Agricultural Training Board Act 1982 (repealed)

The Agricultural Training Board E+W+S

1 The Agricultural Training Board. E+W+S

(1) The provisions of this Act shall have effect in relation to the Agricultural Training Board.

(2) In this Act—

• “agriculture” has the same meaning as in the M1 Agriculture Act 1947 or the M2 Agriculture (Scotland) Act 1948;

• “the Board” means the Agricultural Training Board which was established by the M3 Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966;

• “employee” includes a person engaged under a contract for services, and “employer” shall be construed accordingly;

• “employment” means employment under a contract of service or apprenticeship or a contract for services or otherwise than under a contract, and “employed” shall be construed accordingly;

• “industrial training board” means a board established under section 1 of the M4 Industrial Training Act 1964 or section 1 of the M5 Industrial Training Act 1982;

• “the industry” means the activities in relation to which the Board exercises functions in accordance with the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 (as for the time being amended);

• “the Ministers” means the Ministers concerned with agriculture in England, Scotland and Wales, acting jointly.

(3) Schedule 1 to this Act shall have effect with respect to the Board.

Marginal Citations

M1 1947 c. 48.

M2 1948 c. 45.

M3 S.I. 1966/969.

M4 1964 c. 16.

M5 1982 c. 10.

2 Establishment of committees. E+W+S

(1) The Board may—

(a) appoint committees (which need not include members of the Board);

(b) join with one or more other industrial training boards in appointing joint committees consisting of such persons (whether or not members of an industrial training board) as may be determined by the Board and the other board or boards;

and delegate to any such committee all or any of the functions conferred on the Board by section 4 or by virtue of section 6 below.

(2) The Board may pay or, as the case may be, join in paying—

(a) to the members of such a committee such travelling, subsistence and other allowances (including allowances for loss of remunerative time) as the Ministers may determine with the approval of the Treasury; and

(b) to the chairman of any such committee to which functions mentioned in subsection (1) above are delegated such remuneration as the Ministers may so determine.

(3) The Board may make such arrangements as the Ministers may specify with the approval of the Treasury—

(a) for the payment of pensions, superannuation allowances and gratuities to or in respect of the chairmen of such committees as are mentioned in subsection (2)(b) above;

(b) for the payment of compensation to a person who ceases to be such a chairman otherwise than on the expiry of his term of office where it appears to the Ministers that there are special circumstances which make it right for him to receive compensation.

(4) Subject to any directions of the Board or, in the case of a committee appointed under subsection (1)(b) above, the Board and the other board or boards which appointed it, a committee appointed under this section may regulate its own procedure and fix a quorum for its proceedings.

3 Amendment or revocation of order establishing the Board. E+W+S

(1) The Ministers may by order—

(a) amend the M6 Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 (as for the time being amended); or

(b) revoke that order.

(2) Before making an order under subsection (1)(a) above the Ministers shall consult the Board and any organisation or association appearing to them to be representative—

(a) of employers engaged in activities to be included in or excluded from the order by virtue of the amendments in question; and

(b) of employees engaged in those activities.

(3) Before making an order under subsection (1)(b) above the Ministers shall consult the Board and any organisation or association of organisations appearing to them to be representative—

(a) of substantial numbers of employers engaging in the activities with which the Board is concerned; and

(b) of substantial numbers of persons employed in the activities mentioned in paragraph (a) above.

(4) An order under subsection (1)(a) above may, besides including or without including provisions with respect to any activities of industry or commerce, include provisions with respect to activities relating to agriculture which are not carried on in the course of industry or commerce.

(5) An order under subsection (1)(b) above shall provide for the winding up of the Board.

(6) An order under subsection (1) above may provide for any incidental, transitional or consequential matter for which it appears to the Ministers to be necessary or expedient to provide.

(7) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M6 S.I. 1966/969.

