Журнал 1108-го пленарного заседания Постоянного совета
S. 1 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Ss. 2, 3 substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) S. 2(3A) inserted (30.8.1993) by 1993 c. 19, s. 47(1); 1993/1908, art. 2(1), Sch.1. Ss. 2(4)(6) which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 2A inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 144, 150(3); S.I. 2012/863, art. 2(3)(h) Ss. 3 which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 4(1)(2) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(a) S. 4(3)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 4(3)(c) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(c) Words in s. 4 inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 8 Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I Words inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(1) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I Words in s. 4(3)(e)(ii), 4(5)(d) repealed (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(3), Sch. 3. Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(a) Words in s. 4(3)(e) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(a) Words in s. 4(3)(e)(ii) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(1) (with art. 3(1)) S. 4(3)(e)(iii) added (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(2) (with art. 3(1)) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(e), Sch. 7 Pt. I S. 4(3A) inserted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(3) Words substituted by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20, Sch. 3 para. 3 Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 11(2), Sch. 3 S. 4(5)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(4) S. 4(5)(cc) inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(2) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(b) Words in s. 4(5)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(b) S. 4(5)(dd) (as inserted by section 11(6)(b) of the Scottish Development Agency Act 1975 and not as inserted by section 24(6)(b) of the Welsh Development Agency Act 1975) repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I S. 4(5)(dd) inserted by Welsh Development Agency Act 1975 (c. 70), s. 24(6)(b) Words in s. 4(5)(dd) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(3)(a) (with art. 3(1)) Words in s. 4(5)(dd) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(3)(b) (with art. 3(1)) S. 4(5)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G S. 4(6) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 5(1) repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4 Words in s. 5(2)(a) substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2); S.I. 1993/2503, art. 2(3), Sch.3. Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4 S. 6(1)(2) repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4 S. 6(5) repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4 S. 7 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(2), Sch.2. S. 8(4)(za) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 2(2) S. 8(4)(a) substituted (31.7.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 1 (with s. 19); W.S.I. 2026/62, art. 19(1) (with art. 19(2)(3)) Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2. S. 9A inserted (W.) (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), ss. 140, 148(2) (with s. 19); S.I. 2024/806, art. 2(i) (with art. 28) Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2. Words in s. 10(1)-(8) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(2)(a) Words in s. 10(10) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(2)(b) S. 10A inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.46; S.I. 1993/2503, art. 2(3), Sch.3. Words in s. 10A(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(3) S. 10B inserted (1.4.2001) by 2000 c. 21, s. 122 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3) Words in s. 10B(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 4(a); S.I. 2007/935, art. 5(gg) S. 10B(1)(a)(b) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 4(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii); S.I. 2007/935, art. 5(gg)(ii) Words in s. 10B(1)(c) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 4(c); S.I. 2007/935, art. 5(gg) S. 10B(6) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 2(2); S.I. 2005/2034, art. 5 Words in s. 10B(7) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 2(3); S.I. 2005/2034, art. 5 S. 11(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25, Sch. 2 para. 1(a) Words substituted by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20, Sch. 3 para. 3 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25, Sch. 2 para. 1(b) Words substituted by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 2 Pt. I para. 68 Words in s. 11(3) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.10. Words in s. 11(3) substituted (30.10.2012 for specified purposes, 31.10.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 66(2), 150(3); S.I. 2012/2530, art. 2(5)(b); S.I. 2013/2534, art. 2 Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(1)(a) Words in s. 12(1) substituted (2.12.1996) by 1995 c. 50, s. 70(4), Sch. 6 para. 1 (with ss. 59, 64, 65); S.I. 1996/1474, art. 2, Sch. Pt. III Words substituted by Employment Act 1988 (c. 19, SIF 45:3), s. 25(2), Sch. 2 para. 2(1)(b) and repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(1)(c) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words in s. 12(1) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 3 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2) S. 12(1A) inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(2) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words in s. 12(1A) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(4) S. 12(2) substituted by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 4 para. 2 Words in s. 12(2) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(4) Words in s. 12(2) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 11. S. 12(3) repealed by S.I. 1981/494, art. 2 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(3)(a) Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(3)(b) Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(3)(a) Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 4 S. 12(5) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIII S. 12(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Definition repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), ss. 11(2), 20, Sch. 3 Definitions repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words in s. 13(1) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(5)(a) Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Words in s. 13(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(5)(b) S. 13(1A) inserted by Employment Protection Act 1975 (c. 71), Sch. 14 para. 3 S. 13(5) repealed by Employment Protection Act 1975 (c. 71), Sch. 18 S. 13(6) omitted (18.8.2010) by virtue of Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 2 Words repealed by Industrial Development Act 1982 (c. 52, SIF 64), ss. 19, 20, Sch. 2 Pt. I para. 1, Sch. 3 S. 15(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Words in s. 15(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 1 repealed (with saving for para. 6) by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(5), 29(4), Sch. 5 para. 5(1), Sch. 7 pt. I Sch. 2 Pts. I, II repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4 Sch. 2 Pts. III, IV repealed (in relation to Agricultural Training Board) by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2 Sch. 3 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 para. 4 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 Sch. 3 paras. 5, 13 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Sch. 3 para. 6 repealed (prosp.) by Employment Act 1989 (c. 38, SIF 43:1), ss. 27(2)(3), 29(4), Sch. 7 Pt. III Sch. 3 para. 7 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I Sch. 3 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 para. 9 repealed by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10(2), Sch. 2 and also expressed to be repealed by Employment Act 1989 (c.38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Sch. 3 para. 10 repealed by Race Relations Act 1976 (c. 74), Sch. 5 Sch. 3 para. 11(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 paras. 12, 15 repealed by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. 2 Pt. I para. 1, Sch. 3 Sch. 3 paras. 5, 13 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Sch. 3 para. 14 repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10 Sch. 3 paras. 12, 15 repealed by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. 2 Pt. I para. 1, Sch. 3 Act: functions transferred (1.7.1999) (except ss. 2, 4, 5 and 11 for which functions are shared (and modified for s. 2)) by S.I. 1999/672, art. 2, Sch. 1 Act extended (retrospectively) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 45(1) Act: power to continue certain provisions conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15. Act functions ceased to be exercisable concurrently (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), arts. 1(2), 3(2)(a) S. 2 functions made exercisable concurrently (12.10.2007) by Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), arts. 1(2), 3(4)(a) S. 2 modified (1.12.2000 for specified purposes and otherwiseprosp.) by 2000 c. 19, s. 62(5) (with s. 83(6)); S.I. 2000/2950, art. 5 S. 2: Functions transferred (1.7.1999 subject to s. 56(1) of the amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1) S. 2 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 2: functions transferred (12.3.2020) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020 (S.I. 2020/276), arts. 1(2), 2(1)-(5) (with art. 2(6)) S. 2(2)(d) excluded (7.10.1996) by S.I. 1996/207, reg. 103(2), Sch. 7 para. 14 S. 2(3A): power exercisable (1.7.1999) with the agreement of the Scottish Ministers by S.I. 1999/1750, art. 4, Sch. 3 S. 4 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 6(3)(4) repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2 S. 9 functions made exercisable concurrently (12.10.2007) by Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), arts. 1(2), 3(4)(a) S. 11(3): Functions transferred (1.7.1999 subject to s. 56(1) of the amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1) S. 11(3) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 12(4): Functions transferred (1.7.1999 subject to s. 56(1) of the Amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1) Words repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2 The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 Sch. 3 para. 7: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 Sch. 3 Pt. IIpara. 15 The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 1965 c. 59. 1968 c. 16. 1964 c. 16. 1992 c. 37. 1944 c. 10. 1962 c. 47 1965 c. 62. 1935 c. 8. 1944 c. 10. 1948 c. 29. 1961 c. 34. 1965 c. 52. 1970 c 44. An Act to establish public authorities concerned with arrangements for persons to obtain employment and with arrangements for training for employment and to make provision as to the functions of the authorities; to authorise the Secretary of State to provide temporary employment for unemployed persons; to amend the Industrial Training Act 1964 and the law relating to the provision by education authorities of services relating to employment; and for purposes connected with those matters.
