Employment and Training Act 1973

PART IV Sections 1 to 3, 5 and 9 of the Act as amended in relation to the Agricultural Training Board

1 Establishment of industrial training boards.

(2) In this Act—

• " agriculture " has the same meaning as in the [1947 c. 48.] Agriculture Act 1947 or the [1948 c. 45.] Agriculture (Scotland) Act 1948 ;

• " 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 this section ;

• " 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; and

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

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

2 Functions of industrial training board.

(1) An industrial training 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 ;

(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 further 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 section 2(1) or (2), 3(4) or 8 of the Employment and Training Act 1973 (which relate to arrangements for persons to select, train for and obtain suitable employments and to obtain suitable employees);

(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) An industrial training 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) An industrial training 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) An industrial training 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 further 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.

2A Control of Agricultural Training Board by the Minister.

(1) The Minister may give to the Agricultural Training Board such directions as he thinks 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 said Board to exercise on behalf of the Minister functions exercisable by the Minister, 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 [1967 c. 22.] Agriculture Act 1967 (excluding a function of making regulations or any other instrument having the force of law).

2B Disclosure of information to Agricultural Training Board.

The Minister of Agriculture, Fisheries and Food and the Secretary of State may, for the purpose of assisting the Agricultural Training Board in planning and carrying out activities (including research) connected with the functions conferred on it by section 2(1)(a) of this Act, 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 on 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 [1947 c. 48.] Agriculture Act 1947.

3 Establishment of committees.

(1) An industrial training 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 boards;

and delegate to any such committee all or any of the functions conferred on the board by section 2 or by virtue of section 2A of this Act.

(2) An industrial training board may pay or, as the case may be, join in paying, to the members of such a committee such travelling, subsistence and other allowances (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service and to the chairman of any such committee to which functions mentioned in the preceding subsection are delegated (hereafter in this section referred to as a " relevant committee ") such remuneration as the Minister may so determine.

(2A) An industrial training board may make such arrangements as the Minister may specify with the approval of the Minister for the Civil Service—

(a) for the payment of pensions, superannuation allowances and gratuities to or in respect of the chairmen of relevant committees ;

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

(3) Subject to any directions of the board or boards which appointed it, a committee appointed under this section may regulate its own procedure and fix a quorum for its proceedings.

5 Grants and loans, etc.

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

(5) An industrial training board shall not invest any money otherwise than in such manner as the Minister may approve.

9 Amendment or revocation of industrial training order.

(1) The Minister may by order—

(a) amend an industrial training order ; or

(b) revoke such an order;

and an order under paragraph (a) of this subsection 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.

(2) Before making an order under subsection (1)(a) of this section the Minister shall consult the Agricultural Training Board and any organisations or associations appearing to him to be representative—

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

(b) of employees engaged in those activities ;

and before making an order under subsection (1)(b) of this section the Minister shall consult the said Board and any organisation or association of organisations appearing to him to be representative—

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

(ii) of substantial numbers of persons employed in the activities mentioned in paragraph (i) above.

(3) An order under subsection (1)(b) of this section shall provide for the winding up of the industrial training board.

(5) An order under subsection (1) of this section may provide for any incidental, transitional or consequential matter for which it appears to the Minister to be necessary or expedient to provide.

(6) The power to make an order under this section shall be exercisable by statutory instrument and includes power to amend or revoke such an order by a subsequent order; and any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.