Functions of the Board E+W+S

4 Functions of the Board. E+W+S

(1) The Board—

(a) shall provide or secure the provision of such courses and other facilities (which may include residential accommodation) for the training of persons employed or intending to be employed in the industry as may be required, having regard to any courses or facilities otherwise available to such persons;

(b) may approve such courses and facilities provided by other persons;

[F1 (bb) shall provide or secure the provision of such courses and other facilities (which may include residential accommodation) for the purposes mentioned in section 5A(1) below as may be required, having regard to any courses or facilities otherwise available for those purposes;]

(c) shall from time to time consider such employments in the industry as appear to require consideration and publish recommendations with regard to the nature and length of the training for any such employment and the [F2 post-school 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) may apply or make arrangements for the application of selection tests and of tests or other methods for ascertaining the attainment of any standards recommended by the Board and may award certificates of the attainment of those standards;

(e) may assist persons in finding facilities for being trained for employment in the industry;

(f) may take part in any arrangements made in pursuance of [F3 section 2 . . . F4 ] [F5 . . .] of the M7 Employment and Training Act 1973 [F6 or of section 2(3) of the Enterprise and New Towns (Scotland) Act 1990] (which relate to arrangements for persons to select, train for and obtain suitable employments and to obtain suitable employees) [F7 and may provide services or arrange for the provision of services in pursuance of arrangements made, or a direction given, under section 10 of the M8 Employment and Training Act 1973 (careers services)];

(g) may carry on or assist other persons in carrying on research into any matter relating to training for employment in the industry;

(h) may provide advice about training connected with the industry;

(i) may enter into agreements with persons for the making by them of payments to the Board in respect of the exercise by the Board of any of its functions.

(2) The Board may enter into contracts of service or apprenticeship with persons who intend to be employed in the industry and to attend courses or avail themselves of other facilities provided or approved by the Board.

(3) The Board may, at the request of another industrial training board, provide advice for the other board and courses and other facilities for the training of persons employed or intending to be employed in the industry for which that other board is established.

(4) The Board may—

(a) pay maintenance and travelling allowances to persons attending courses provided or approved by the Board;

(b) make grants or loans to persons providing courses or other facilities approved by the Board;

(c) pay fees to persons providing [F8 post-school education] in respect of persons who receive it in association with their training in courses provided or approved by the Board;

(d) make payments to persons in connection with arrangements under which they or employees of theirs make use of courses or other facilities provided or approved by the Board.

[F9 (5) In this section “post-school education” means—

[F10 (a) in England and Wales, “higher education” as defined by section 120(1) of the Education Reform Act 1988 or “further education” as defined by section 2(3) to (5) of the Education Act 1996; and]

(b) in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.]

Textual Amendments

F1 S. 4(1)(bb) inserted by Agricultural Training Board Act 1987 (c. 29, SIF 2:1), s. 1(1)

F2 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 86(1)(2)

F3 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 Pt. II para. 13

F4 “, 3” repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4)(6), Sch. 7 Pt. I, Sch. 9 para. 4(1)

F5 Words in s. 4(1)(f) repealed (1.4.1994 (E.S.) and 1.4.1995 for all other purposes) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(3), Sch. 3 Table.

F6 Words inserted (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 10

F7 Words in s. 4(1)(f) inserted (1.4.1994 (E.S.) and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 33; S.I. 1993/2503, art. 2(3), Sch. 3.

F8 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 86(1)(2)

F9 S. 4(5) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 86(1)(3)

F10 S. 4(5)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(1), Sch. 37 Pt. I para. 53 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)

Marginal Citations

M7 1973 c. 50.

M8 1973 c. 50.

5 Training for employment overseas. E+W+S

[F11 (1) The Board may, with the consent of the Ministers, exercise such functions in connection with training for equivalent employment outside Great Britain as are exercisable by it under the relevant provisions in connection with training for employment in the industry.

(1A) In subsection (1) above “the relevant provisions” means—

(a) in relation to the training of persons in Great Britain, section 4(1) and (4) above; and

(b) in relation to the training of persons outside Great Britain, paragraphs (a), (e), (g), (h) and (i) of section 4(1) above.]

(2) The Board may delegate any power exercisable by it by virtue of this section to a committee (which need not include members of the Board) appointed for that purpose or to any committee appointed under section 2 above.