There shall be three bodies corporate, to be called the Manpower Services Commission, the Employment Service Agency and the Training Services Agency, each of which shall have perpetual succession and a common seal and shall be constituted in accordance with the following provisions of this section.
The said Commission (hereafter in this Act referred to as " the Commission ") shall consist of ten persons appointed by the Secretary of State to be members of the Commission, of whom the members specified in each of the following paragraphs shall be appointed by him after consultation with such of the organisations mentioned in that paragraph as he considers appropriate, that is to say—
as to three members, organisations representing employers;
as to three other members, organisations representing employees;
as to two other members, organisations representing local authorities; and
as to one other member, organisations concerned with education (excluding organisations mentioned in the preceding paragraph).
The Secretary of State shall appoint as the chairman of the Commission the member about whose appointment no consultation is required by virtue of the preceding subsection and may appoint one of the other members as the deputy chairman of the Commission.
The said Agencies (hereafter in this Act referred to jointly as " the Agencies ") shall each consist of three persons of whom one shall be appointed by the Commission with the approval of the Secretary of State to be the director of the Agency in question and the others shall be appointed by the Commission after consultation with the said director.
The provisions of Schedule 1 to this Act shall have effect with respect to the Commission and the Agencies.
The Secretary of State may with the consent of the Treasury, at any time during the period of five years beginning with the day when subsection (1) of this section comes into force, by order transfer to and vest in the Commission or either of the Agencies— but nothing in section 12 of the Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) shall apply to this Act or an order made in pursuance of this subsection, and stamp duty shall not be payable on such an order.
any interest of the Crown or a government department in land which in the opinion of the Secretary of State is occupied by him or the Commission or either of the Agencies for a purpose connected with the functions of any of those bodies ; and
any rights and liabilities to which the Crown or a government department is entitled or subject in connection with such an interest;
It is hereby declared that the Commission and the Agencies are not to be regarded as servants or, subject to subsection (2)(a) of the following section, as agents of the Crown or as enjoying any status, privilege or immunity of the Crown or, subject to the preceding subsection, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that their property is not to be regarded as property of or held on behalf of the Crown; but nothing in this Act shall be construed as derogating from any privilege, immunity or exemption of the Crown in relation to any matter as respects which the Commission or either of the Agencies acts as agent of the Crown by virtue of the said subsection (2)(a).
The Secretary of State shall make such arrangements as he considers appropriate for the purpose of assisting persons to select, train for, obtain and retain employment suitable for their ages and capacities or of assisting persons to obtain suitable employees (including partners and other business associates).
Arrangements under this section may—
include arrangements for providing temporary employment for persons in Great Britain who are without employment;
include arrangements for encouraging increases in the opportunities for employment and training that are available to women and girls or to disabled persons;
subject to the restriction of paragraph (a) of this subsection to persons in Great Britain, be made in respect of employment and training anywhere in the United Kingdom or elsewhere;
include provision for the making of payments by the Secretary of State, by way of grant or loan or otherwise, to persons who provide facilities in pursuance of the arrangements, to persons who use those facilities and to other persons specified in or determined under the arrangements;
include provision for the making of payments to the Secretary of State by other parties to the arrangements and by persons who use those facilities;
include arrangements for securing that assistance in relation to the matters mentioned in subsection (1) of this section is provided by persons other than the Secretary of State.
The payments for which arrangements under this section may provide—
shall include the payment to a person by the Secretary of State of an allowance pending a time when payments will be or may be made to that person in respect of his use of facilities which will be or may be made available to him under any such arrangements;
shall not include the payment of any such allowance to a person— and
for any period after that person has attained the age of eighteen years; or
for any period for which child benefit is payable in respect of that person;
shall not include any payment by any person to the Secretary of State, other than a payment for publications issued in pursuance of the arrangements, in respect of the seeking or obtaining for that person of any employment under a contract of service or apprenticeship.
Without prejudice to subsection (2)(f) of this section, the Secretary of State may wholly or partly perform his duty under subsection (1) of this section in relation to Scotland by authorising or directing Scottish Enterprise or Highlands and Islands Enterprise to act on his behalf— and the power under this subsection to give authorisations or directions shall include power to revoke or vary any authorisation or direction so given.
in the making of arrangements under this section in such cases or for such purposes as may be specified in or determined under the authorisation or direction;
in the taking of such steps for the purposes of, or in connection with, the carrying out of any arrangements under this section (including any made otherwise than by Scottish Enterprise or Highlands and Islands Enterprise) as may be so specified or determined,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to exercise on behalf of the Commission such of the Commission's functions as the Commission directs the Agency to exercise; and
to give effect to any directions given to it by the Commission otherwise than in pursuance of the preceding paragraph.
Where Scottish Enterprise or Highlands and Islands Enterprise make arrangements under this section in pursuance of an authorisation or direction made by the Secretary of State under subsection (3A)(a) above, they shall, at such times as the Secretary of State may require, report to him what provision, if any, they have included in those arrangements in relation to disabled persons.
No payments shall be made by or on behalf of the Secretary of State by virtue of any power conferred by this section, other than payments under section 11(3) or 12(4) of this Act, unless the Treasury have approved—
the amounts of the payments or the manner of determining those amounts; and
the terms on which they are made or the manner of determining those terms.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the following subsection, the Secretary of State may—
approve, with or without modifications, any proposals submitted to him in pursuance of the preceding section;
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).
