Employment and Training Act 1981
In section 1 of the Industrial Training Act 1964 (power of Minister to make industrial training orders establishing industrial training boards)—
in subsection (1) for the words " if the Manpower Services Commission submits to him proposals that he should do so" there shall be substituted the words " subject to the provisions of this section ";
for subsection (4) there shall be substituted—.
For subsections (1) and (2) of section 9 of the said Act of 1964 there shall be substituted—
Where any consultations are required by virtue of this section and the Secretary of State is satisfied that adequate consultations have taken place before the coming into force of this section, no further consultations shall be required.
In subsection (1) of section 7 of the Industrial Training Act 1964 (proposals for exercise of board's functions and for levies) after paragraph (b) there shall be inserted the words " and a direction by the Commission under this subsection shall specify the time within which the board shall submit the proposals ".
For subsection (2) of that section there shall be substituted—
In subsections (3), (4) and (5) of the said section 7 the words " subsection (2) of " shall be omitted.
At the beginning of subsection (4) of section 4A of that Act (subsections (2) to (6) of section 7 to have effect in relation to directions under subsection (1) of section 4A) there shall be inserted the words " A direction by the Commission under subsection (1) of this section shall specify the time within which the board shall submit the proposals and ".
In subsection (1) of section 4 of the Industrial Training Act 1964 (power of industrial training boards to impose levy on employers for the purpose of encouraging adequate training in the industry) for the words " encouraging adequate training in the industry " there shall be substituted the words " raising money towards meeting its expenses ".
Any sum paid to an industrial training board in pursuance of a levy imposed under an order made before the coming into force of subsection (1) above may be used by the board to meet any of its expenses.
The Industrial Training Act 1964 shall have effect with the amendments specified in Schedule 1 to this Act. 7. The Agricultural Training Board.
Sections 1 to 6 above do not affect the Industrial Training Act 1964 in its application to the Agricultural Training Board and accordingly references in those sections and in Schedule 1 to this Act to provisions of that Act which are set out in Part II of Schedule 2 to the Employment and Training Act 1973 are references to those provisions as so set out.
For subsections (1) and (2) of section 4A of the Industrial Training Act 1964 (proposals for exemption by certificates from levies) there shall be substituted—
In subsection (1) of section 4B of that Act (certificates of exemption from levy)—
for the words from " persons needed" to " establishment of his" there shall be substituted the words " persons employed or to be employed in the industry "; and
for the words " the establishment" in the first place where they occur there shall be substituted the words " any establishment of his ".
In subsection (2)(a) of that section for the words from " persons " to " relates " there shall be substituted the words " persons employed or to be employed in the industry ".
For subsection (1B) of section 7 of that Act (proposals by board for securing that exemption certificates do not exempt employers from the whole or a portion of the levy) there shall be substituted—.
In section 4 of that Act—
for paragraph (c) of subsection (2A) there shall be substituted—.
in sub-paragraph (i) of paragraph (d) of that subsection for the words from " the aggregate " to the end of the sub-paragraph there shall be substituted the words " the relevant emoluments, or ";
after subsection (2A) there shall be inserted—; and
in subsections (2A) and (4) for the words " falling within paragraph (d)(ii)" there shall be substituted the words " falling within paragraph (c)(iii) or (d)(ii) ".
No employer shall be liable to any levy imposed by an order made under section 4 or section 9(1)(b) of the Industrial Training Act 1964 in respect of any establishment situated wholly or mainly within an area designated as an. enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980; and for the purposes of any order made under the said section 4 such an establishment shall be treated as if it were not carrying on business.
No such levy as is mentioned in subsection (1) above shall be imposed 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 that subsection.
An employer shall not be obliged to comply with a requirement imposed under section 6 of the said Act of 1964 (returns, information and records) in respect of an establishment or employee if—
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
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.
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; but no such order shall be made unless the Secretary of State has first consulted the Manpower Services Commission or the Commission has submitted proposals to him for an order under this subsection.
An order made by virtue of subsection (4) above shall be subject to annulment by a resolution of either House of Parliament.
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The provisions of Schedule 2 to this Act, Part I of which contains provisions supplementary to the abolition of the said Agencies and Part II of which contains amendments consequential on their abolition, shall have effect.
Any sums received by a body to which this section applies shall be paid into the Consolidated Fund except to such extent as the Secretary of State and the Treasury agree to their retention by that body.
This section applies to . . . , the Advisory, Conciliation and Arbitration Service... and the Health and Safety Executive.
This Act may be cited as the Employment and Training Act 1981.
The enactments mentioned in Schedule 3 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
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different days may be appointed in pursuance of this subsection for the purposes of different provisions or for different purposes of the same provision; and
any such order may contain such transitional, incidental and supplementary provisions as the Secretary of State considers appropriate in connection with the order.
The provisions of this Act ... do not extend to Northern Ireland.
In section 3 of the Industrial Training Act 1964 (establishment of committees)—
for subsection (2) there shall be substituted—;
in subsection (2A)—
for the words " the Minister may specify with the approval of the Minister for the Civil Service " there shall be substituted the words " the board may determine " , and
in paragraph (b) for the words "the Minister" there shall be substituted the words " the board ".
After section 8 of that Act there shall be inserted—.
After subsection (5) of section 9 of that Act there shall be inserted—.
In section 9A of that Act (transfer of establishment's activities from industry of one board to another's at request of employer)—
in subsection (1), for the words from " the Commission may if it thinks fit" onwards there shall be substituted the words " the Commission shall after consulting both boards in question about the request, submit it to the Minister together with a statement of the boards' views and may also submit its recommendation as to whether he should give effect to the request ";
in subsection (2) for the words from the beginning to " request " there shall be substituted the words " Where the Commission submits such a request to the Minister; and
for subsection (3) there shall be substituted—.