[F12 (3) It shall be the duty of the Board so to conduct its affairs as to secure that such of its revenues as are derived from the exercise of functions under subsection (1) above in connection with the training of persons outside Great Britain become at the earliest possible date, and continue thereafter, at least sufficient to enable it to meet such of its expenditure as is incurred in connection with the exercise of those functions.]

Textual Amendments

F11 S. 5(1)(1A) substituted for subsection (1) by Agricultural Training Board Act 1985 (c. 36, SIF 2:1), s. 1(1)

F12 S. 5(3) inserted by Agricultural Training Board Act 1985 (c. 36, SIF 2:1), s. 1(2)

[F13 5A Training for the diversification of agricultural businesses and in amenity skills. E+W+S

(1) The purposes for which the Board shall provide or secure the provision of courses and other facilities under section 4(1)(bb) above are—

(a) the training, in skills relevant to the carrying on of activities not comprised within the industry, of—

(i) persons who are or have been employed in the industry; or

(ii) members of the families of any such persons,

with a view to the diversification of the trades or businesses carried on by persons employed in the industry; and

(b) the training in amenity skills of persons who are not employed in the industry.

(2) In this section “amenity skills” means skills which are relevant to—

(a) the development, improvement, conservation or maintenance of land for sporting, recreational or environmental purposes; or

(b) the rearing or care of animals for any such purposes (excluding the training of animals for any such purposes);

and for the purposes of this definition “animals” includes birds and fish.

(3) Before providing or securing the provision of any courses or other facilities under section 4(1)(bb) above for the purpose mentioned in subsection (1)(a) above, the Board shall consult the Ministers.

(4) It shall be the duty of the Board so to conduct its affairs as to secure that such of its revenues as are derived from the exercise of functions under section 4(1)(bb) above become at the earliest possible date, and continue thereafter, at least sufficient to enable it to meet such of its expenditure as is incurred in connection with the exercise of those functions.]

Textual Amendments

F13 S. 5A inserted by Agricultural Training Board Act 1987 (c. 29, SIF 2:1), s. 1(2)

6 Directions by the Ministers. E+W+S

(1) The Ministers may give to the Board such directions as they think fit with respect to the performance by the Board of its functions; and it shall be the duty of the Board, notwithstanding anything in any other provision of this Act, to comply with the directions.

(2) Any such directions may require the Board to exercise on behalf of the Ministers functions exercisable by the Ministers, whether by virtue of an enactment or otherwise, which are connected with the provision of training or advice for persons employed or intending to be employed in agriculture or in agriculture or horticulture business within the meaning of section 64 of the M9 Agriculture Act 1967 (excluding a function of making regulations or any other instrument having the force of law).

Marginal Citations

M9 1967 c. 22.

7 Disclosure of information to the Board. E+W+S

The Minister of Agriculture, Fisheries and Food and the Secretary of State may, for the purpose of assisting the Board in planning and carrying out activities (including research) connected with the functions conferred on it by section 4(1)(a) [F14 or (bb)] above, disclose to the Board any information about—

(a) the kind of crops grown on any land and the areas of land on which crops of any kind are grown; and

(b) the number and description of persons employed on any land and employed in disposing of the produce of any land; and

(c) the kinds of machinery used on any land,

which has been furnished to him in pursuance of section 78 of the M10 Agriculture Act 1947 or section 1 of the M11 Agricultural Statistics Act 1979.

Textual Amendments

F14 “or (bb)” inserted by Agricultural Training Board Act 1987 (c. 29, SIF 2:1), s. 1(3)

Marginal Citations

M10 1947 c. 48.

M11 1979 c. 13.

[F15 7A Furnishing of information by the Board. E+W+S

(1) The Board shall furnish the Ministers with such information relating to its property and the discharge and proposed discharge of its functions as they may require, and for that purpose it shall permit any person authorised by the Ministers to inspect and make copies of any accounts or other documents of the Board and give such explanation of them as that person or the Ministers may require.

(2) The Board shall also permit the Comptroller and Auditor General to inspect and make copies of any accounts or other documents of the Board and give such explanation of them as the Comptroller may require.]