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.
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.
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.
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.
The Commission shall be a competent authority for the purposes of the Statistics of Trade Act 1947, and the reference in section 1(1) of that Act to the discharge by government departments of their functions shall include a reference to the discharge by the Commission of its functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to the generality of subsection (1)(b) of the preceding section, the Secretary of State may give directions to the Commission requiring it to furnish to a government department, in a form specified in the directions, any information so specified which has been obtained by the Commission by virtue of the preceding subsection or otherwise.
Nothing in section 9 of Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—
the disclosure by the Secretary of State of relevant information to the Commission or either of the Agencies;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the disclosure by the Commission or either of the Agencies of relevant information to a government department;
the disclosure by the Secretary of State or the Chancellor of the Exchequer to a board of relevant information;
the disclosure by either of the Agencies to the Commission or the other Agency or a board of relevant information which is of a kind specified in a notice in writing given to the disclosing Agency and the recipient of the information by the Secretary of State or the Chancellor of the Exchequer in pursuance of this paragraph;
the disclosure by the Secretary of State or the Chancellor of the Exchequer, . . . the Commission or either of the Agencies of relevant information, consisting of the name and address of any establishment, the numbers of persons of different descriptions employed there and the nature of the activities carried on there, to
any person who is or is to be engaged in the carrying out on behalf of the Secretary of State or the Chancellor of the Exchequer . . . of any research or survey relating to matters connected with training for employment, with industrial relations or otherwise with employment or unemployment; or
an officer of any of the following bodies who is authorised by that body to receive the information, namely, . . . a local planning authority within the meaning of the Town and Country Planning Act 1990 or a planning authority within the meaning of the Town and Country Planning (Scotland) Act 1997. . . .... and a development corporation within the meaning of the New Towns Act 1965 or the New Towns (Scotland) Act 1968;
an officer of the National Assembly for Wales who is authorised by that body to receive the information for the purposes of its functions under the Welsh Development Agency Act 1975
the disclosure by the Secretary of State or the Chancellor of the Exchequer , . . . of statistics compiled wholly or partly from relevant information about the numbers of persons employed in any activity or area.
Where the Secretary of State or the Chancellor of the Exchequer discloses information to a board or any other person under subsection (3)(c) or (f ) of this section, he shall give a notice in writing to that person specifying the purposes for which the information may be used.
In the preceding subsection— and any reference in that subsection to the Secretary of State or the Chancellor of the Exchequer, a government department . . . , . . . or such a board includes respectively a reference to an officer of his or of that body and also, in the case of a reference to such a board, a reference to any committee appointed by the board, to any officer of such a committee and to any person entitled to take part in proceedings of the board.
" a board " means an industrial training board within the meaning of the Industrial Training Act 1964; and
“a board” means an industrial training board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982; and
" relevant information " means information obtained under the said Act of 1947 ;
A person to whom information is disclosed in pursuance of subsection (3) of this section shall not use the information for a purpose other than— and a person who contravenes the provisions of this subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
in a case falling within paragraph (a) of that subsection, a purpose of the Commission or, as the case may be, of the Agency in question ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in a case falling within paragraph (b) of that subsection, a purpose of the government department in question ;
in a case falling within paragraph (c) . . . or (f) of that subsection, a purpose specified in the notice given with respect to the information in pursuance of subsection (3A) of this section;
in the case of information given to such a person as is mentioned in paragraph (e)(i) of that subsection, a purpose related to the carrying out of the research or survey in the carrying out of which that person is or is to be engaged;
in the case of information given to an officer of . . . a local planning authority, the purposes of the functions conferred on the authority . . . by Part II of the said Act of 1990 or 1997 (which relate to development plans);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of information given to an officer of a development corporation, the purposes of functions conferred on the corporation by section 3 of the said Act of 1965 or 1968 (which relate to the laying out and development of new towns);
in the case of information given to an officer of the National Assembly for Wales, the purposes of functions conferred on that body by the Welsh Development Agency Act 1975;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may—
appoint such persons as he thinks fit for the purpose of advising him with respect to the performance of any of the functions conferred or imposed on him by sections 2, 8 to 10 and 12 of this Act; and by virtue of this Act, excluding the following section; and
pay to any person appointed in pursuance of the preceding paragraph such subsistence and travelling allowances and such compensation for loss of remunerative time as the Secretary of State may determine with the approval of the Minister for the Civil Service.
The Secretary of State may arrange for or make payments in respect of—
research into any matter connected with any of his functions relating to employment, unemployment or training for employment . . .
the dissemination of information derived from such research.
The Secretary of State shall not make any payments in pursuance of subsection . . . (3) of this section unless the amounts of the payments and the terms on which they are made are approved by the Treasury.
The Industrial Training Act 1964 shall have effect subject to the provisions of Part I of Schedule 2 to this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In accordance with the preceding subsection, sections 1 to 7, 9, 9A, 12 and 14(1) of the Industrial Training Act 1964 are to have effect, after the coming into force of that subsection and Part I of Schedule 2 to this Act, as set out in Part II of that Schedule.
The preceding provisions of this section shall not have effect in relation to the Agricultural, Horticultural and Forestry Industry Training Board, and— and, without prejudice to the powers conferred by the said Act of 1964 to amend or revoke any order in respect of that Board which was made under that Act before this subsection comes into force, nothing in the preceding provisions of this subsection or in the said Part III shall affect the validity of such an order.
the Industrial Training Act 1964 shall have effect in relation to that Board subject to the provisions of Part III of Schedule 2 to this Act; and
that Board shall be called the Agricultural Training Board;
In accordance with the preceding subsection, sections 1 to 3, 5 and 9 of the said Act are to have effect in relation to the Agricultural Training Board, after the coming into force of that subsection and Part III of Schedule 2 to this Act, as set out in Part IV of that Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1 of the Redundancy Payments Act 1965 (which provides for the making of redundancy payments to employees) shall not apply to any person in respect of his employment by the Commission or either of the Agencies, but section 41 of that Act (which provides for the payment out of the Redundancy Fund of sums related to compensation paid for the loss of such employments as are specified in subsection (1) of that section) shall have effect as if employment by the Commission and by each of the Agencies were so specified.
The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commission or either of the Agencies.
For the purposes of sections 1 and 2 of the Contracts of Employment Act 1972 and sections 27(1)(a) and 28(a) of the Industrial Relations Act 1971, a person's period of continuous employment by a relevant body shall be treated as increased by the period or the aggregate of the periods for which he was previously continuously employed by that or another relevant body or in the civil service of the State if the period or each of the periods for which he was so employed was immediately followed by a period for which he was employed by a relevant body or in the said service; and for the purposes of the said section 28(a) a person's period of continuous employment in the said service shall be treated as increased by the period or the aggregate of the periods for which he was previously continuously employed by any relevant body or in the said service if the period or each of the periods for which he was so employed was immediately followed as aforesaid.
