Industrial Training Act 1982

1 Establishment of industrial training boards

(1) For the purpose of making better provision for the training of persons over compulsory school age (in Scotland school age) for employment in any activities of industry or commerce the Secretary of State may, subject to the provisions of this section, make an order specifying those activities and establishing a board to exercise in relation to them the functions conferred on industrial training boards by the following provisions of this Act.

(2) In this Act—

• " the Commission " means the Manpower Services Commission ;

• " 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;

• " exemption certificate " has the meaning assigned to it by section 13(1) below;

• " industrial training board " means (subject to section 20(2) below) a board established under this section or section 1 of the [1964 c. 16.] Industrial Training Act 1964 ;

• " industrial training order" means an order under this section;

• " the industry ", in relation to an industrial training board, means the activities in relation to which it exercises functions;

• " levy order" has the meaning assigned to it by section 11(2) below; and

• " levy proposals " has the meaning assigned to it by section 11(1) below.

(3) The provisions of Schedule 1 to this Act shall have effect with respect to industrial training boards.

(4) The Secretary of State shall not make an industrial training order unless—

(a) the Commission has submitted proposals to him for an order together with a statement of the views of the persons consulted by it in accordance with subsection (5) below, or

(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).

(5) Where the Commission proposes to submit to the Secretary of State proposals for the making of an industrial training order or is consulted by the Secretary of State 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

(b) such other organisations, associations or bodies (if any) as the Secretary of State may direct.

(6) 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 Secretary of State or, in a case where the consultations are carried out by it, the Commission thinks fit.

(7) An industrial training order may provide for any incidental or supplementary matter for which it appears to the Secretary of State to be necessary or expedient to provide and an order amending or revoking such an order may provide for any incidental, transitional or consequential matter for which it appears to the Secretary of State to be necessary or expedient to provide ; and, without prejudice to the generality of the foregoing or to the powers implied in section 3(2) below, the matters for which orders under this section may provide shall include the amendment or revocation of an order under that section.

(8) The power to make an industrial training order shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.