall be substituted respectively the words "the Manpower Services Commission" and "the Commission". 7. In section 1(5) of the Industry Act 1972 for the words "the Employment Service Agency" and "the Agency" there shall be substituted respectively the words "the Manpower Services Commission" and "the Commission". 8 (1) In subsection (1) of section 1 of the Employment and Training Act 1973 for the words "three bodies" there shall be substituted the words "a body" and the words from "the Employment" to "each of" shall be omitted. (2) Subsection (4) of that section shall be omitted. (3) In subsection (5) of that section the words "and the Agencies" shall be omitted. (4) In subsection (7) of that section the words "and of the Agencies" shall be omitted and for the word "their" there shall be substituted the word "its". (5) In subsection (8) of that section for the words from "and the Agencies" to "government departments" and the words "public departments" there shall be substituted respectively the words "as if it were a government department" and "a public department". 9. In section 2 of that Act, there shall be omitted - (a) in subsection (3), the words following paragraph (c);10. In section 4 of that Act - (a) in subsection (3) -(i) in paragraphs (a) and (b) the words "or either of the Agencies" shall be omitted. [page 15] 11. In section 5(3) of that Act the words "or either of the Agencies" shall be omitted.(ii) in paragraph (c) the words "either of the Agencies or" shall be omitted,(b) in subsection (4) the words "either of the Agencies" shall be omitted; 12. In section 11(1) of that Act the words from "and it" onwards shall be omitted. 13. In section 13(1) of that Act the definition of "the Agencies" shall be omitted. 14. Paragraph 21 of Schedule 1 to that Act shall be omitted. 15. In paragraphs (a) and (b) of section 20(5) of the Social Security Act 1975 for the words "the Employment Service Agency" there shall be substituted the words "the Manpower Services Commission". 16. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 the words "The Employment Service Agency" and "The Training Services Agency" shall be omitted. 17. In section 14(2)(b) of the Sex Discrimination Act 1975 the words from "the Employment" onwards shall be omitted. 18. For subsection (1) of section 16 of that Act there shall be substituted - "(1) It is unlawful for the Manpower Services Commission to discriminate in the provision of facilities or services under section 2 of the Employment and Training Act 1973." 19. In section 13(2)(b) of the Race Relations Act 1976 the words from "the Employment" onwards shall be omitted. 20. For subsection (1) of section 15 of that Act there shall be substituted - "(1) It is unlawful for the Manpower Services Commission to discriminate in the provision of facilities or services under section 2 of the Employment and Training Act 1973". [page 16] 21. In section 22(6)(b) of the Social Security (Miscellaneous Provisions) Act 1977 the words from "the Employment" onwards shall be omitted.
Section 11(2)
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