Industrial Training Act 1982

General provisions E+W+S

15 Default powers in relation to proposals. E+W+S

(1) The [F1 Secretary of State] may direct an industrial training board to submit proposals [F1 to him] under section 5(5), 11(1) or 13(1) above within the time specified in the direction and it shall be the duty of the board to comply with such a direction.

[F2 (2) Where proposals submitted to the Secretary of State under section 5(5), 11(1) or 13(1) above appear unsatisfactory to him, he 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 him unsatisfactory; and where the fresh proposals also appear unsatisfactory to the Secretary of State, he may make an order (in this section referred to as “a default order”) declaring the board to be in default.]

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F4 (5) Where a board has failed to comply with a direction of the Secretary of State under subsection (1) or (2) above within the time specified in the direction, he may make a default order.]

(6) On the making of a default order the members of the board shall forthwith vacate their office and the order may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in place of the members of the board during such period, not exceeding six months, as may elapse before new members are appointed.

(7) While a default order is in force with respect to a board paragraph 3 of Schedule 1 to this Act and any provision of the industrial training order made by virtue of paragraph 8(a) of that Schedule shall not apply in relation to it, and accordingly (but without prejudice to any provision made under subsection (8) below) paragraph 6 of that Schedule shall not apply.

(8) A default order may contain such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient and may be varied or revoked by a subsequent order.

(9) The Secretary of State may out of moneys provided by Parliament defray the expenses of any person acting in the place of the members of a board in pursuance of subsection (6) above and recover from the board any expenses so defrayed.

Textual Amendments

F1 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4)(5), Sch. 4 para. 13(2), Sch. 5 para. 9(3)(4)

F2 S. 15(2) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4)(5), Sch. 4 para. 13(3), Sch. 5 para. 9(3)(4)

F3 S. 15(3)(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(4)(5), 29(4), Sch. 4 para. 13(4), Sch. 5 para. 9(3)(4), Sch. 7 Pt. I

F4 S. 15(5) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4)(5), Sch. 4 para. 13(5), Sch. 5 para. 9(3)(4)

Modifications etc. (not altering text)

C1 S. 15 amended by Employment Act 1989 (c. 38, SIF 43:1), s. 22(5), Sch. 5 para. 9(3)(4)

16 Enterprise zones. E+W+S

(1) No employer shall be liable to any levy imposed under this Act in respect of any establishment situated wholly or mainly within an area designated as an enterprise zone under Schedule 32 to the M1 Local Government, Planning and Land Act 1980; and for the purposes of any levy order such an establishment shall be treated as if it were not carrying on business.

(2) No levy shall be imposed under this Act 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 subsection (1) above.

(3) An employer shall not be obliged to comply with a requirement imposed under section 6 above 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

(b) the requirement relates to a period during which the establishment was so situated or, as the case may be, the employee’s employment was so carried on.

(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 . . . F5

(5) An order made by virtue of subsection (4) above shall be subject to annulment by a resolution of either House of Parliament.

Textual Amendments

F5 Words repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(4), 29(4), Sch. 4 para. 14, Sch. 7 Pt. I

Marginal Citations

M1 1980 c. 65.

17 Financial provisions. E+W+S

(1) The [F6 Secretary of State may] make grants and loans to an industrial training board.

(2) The [F7 Secretary of State] may give to an industrial training board such directions as [F8 he] thinks fit for the purpose of securing—

(a) that the board’s expenditure for a purpose specified in the directions does not exceed an amount so specified; and

(b) that the whole or part of any grant or loan made to the board in pursuance of subsection (1) above is used only for the purposes specified in the directions;

and it shall be the duty of the board to comply with the directions.

(3) An industrial training board may, with the consent of the [F9 Secretary of State] or in accordance with the terms of any authority given by [F10 him], borrow temporarily from any other person by way of overdraft or otherwise such sums as it may require.

(4) An industrial training board may give security for any money borrowed by it.

(5) An industrial training board shall not invest any money otherwise than in such manner as the [F11 Secretary of State] may approve.

Textual Amendments

F6 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 15(2)

F7 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 15(3)

F8 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 15(3)

F9 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 15(4)

F10 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 15(4)

F11 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 15(5)

18 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 M2 Social Security Act 1975) who attend courses or avail themselves of other facilities provided or approved by an industrial training board [F12 , the Commission or the Secretary of State], 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 an industrial training board [F12 , the Commission or the Secretary of State] or some other person by whom it is provided in pursuance of arrangements made with an industrial training board [F12 , the Commission or the Secretary of State] 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.

Textual Amendments

F12 Words inserted by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(5), Sch. 4 para. 37

Marginal Citations

M2 1975 c. 14.

19 The Industrial Training Boards’ Combined Pension Fund. E+W+S

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.