Textual Amendments

F15 S. 7A inserted by Agricultural Training Board Act 1985 (c. 36, SIF 2:1), s. 2

8 Reports and accounts. E+W+S

(1) The Board shall keep proper accounts and other records in relation to the accounts and prepare in respect of each of its financial years a statement of account in such form as the Ministers may, with the approval of the Treasury, determine.

[F16 (1A) The duties imposed on the Board by subsection (1) above shall apply separately in relation to—

(a) the exercise by it of functions under section 5(1) above in connection with the training of persons outside Great Britain; and

[F17 (aa) the exercise by it of functions under section 4(1)(bb) above;]

(b) the exercise by it of other functions under this Act.]

(2) The accounts of the Board shall be audited by auditors appointed by the Board and no person [F18 shall be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]

(3) The Board shall for each of its financial years make a report of its activities to the Ministers and that report shall include a statement of the accounts of the Board for that year together with a copy of any report made by the auditors on the accounts.

(4) The Ministers shall lay a copy of every such report before Parliament.

Textual Amendments

F16 S. 8(1A) inserted by Agricultural Training Board Act 1985 (c. 36, SIF 2:1), s. 1(3)

F17 S. 8(1A)(aa) inserted by Agricultural Training Board Act 1987 (c. 29, SIF 2:1), s. 1(4)

F18 Words in s. 8(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para43 (with reg. 4).

General E+W+S

9 Financial assistance and investment. E+W+S

(1) The Minister of Agriculture, Fisheries and Food may with the approval of the Treasury make grants and loans to the Board out of moneys provided by Parliament.

(2) The Board shall not invest money otherwise than in such manner as the Ministers may approve.

10 Industrial injuries benefit for accidents in training. E+W+S

(1) In relation to accidents happening to employed earners (within the meaning of Chapter IV of Part II of the M12 Social Security Act 1975) who attend courses or avail themselves of other facilities provided or approved by the Board, sections 52 to 54 of that Act have effect subject to the following modifications.

(2) For the purposes of section 52, any act done by the employed earner for the purposes of and in connection with his training shall, if it is not done for the purposes of and in connection with his employer’s trade or business, be deemed to be so done.

(3) For the purposes of section 53, a vehicle (within the meaning of that section) which is operated by or on behalf of the Board or some other person by whom it is provided in pursuance of arrangements made with the Board shall, if not operated and provided as mentioned in subsection (1)(b)(i) of that section, be deemed to be so operated and provided.

(4) For the purposes of section 54, any premises at which an employed earner is for the time being employed for the purposes of his training shall, if they are not premises at which he is for the time being employed for the purposes of his employer’s trade or business, be deemed to be such premises.

Marginal Citations

M12 1975 c. 14.

Supplemental E+W+S

11 Consequential provisions, repeals and savings. E+W+S

(1) The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule but none of those repeals shall affect any of those enactments as they have effect in relation to any industrial training board other than the Board.

(2) The repeals made by this Act in sections 6 and 14 of the M13 Employment and Training Act 1973 and the repeal of paragraph 7 of the Schedule to the M14 Industrial Training Act 1964 shall not affect the validity of any order made under the said Act of 1964 in respect of the Board but this subsection is without prejudice to the powers conferred by section 3 above to amend or revoke such an order.

F19 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where any period of time specified in or under an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.

Textual Amendments

F19 S. 11(3) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302,Sch. 1.

Marginal Citations

M13 1973 c. 50.

M14 1964 c. 16.

12 Short title, extent and commencement. U.K.

(1) This Act may be cited as the Agricultural Training Board Act 1982.

[F20 (1A) Section 287(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (power to extend provisions to offshore employment) applies to the provisions of this Act as to the provisions of that Act.]

(2) This Act [F21 ,except subsection (1A) above,] does not extend to Northern Ireland.

(3) This Act shall come into force at the expiry of the period of three months beginning with the day on which it is passed.

Textual Amendments

F20 S. 12(1A) inserted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2,para. 27.

F21 Words in s. 12(2) inserted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 303, Sch. 2,para. 27.