For the purposes of the preceding subsection—
the Commission and each of the Agencies is a relevant body;
periods of continuous employment shall be determined in pursuance of Schedule 1 to the said Act of 1972, and " employed " has the same meaning as in that Act; and
employment in the civil service of the State shall be treated as employment under a contract of service but shall be disregarded unless in the course of it the person in question gives personal service of at least twenty-one hours a week, or of such number of hours less than twenty-one as the Secretary of State may by order specify, and the remuneration for the employment is defrayed entirely out of money provided by Parliament.
The Secretary of State may by order provide that any enactment which is specified in the order and relates to the carrying on of an employment agency shall not apply in relation to the Commission and the Agencies or shall apply in relation to any of them with such modifications as are specified in the order; and in this subsection " employment agency " means any agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services.
Arrangements made by the Secretary of State under section 2 may not include arrangements in respect of employment for sexual purposes.
For the purposes of this section employment is for sexual purposes if—
it involves the employee engaging in an activity, and
the employee's activity, or the way in which it is performed, may reasonably be assumed to be intended solely or principally to stimulate one or more other persons sexually (by whatever means).
The Secretary of State may by order specify exceptions to subsection (1).
A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
It shall be the duty of the Secretary of State to secure the provision of relevant services for assisting persons undergoing relevant education to decide— and for assisting persons ceasing to undergo relevant education to obtain such employments, training and education.
what employments, having regard to their capabilities, will be suitable for and available to them when they cease undergoing such education, and
to determine what employments will, having regard to their capabilities, be suitable for them and available to them when they leave the institutions, and
to determine what training will then be required by them and available to them in order to fit them for those employments ;
what training or education is or will be required by and available to them in order to fit them for those employments,
to make the arrangements made in pursuance of the preceding paragraphs available to persons who seek to make use of them and are either such persons as are mentioned in those paragraphs or persons attending or leaving universities in Great Britain ;
In subsection (1) of this section and section 9 of this Act “ relevant services ” means—
giving of assistance by collecting, or disseminating or otherwise providing, information about persons seeking, obtaining or offering employment, training and education,
what employments are suitable for persons having their capabilities, and
what training they require and is available to them in order to fit them for those employments ; and
offering advice and guidance, and
other services calculated to facilitate the provision of any services specified in paragraphs (a) and (b) of this subsection.
In this section and section 9 of this Act “ relevant education ” means—
education involving full-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, and
education involving part-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, which is education of a description commonly undergone by persons in order to fit them for employment.
The references in subsection (3) of this section to an educational institution within the higher education sector shall be construed—
as respects Wales as references to a tertiary education provider registered under section 25 of the Tertiary Education and Research (Wales) Act 2022 to provide higher education, other than a provider which is also an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992) or a school (within the meaning given by section 4 of the Education Act 1996), and
as respects England, as references to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, other than a provider which is also an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992,
as respects Scotland, in accordance with section 56(2) of the Further and Higher Education (Scotland) Act 1992.
The Commission and any local education authority may make arrangements for the performance by the Commission on behalf of the authority of any function conferred on the authority by virtue of subsection (1) of this section or the preceding subsection so far as it relates to subsection (1), and any such arrangements— and the preceding provisions of this subsection shall have effect during any period when this subsection is in force before the establishment of the Employment Service Agency as if paragraph (b) were omitted and for any reference to the Commission there were substituted a reference to the Secretary of State.
may be made in respect of the whole or part of the area of the authority; and
except in a case in which the Secretary of State has authorised the Commission to disregard this paragraph, must include provision for the making by the authority to the Commission of payments intended to defray the expenditure incurred by the Commission by virtue of the arrangements;
The Secretary of State may by order provide that the preceding subsection, subsection (5) of the following section, this subsection and any arrangements in force by virtue of the preceding subsection or the said subsection (5) shall cease to have effect on a day specified in the order; and different days may be specified in pursuance of this subsection in relation to Scotland and the rest of Great Britain.
The reference to part-time attendance in paragraph (a) of subsection (1) of this section does not include— except that the said reference does include part-time attendance by persons who satisfy the local education authority in question that their attendance is with a view to employment.
part-time attendance where none of the relevant classes begins on any day before five o'clock in the evening; and
any other part-time attendance as to which the Secretary of State directs that it shall be disregarded for the purposes of that paragraph ;
The Secretary of State shall have power to secure the provision of relevant services, or any description of relevant services, for assisting persons other than those undergoing relevant education, or any description of such persons, to decide— and for assisting those persons to obtain such employments, training and education.
what employments, having regard to their capabilities, are or will be suitable for and available to them, and
It shall be the duty of each local education authority to keep records of the vocational advice given on behalf of the authority to such persons as are mentioned in subsection (1)(a) of the preceding section.
what training or education is or will be required by and available to them in order to fit them for those employments,
Where a person ceases to attend an educational institution (other than a university) in the area of an authority and begins to attend such an institution in the area of another authority it shall be the duty of the first-mentioned authority, on the request of the other authority, to furnish to the other authority any records relating to that person which have been kept by the first-mentioned authority in pursuance of the preceding subsection or transmitted to that authority in pursuance of this subsection and any records of vocational advice given to that person by the Secretary of State which have been transmitted to the first-mentioned authority by the Secretary of State.
Where to the knowledge of an authority a person ceases to attend a school in the area of the authority otherwise than with a view to attending another school in the area of that or another authority, then, subject to the following subsection, it shall be the duty of the authority— but an authority shall not be required by virtue of paragraph (c) or (d) of this subsection to furnish more than one copy of the summary to the person to whom it relates or more than one copy of it to a parent or guardian of his.
to give him a written summary of any vocational advice already given to him on behalf of the authority and of any vocational advice relating to him of which records were transmitted to the authority in pursuance of the preceding subsection or by the Secretary of State ; and
to keep a copy of the summary for two years beginning with the date on which he ceased to attend the school in question; and
to comply with a request for a copy of the summary which during that period is made to the authority by him; and
to comply with a request for a copy of the summary which, during that period and at a time when the person to whom it relates is under the age of eighteen, is made to the authority by his parent or guardian ;
An authority shall not be required by virtue of paragraph (a) of the preceding subsection to furnish a person with the summary mentioned in that paragraph in a case where the authority has, or the authority and other authorities and the Secretary of State between them have, already furnished him with written statements which together contain the information which apart from this subsection would fall to be included in the summary; and that subsection shall have effect in such a case as if paragraph (a) were omitted and any reference to the summary in any other provision of that subsection were a reference to the statements.
