Employment and Training Act 1973

3 Control of the Commission by Secretary of State

(1) Subject to the following subsection, the Secretary of State may—

(a) approve, with or without modifications, any proposals submitted to him in pursuance of the preceding section;

(b) give to the Commission at any time such directions as he thinks fit with respect to its functions (including directions modifying its functions or any arrangements made in pursuance of the preceding section except directions conferring on it functions other than any of which it was deprived by previous directions given by virtue of this paragraph).

(2) The Secretary of State shall not approve proposals submitted to him in pursuance of the preceding section for arrangements which include such provision as is mentioned in subsection (2)(d) of that section and shall not modify any such provision unless the amounts of the payments mentioned in the provision, or in the provision as proposed to be modified, and the terms on which the payments are to be made are approved by the Treasury in the case of payments otherwise than by way of subsistence or travelling allowances payable to advisers appointed in pursuance of subsection (2)(f) of the preceding section or compensation for loss of remunerative time so payable and by the Minister for the Civil Service in the case of payments by way of such allowances or compensation.

(3) Subject to the following subsection, it shall be the duty of the Secretary of State to exercise the powers of approving proposals and giving directions which are conferred on him by this section so as to ensure that the arrangements made by the Commission in pursuance of the preceding section are in his opinion appropriate for the purpose mentioned in subsection (1) of that section.

(4) If the Secretary of State considers that any action for the purpose so mentioned should be taken in pursuance of this Act otherwise than by or only by the Commission he may, after consulting the Commission about the matter, make arrangements for the action to be taken or taken also by himself or some other person, and paragraphs (c) to (e) of subsection (2) of the preceding section shall apply to arrangements in pursuance of this subsection as they apply to arrangements in pursuance of that section but with the substitution for references to the Commission of references to the Secretary of State.

(5) The Secretary of State shall not make any arrangements in pursuance of the preceding subsection which include provision for the making of payments by him otherwise than in pursuance of section 5(2)(b) of this Act unless the amounts of the payments and the terms on which the payments are to be made are approved by the Treasury.