At the end of section 12(1) of that Act there shall be inserted the words " and the order imposing the levy shall make provision as to the time within which such an appeal may be made ".
At the end of paragraph 5 of the Schedule to that Act there shall be inserted the words " and no such matter shall be decided except in accordance with the votes of the majority of the members who were appointed as mentioned in paragraph 3(a) of this Schedule after consultation with organisations or associations of organisations representative of employers engaging in the industry. ".
In paragraph 10 of that Schedule (appointment of industrial training board's servants on such terms as the board may determine with the approval of the Minister given with the consent of the Minister for the Civil Service) the words from " with the approval" onwards shall be omitted.
For paragraph 11 of that Schedule there shall be substituted—.
Section 9.
Subject to the provisions of this Schedule—
any rights or obligations of the Employment Service Agency or the Training Services Agency (" the Agencies ") and any property held by either of the Agencies shall become rights, obligations and property of the Manpower Services Commission ; and
anything which apart from section 9 of this Act would be required or permitted to be done by or to either of the Agencies shall or may be done by or to the Manpower Services Commission.
Any legal proceedings to which either of the Agencies is a party may be continued after the time when section 9 of this Act comes into force by or in relation to the Manpower Services Commission.
Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before that time and still in effect at that time which relates to property, rights or obligations of either of the Agencies which are vested in the Manpower Services Commission by paragraph 1 above shall continue in effect but subject to the following modifications, so far as they are applicable—
if either of the Agencies is a party thereto, the Manpower Services Commission shall be substituted as that party ;
for a reference (however worded and whether express or implied) to either of the Agencies there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Manpower Services Commission ;
for a reference (however worded and whether express or implied) to the members or any member, or to any officer or officers of either of the Agencies there shall be substituted, as respects anything done or falling to be done or occurring after that time, a reference to such officer or officers as the Manpower Services Commission shall appoint for the purpose ; and
for a reference to the office or place of business of either of the Agencies there shall be substituted a reference to the office or place of business of the Manpower Services Commission.
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In section 1(5) of the Industry Act 1972 for the words "the Employment Service Agency" and " the Agency" there shall be substituted respectively the words " the Manpower Services Commission " and " the Commission ".
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In section 2 of that Act, there shall be omitted—
in subsection (3), the words following paragraph (c);
subsection (4);
in subsection (5), the words " and each of the Agencies " and " or as the case may be, the Agency ".
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in subsection (3)—
in paragraphs (a) and (b) the words " or either of the Agencies " shall be omitted,
in paragraph (c) the words " either of the Agencies or " shall be omitted,
paragraph (d) shall be omitted, and
in paragraph (e) for the words " the Commission or either of the Agencies" there shall be substituted the words " or the Commission ";
in subsection (4) the words " either of the Agencies " shall be omitted;
in subsection (5)(a) the words from " or " onwards shall be omitted; and
in subsection (6) the words " and an officer of either of the Agencies " shall be omitted.
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In paragraphs (a) and (b) of section 20(5) of the Social Security Act 1975 for the words " the Employment Service Agency " there shall be substituted the words " the Manpower Services Commission ".
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For subsection (1) of section 16 of that Act there shall be substituted—
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For subsection (1) of section 15 of that Act there shall he substituted—.
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Section 11(2). Chapter Short title Extent of repeal 1964 c. 16. The Industrial Training Act 1964. In section 7, in subsections (3), (4) and (5) the words “subsection (2) of ”. In the Schedule, in paragraph 10 the words from “with the approval” onwards, save as respects the Agricultural Training Board. 1965 c. 62. The Redundancy Payments Act 1965. Section 45. 1967 c. 13. The Parliamentary Commissioner Act 1967. In Schedule 2 the words “Employment Service Agency ” and “Training Services Agency ”. 1973 c. 50. The Employment and Training Act 1973. In section 1, in subsection (1) the words from “the Employment” to “each of ”, subsection (4), in subsection (5) the words “and the Agencies”, subsection (6), in subsection (7) the words “and of the Agencies”. In section 2, in subsection (3) the words following paragraph (c), subsection (4), in subsection (5) the words “and each of the Agencies” and “or as the case may be” onwards. In section 4, in subsection (3) in paragraphs (a) and (b) the words “or either of the Agencies”, in paragraph (c) the words “either of the Agencies or” and paragraph (d), in subsection (4) the words “either of the Agencies”, in subsection (5)(a) the words from “or” onwards, in subsection (6) the words “and an officer of either of the Agencies”. In section 5(3) the words “or either of the Agencies”. In section 11(1) the words from “and it ” onwards. In section 13(1) the definition of “the Agencies”. In Schedule 1, paragraph 21. In Part I of Schedule 2, paragraphs 4(2) and 17(e) and (f). 1975 c. 24. The House of Commons Disqualification Act 1975. In Part II of Schedule 1 the words “The Employment Service Agency ” and “The Training Services Agency ”. 1975 c. 65. The Sex Discrimination Act 1975. In section 14(2)(b) the wordsfrom “the Employment ” onwards. 1975 c.71. The Employment Protection Act 1975. In schedule 16, in paragraph 16 of Part IV, the words “‘The Employment Service Agency’ ‘The Training Services Agency ’”. 1976 c. 74. The Race Relations Act 1976. In section 13(2)(b) the words from “the Employment ” onwards. 1977 c. 5. The Social Security (Miscellaneous Provisions) Act 1977. In section 22(6)(b) the words from “the Employment ” onwards.