Subsection (5) of the preceding section shall have effect in relation to any function conferred on an authority by virtue of the preceding provisions of this section as it has effect in relation to any function mentioned in that subsection.
In this section—
" authority " means local education authority;
" parent ", in relation to Scotland, has the meaning assigned to it by section 145(33) of the Education (Scotland) Act 1962;
" school ", in relation to England and Wales, has the meaning assigned to it by section 114(1) of the Education Act 1944 and, in relation to Scotland, has the meaning assigned to it by section 145(42) of the said Act of 1962 ; and
" university ", in relation to Scotland, includes a central institution and a college of education as defined in section 145 of the Education (Scotland) Act 1962.
The Secretary of State may perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by making arrangements with— under which they undertake to provide, or arrange for the provision of, services in accordance with the arrangements; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.
local authoritiesor (in Scotland) education authorities,
persons of any other description, or
local authorities or education authorities and persons of any other description acting jointly,
The Secretary of State may also perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by giving directions to local authorities or education authorities requiring them to provide, or arrange for the provision of, services in accordance with the directions; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.
for constituting a body consisting of officers of his and of the other Ministers and of such other persons, if any, as may be determined in pursuance of the arrangements ; and
for the performance by that body on behalf of the Secretary of State of functions conferred on him by the preceding subsection.
Directions given under this section may require local authorities and education authorities—
to provide services themselves or jointly with other authorities or persons,
to arrange for the provision of services by other authorities or persons, or
to consult and co-ordinate in the provision, or in arranging for the provision, of services with other authorities or persons.
Arrangements made, and directions given, under this section may include provision for the making of payments by the Secretary of State, whether by way of grant or loan or otherwise, to the persons with whom they are made or to whom they are given.
Arrangements made, and directions given, under this section in exercise of the power conferred by section 9 of this Act may include provision permitting the making of charges for the provision of the services to which they relate.
Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given—
to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and
to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify.
The Secretary of State may give directions to local authorities and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services.
local authorities and education authorities shall have power— but, where directions are given to local authorities and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions.
to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and
to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services;
Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly.
Nothing in sections 8 and 9 and this section shall make it unlawful for a local authority or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State.
A direction given under this section may be revoked or varied by another direction so given.
Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.
In each financial year the Welsh Ministers must consult the Commission for Tertiary Education and Research on strategic priorities in the next financial year for the performance of their duty in section 8 and the exercise of their power in section 9.
In this section, “financial year means a period of 12 months ending on 31 March.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There shall be paid out of money provided by Parliament— and any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
any expenses incurred by the Secretary of State for the purposes of this Act; and
any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided;
Where it appears to the Secretary of State or an industrial training board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982 that any person would have been entitled, by reference to an injury or disease developed by him or another person in consequence of attendance at a course provided or approved by or on behalf of the Secretary of State or by the board or in consequence of the use of facilities so provided or approved, to receive any benefit or increase in benefit in pursuance of Parts 2 to 4 of the Social Security Contributions and Benefits Act 1992 but for the fact that he or the other person was not at a relevant time an employed earner, the Secretary of State or the board may make to him payments equal to the whole or part of the benefit or increase in question; . . .
It shall be the duty of the Secretary of State in exercising any power to select disabled persons for courses of training and other courses or any power to submit for engagements the names of disabled persons . . . , to give preference, so far as he . . . considers it consistent with the efficient exercise of that power, to persons of the classes specified in section 16 of the Disabled Persons (Employment) Act 1944 (which specifies the classes of ex-service men and women to whom preference is to be given in pursuance of that section); and in this subsection “disabled person”has the same meaning as in the Equality Act 2010.
It shall be the duty . . . of each local authority or (in Scotland) education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to the exercise by him of any power under this Act to make payments to any persons; and any information falling to be furnished in pursuance of this subsection shall be furnished in such form and at such times as the Secretary of State may direct.
It shall be the duty of each local authority or (in Scotland) education authority and the Commission to furnish the Secretary of State with such information in its possession as the Secretary of State may require as being information required in connection with the determination of questions relating to contributions or benefit under the Social Security Contributions and Benefits Act 1992 and any information falling to be furnished in pursuance of this subsection shall be furnished in such a form and at such times as the Secretary of State may direct.
of the Commission and of each local education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to contributions or benefit under the National Insurance Acts 1965 to 1972 or benefit under the National Insurance (Industrial Injuries) Act 1965 or the Industrial Injuries and Diseases (Old Cases) Act 1967 ;
of the Commission and of each local education authority to furnish the Supplementary Benefits Commission with such information in its possession as the Secretary of State may specify as being information required by the latter Commission in connection with the determination of questions relating to benefit within the meaning of the Ministry of Social Security Act 1966;
subject to the following subsection, of each local education authority to comply with any directions of the Secretary of State requiring it—
to issue, to persons under the age of eighteen who apply for them, such documents relating to the contributions aforesaid as may be specified in the directions, and
to furnish the Secretary of State with such information as may be so specified with respect to persons to whom documents are issued in pursuance of the directions;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State or an industrial training board may make to any person payments by way of travelling and subsistence allowances and compensation for loss of remunerative time which , in the case of payments by such a board, are approved by the Secretary of State and which the Secretary of State or board considers are appropriate in connection with the person’s attendance at any examination connected with a claim for payments from the Secretary of State or board in pursuance of subsection (3) of the preceding section; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Act, apart from Schedule 2, the following expressions have the following meanings— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980; “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; “facilities” includes services; “functions” includes powers and duties; “local authority” has the meaning given by section 579(1) of the Education Act 1996; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “training” includes any education with a view to employment, and cognate expressions shall be construed accordingly; and “university”, in relation to Scotland, includes a central institution and a college of education as defined in section 145 of the Education (Scotland) Act 1962.
" local education authority ", in relation to Scotland, means an education authority as defined in section 145(16) of the Education (Scotland) Act 1962;
" modifications " includes additions, omissions and amendments ;
" employment ", except in section 7 and Schedule 1, 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 ;
“relevant information” means information obtained under the said Act of 1947;
Any reference in this Act to redundancy shall be construed as a reference to the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965.
A reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment.
The powers conferred on the Secretary of State by this Act are in addition to and not in substitution for any powers exercisable by him apart from this Act.
Any power to make an order which is conferred on the Secretary of State by this Act apart from Schedule 2 shall be exercisable by statutory instrument, and an order made in the exercise of such a power—
may include such supplemental and incidental provisions as the Secretary of State considers appropriate for the purposes of the order;
may, except in the case of an order made by virtue of section 8(6) or 12(3) of this Act, be varied or revoked by a subsequent order so made, so however that an order appointing a day shall not be varied or revoked by virtue of this subsection on or after that day.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The enactments mentioned in Schedule 3 to this Act shall have effect subject to the provisions of that Schedule; . . .
The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule; but nothing in this subsection affects the application of hte Industrial Training Act 1964 to the Agricultural Training Board.
This Act may be cited as the Employment and Training Act 1973.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
different days may be appointed in pursuance of this subsection for the purposes of different provisions of this Act or for different purposes of the same provision of this Act; and
any such order may contain such transitional provisions as the Secretary of State considers appropriate in connection with the order.
This Act.. does not extend to Northern Ireland.
Subject to paragraphs 2 to 4 of this Schedule, a person shall hold and vacate office as a member or the chairman or a deputy chairman in accordance with the terms of the instrument appointing him to that office.
A person may at any time resign his office as a member or the chairman or a deputy chairman by giving to the Secretary of State a notice in writing signed by that person and stating that he resigns that office.
If a member becomes or ceases to be the chairman or a deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office as a member. If the chairman or a deputy chairman ceases to be a member he shall cease to be the chairman or a deputy chairman, as the case may be.
If the Secretary of State is satisfied that a member— the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant. In the application of the preceding sub-paragraph to Scotland for the references in paragraph (b) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract.
The Commission may pay to each member such remuneration and allowances as the Secretary of State may determine.
The Commission may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine.
Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission may make to him a payment of such amount as the Secretary of State may determine.
The quorum of the Commission and the arrangements relating to meetings of the Commission shall be such as the Commission may determine.
The validity of any proceedings of the Commission shall not be affected by any vacancy among the members or by any defect in the appointment of a member.
Subject to the following paragraph, the Commission may appoint such officers and servants as it may determine with the consent of the Secretary of State as to numbers and terms of employment ; and any reference in this Act to an employee of the Commission is a reference to a person appointed in pursuance of this sub-paragraph. Different numbers and terms of employment may be determined in pursuance of the preceding sub-paragraph in relation to employees or proposed employees of different categories.
It shall be the duty of the Commission to make, before such date as the Secretary of State may determine, an offer of employment by the Commission to each person who is employed by the Secretary of State and whose name is notified to the Commission by the Secretary of State in pursuance of this sub-paragraph ; and the terms of the offer must be such that in the opinion of the Secretary of State they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed by the Secretary of State on the date on which the offer is made. An offer made in pursuance of the preceding sub-paragraph shall not be revocable during the period of three months beginning with the date on which the offer is made.
It shall be the duty of the Commission, except so far as it is satisfied that adequate machinery exists for achieving the purpose of this paragraph, to seek consultation with any organisation appearing to the Commission to be appropriate with a view to the conclusion between the Commission and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—
the settlement by negotiation of terms and conditions of employment of employees of the Commission, with pro vision for reference to arbitration in default of such a settlement in such cases as may be determined by or under the agreement; and
the promotion and encouragement of measures affecting the safety, health and welfare of employees of the Commission and the discussion of other matters of mutual interest to the Commission and its employees, including efficiency in the performance of the Commission's functions.
The Commission may authorise any member or employee of the Commission and, with the consent of the Secretary of State, any other person to perform on behalf of the Commission such of the Commission's functions (including the function conferred on the Commission by this paragraph) as are specified in the authorisation.
It shall be the duty of the Commission— The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.
It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this paragraph.
For the purposes of section 2 of the Official Secrets Act 1911 (which among other things relates to the wrongful communication of information) a member and an employee of the Commission shall be deemed to hold an office under Her Majesty.
The Secretary of State shall not make a determination or give his consent in pursuance of paragraph 5, 6, 7 or 10(1) of this Schedule except with the approval of the Minister for the Civil Service.
The fixing of the common seal of the Commission shall be authenticated by the signature of the secretary of the Commission or some other person authorised by the Commission to act for that purpose.
A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
In the preceding provisions of this Schedule—
"accounting year" means the period of twelve months ending with 31st March in any year except that the first accounting year of the Commission shall, if the Secretary of State so directs, be such period shorter or longer than twelve months (but not longer than two years) as is specified in the direction; and
" the chairman ", " a deputy chairman " and " a member " mean respectively the chairman, a deputy chairman and a member of the Commission.
The preceding provisions of this Schedule shall have effect in relation to each of the Agencies as if— It shall be the duty of the Commission to include in or send with the copies of the statement sent by it as required by paragraph 14(l)(c) of this Schedule copies of the statement sent to it by each of the Agencies in pursuance of the said paragraph 14(1)(c) as adapted by the preceding sub-paragraph. The terms of an instrument appointing a person to be a member of either of the Agencies shall be such as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.
Subject to any modifications made by the following paragraphs of this Part of this Schedule in any of the following provisions of the Act, in sections 1(4), 2(5) and (6), 4(2), 5(1), (2) and (5), 7(2) and 8(3) of the Act a reference to the Commission shall be substituted for any reference to the Secretary of State.
In section 1(1) of the Act after the word "may" there shall be inserted the words " , if the Manpower Services Commission submits to him proposals that he should do so, ". In subsection (2) of section 1 of the Act, after the word "Act" there shall be inserted the following definitions— and for so much of the said subsection (2) as begins with the word " and " in the definition of " the industry " there shall be substituted the following definitions— In section 1(4) of the Act, for the words "Before making" there shall be substituted the words " Before the Commission submits to the Minister proposals for the making of ".
In section 2(1) of the Act— For subsection (3) of section 2 of the Act there shall be substituted the following subsection— , to persons who make studies for the purpose of providing such courses or facilities and to persons who maintain arrangements to provide such courses or facilities which are not for the time being in use " and at the end of the said section 2(4) there shall be inserted the following paragraph—
In section 3(1) of the Act for the words " the proposals " there shall be substituted the words " proposals submitted to and approved by the Commission under section 7 of this Act " and after the words " section 2 " there shall be inserted the words " or 4B(4) ". In section 3(2) of the Act, for the words from " allowances " onwards there shall be substituted the words " 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 ". After subsection (2) of section 3 of the Act there shall be inserted the following subsection—
For subsection (1) of section 4 of the Act there shall be substituted the following subsection— In section 4(2) of the Act, after the words " to proposals" there shall be inserted the words " in respect of a levy which have been ". In section 4 of the Act, after subsection (2) there shall be inserted the following subsection— In section 4(3) of the Act, before the word " contain " there shall be inserted the words " provide for payments by way of levy to accrue due from day to day over a period specified in the order and may " and before the word " become " there shall be inserted the words " (whether or not any period over which that amount accrues due has expired) ". At the end of section 4(4) of the Act there shall be inserted the words " unless the instrument contains only an order which includes a statement that it is made in a case falling within subsection (2A)(d)(ii) of this section, and no levy order which includes such a statement shall be made unless a draft of the order has been approved by a resolution of each House of Parliament ".
After section 4 of the Act there shall be inserted the following sections—
In section 5(1) of the Act for the word " Treasury " there shall be substituted the word " Minister ". In section 5 of the Act after subsection (1) there shall be inserted the following subsection—
At the end of section 6(3) of the Act there shall be inserted the words " or to the Commission, the Employment Service Agency, the Training Services Agency or an officer of the Commission or either Agency ". In section 6(7)(b) of the Act for the words " either of those subsections " there shall be substituted the words " that subsection ".
After section 6 of the Act there shall be inserted the following section—
For subsection (1) of section 7 of the Act there shall be substituted the following subsection— After subsection (1) of section 7 of the Act there shall be inserted the following subsections— In section 7(2) of the Act for the words from " the proposals submitted " to " unsatisfactory he" there shall be substituted the words " it appears to the Minister, after he has considered a report made to him by the Commission on the proposals submitted in pursuance of the direction, that the proposals are unsatisfactory he ".
In section 8(1) of the Act for the words "Minister may, with the approval of" there shall be substituted the words " Commission may, with the approval of the Minister and ". At the beginning of section 8(4) of the Act there shall be inserted the words " The Commission shall send a copy of every such report to the Minister and ".
In section 9(1) of the Act after the word " may " there shall be inserted the words " on the recommendation of the Commission ". In section 9(2) of the Act for the words from the beginning to " Minister" there shall be substituted the words " Before recommending the making of an order under subsection (1)(a) of this section the Commission shall consult the industrial training board and such organisations or associations appearing to the Commission to be representative— and before recommending the making of an order under subsection (1)(b) of this section the Commission ". In section 9(3) of the Act after the word " industry " there shall be inserted the words " (whether or not they are holders of exemption certificates) " and after the word " raising" there shall be inserted the words " the whole or part of ".
After section 9 of the Act there shall be inserted the following section—
In section 10 of the Act after the word " board" in subsection (1) and in each place where it occurs in subsection (3) there shall be inserted the words " the Commission or the Minister ".
In section 12 of the Act after subsection (2A) there shall be inserted the following subsection—
In section 14(1) of the Act for the words from the beginning to " carried on " there shall be substituted the words " An industrial training board may, with the consent of the Commission given with the approval of the Minister, exercise such functions in connection with training for employment " and at the end of section 14(1) there shall be inserted the words " ; and -the board may enter into agreements for the making of payments to the board in respect of the exercise in pursuance of this subsection of functions by the board. "
In the Schedule to the Act—
at the end of paragraph 4 there shall be inserted the words " and may make such arrangements for the payment of pensions, superannuation allowances and gratuities to or in respect of its chairman as the Minister may specify with the like approval ";
after paragraph 4 there shall be inserted the following paragraph—;
in paragraph 6(1) after the word " specify " there shall be inserted the words " and the Commission ";
The Commission may appoint one or more persons to attend the meetings of a committee of an industrial training board, and a person so appointed shall be entitled to take part in the proceedings of the committee and receive copies of all documents distributed to its members but shall have no vote.;
at the end of paragraph 10 there shall be inserted the words " with the approval of the Minister given with the consent of the Minister for the Civil Service "; and
in paragraph 11 for the words "as the board may determine " there shall be substituted the words " (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service ".
The following provisions of the Act shall cease to have effect, namely—
section 2(1)(f);
in section 3(1), the words from ", in accordance " to " section 7 of this Act," ;
in section 5, in subsection (1) the words "out of moneys provided by Parliament", subsection (3) and in subsection (4) the words from " and any " onwards ;
in section 6, subsection (1), in subsection (2) the words from " and any " to " board " in the second place where it occurs and in subsections (6) and (7)(a) the words " subsection (1) or";
sections 11, 13 and 17 ;
in the Schedule, paragraph 6(2).
The following provisions of the Act shall cease to have effect, namely—
in section 1, subsections (1) and (4) to (6) ;
section 2(5) and (6);
in section 3(1) the words from ", in accordance " to " 7 of this Act," and from ", to such extent" to " the proposals," ;
sections 4, 5(2) to (4), 6 and 7 ;
in section 9, in subsection (3) the words from "and may" onwards, and subsection (4);
sections 11 to 13, 14(3) and 17 ; and
in the Schedule, paragraphs 5, 6(2) and 12.
In section 1(2) of the Act after the word "Act" there shall be inserted the words— and for the definition " the Minister " there shall be substituted the words—
In section 2(1) of the Act for paragraph (f) there shall be substituted the following paragraph— and after paragraph (g) there shall be inserted the following paragraphs— In section 2(3) of the Act after the word " provide " there shall be inserted the words " advice for the other board and ". At the end of section 2(4) of the Act there shall be inserted the following paragraph—
After section 2 of the Act there shall be inserted the following sections—
In section 3(1) of the Act after the words " section 2 " there shall be inserted the words " or by virtue of section 2A ". In section 3(2) of the Act for the words from " allowances " onwards there shall be substituted the words " 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 ". After subsection (2) of section 3 of the Act there shall be inserted the following subsection—
In section 5(1) of the Act for the word " Minister " there shall be substituted the words " Minister of Agriculture, Fisheries and Food ".
At the end of section 9(1) of the Act there shall be inserted the words " 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 ".
In section 14(1) of the Act for the words from the beginning to "carried on" there shall be substituted the words " An industrial training board may, with the consent of the Minister, exercise such functions in connection with training for employment ".
In the Schedule to the Act—
at the end of paragraph 4 there shall be inserted the words " and may make such arrangements for the payment of pensions, superannuation allowances and gratuities to or in respect of its chairman as the Minister may specify with the like approval ";
after paragraph 4 there shall be inserted the following paragraph—
in paragraph 6(1), after the word " specify " there shall be inserted the words " and the Manpower Services Commission ";
at the end of paragraph 10 there shall be inserted the words " with the approval of the Minister given with the consent of the Minister for the Civil Service "; and
in paragraph 11, for the words "as the board may determine " there shall be substituted the words " (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service ".
Section 14(1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 29(4)(c) of the National Assistance Act 1948 (which relates to the provision by local authorities of workshops and hostels for persons for whom work or training is provided in pursuance of the Disabled Persons (Employment) Act 1944), after the word “1944”, there shall be inserted the words “or the Employment and Training Act 1973”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 119A(2) of the Factories Act 1961 , for paragraph (a) (which contains a definition for the purposes of that section of “the local careers office”), there shall be substituted the following paragraph—
“ the local careers office ” means the premises from which, under arrangements made in pursuance of subsection (1), (4) or (5) of section 8 of the Employment and Training Act 1973, the facilities provided in pursuance of the said subsection (1) are made available in the area (as determined in pursuance of the arrangements) in which the factory is situated ; and.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (2) of that section (which relates to the membership of any of the bodies constituted under section 8(1) of the Employment and Training Act 1948), for the words from “to be members” to “respectively)” there shall be substituted the words “in pursuance of section 5(2)(a) of the Employment and Training Act 1973 to advise the Secretary of State with respect to the performance of the functions conferred on him by virtue of section 10(1) of that Act”, and the words “the body in question” shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14(2). Chapter Short title Extent of repeal 25 & 26 Geo. 5. c. 8. The Unemployment Insurance Act 1935. Section 80 . 7 & 8 Geo. 6. c. 10. The Disabled Persons (Employment) Act 1944. Sections 2 to 5. In section 16 the words “vocational training and industrial rehabilitation courses and” and the words from “and in selecting” to “engagements”. 11 & 12 Geo. 6. c. 46. The Employment and Training Act 1948. The whole Act. 12, 13 & 14 Geo. 6. c. 37. The Agriculture (Miscellaneous Provisions) Act 1949. Section 8(5). 1963 c. 33. The London Government Act 1963. Section 34. 1964 c. 16. The Industrial Training Act 1964. Section 2(1)(f). In section 3(1) the words from “, in accordance” to “section 7 of this Act,”. In section 5, in subsection (1) the words “out of moneys provided by Parliament”, subsection (3), and in subsection (4) the words from “and any” onwards. In section 6, subsection (1), in subsection (2) the words from “and any” to “board”, in the second place where it occurs, and in subsections (6) and (7)(a) the words “subsection (1) or”. Sections 11, 13 and 17. In the Schedule, paragraph 6(2). 1965 c. 51. The National Insurance Act 1965. Sections 81(7) and 83(1)(b)(iv). In section 114(1), the definition of “employment exchange”. 1965 c. 52. The National Insurance (Industrial Injuries) Act 1965. Sections 25(2)(c) and 72. 1967 c. 80. The Criminal Justice Act 1967. In Schedule 3 the entry relating to the Employment and Training Act 1948. 1970 c. 40. The Agriculture Act 1970. Section 104. 1970 c. 44. The Chronically Sick and Disabled Persons Act 1970. In section 13(2) the words “the body in question”. 1972 c. 5. The Local Employment Act 1972. Section 6. 1972 c. 28. The Employment Medical Advisory Service Act 1972. Section 5(2). 1972 c. 70. The Local Government Act 1972. Section 209.
The functions of a local authority or education authority shall include power to enter into agreements for the supply of goods or services authorised by this section with any person (other than an authority) who provides, or arranges for the provision of, relevant services and is a person with whom this section authorises such arrangements to be made.
This section authorises the making of such arrangements with any person—
who, under arrangements (or joint arrangements) made with that person under section 10(1) or (3) of this Act provides, or arranges for the provision of, the services;
who provides the services jointly with an authority under section 10(3) of this Act;
who is the means by which, under section 10(8), an authority provides, or arranges for the provision of, the services.
Subject to subsections (4), (5) and (6) below, this section authorises— and the authority may purchase and store any goods which in their opinion they may require for the purposes of paragraph (a) above.
the supply by the authority to the person of any goods;
the provision by the authority for the person of any administrative, professional or technical services;
the use by the person of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the person of the services of any person employed in connection with the vehicle or other property in question;
the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the person is responsible;
The supply by an authority of goods or services to any person is authorised by this section only for the purpose of the provision by that person of relevant services.
The supply by an authority of goods or services to any person is authorised by this section only during the period of two years beginning with the day on which that person first provides relevant services in the area of that authority.
Goods and services shall be supplied on such terms as can reasonably be expected to secure that the full cost of making the supply is recovered by the authority.
The supply by an authority of goods or services to any person is authorised outside as well as within the area of that authority.
This section is without prejudice to the generality of any other enactment conferring functions on local education authorities or education authorities.
In this section—
“ goods ” includes materials; and
“ relevant services ” has the meaning given in section 8(2) of this Act.
Her Majesty's Chief Inspector of Education, Children's Services and Skills—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall, when requested to do so by the Secretary of State, inspect and report on the provision of services in England in pursuance of section 8 or 9 by any person or institution, and
may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
A request under subsection (1)(c)—
may be general or in relation to specific matters,
may relate to a specific person or institution providing services, or to a specific class of person or institution, and
may relate to a specific area.
An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—
section 10(1)(a) and (d) (right of access), and
section 58 (computer records).
Section 11 of the Education Act 2005 (publication of reports) shall apply.
A person who wilfully obstructs a person in carrying out or participating in the inspection—
shall be guilty of an offence, and
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
S. 1 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Ss. 2, 3 substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) S. 2(3A) inserted (30.8.1993) by 1993 c. 19, s. 47(1); 1993/1908, art. 2(1), Sch.1. Ss. 2(4)(6) which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 2A inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 144, 150(3); S.I. 2012/863, art. 2(3)(h) Ss. 3 which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 4(1)(2) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(a) S. 4(3)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 4(3)(c) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(c) Words in s. 4 inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 8 Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I Words inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(1) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I Words in s. 4(3)(e)(ii), 4(5)(d) repealed (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(3), Sch. 3. Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(a) Words in s. 4(3)(e) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(a) Words in s. 4(3)(e)(ii) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(1) (with art. 3(1)) S. 4(3)(e)(iii) added (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(2) (with art. 3(1)) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(e), Sch. 7 Pt. I S. 4(3A) inserted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(3) Words substituted by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20, Sch. 3 para. 3 Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 11(2), Sch. 3 S. 4(5)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(4) S. 4(5)(cc) inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(2) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(b) Words in s. 4(5)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(b) S. 4(5)(dd) (as inserted by section 11(6)(b) of the Scottish Development Agency Act 1975 and not as inserted by section 24(6)(b) of the Welsh Development Agency Act 1975) repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I S. 4(5)(dd) inserted by Welsh Development Agency Act 1975 (c. 70), s. 24(6)(b) Words in s. 4(5)(dd) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(3)(a) (with art. 3(1)) Words in s. 4(5)(dd) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 paras. 5(3)(b) (with art. 3(1)) S. 4(5)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G S. 4(6) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I S. 5(1) repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4 Words in s. 5(2)(a) substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2); S.I. 1993/2503, art. 2(3), Sch.3. Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4 S. 6(1)(2) repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4 S. 6(5) repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4 S. 7 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(2), Sch.2. S. 8(4)(za) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 2(2) S. 8(4)(a) substituted (31.7.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 1 (with s. 19); W.S.I. 2026/62, art. 19(1) (with art. 19(2)(3)) Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2. S. 9A inserted (W.) (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), ss. 140, 148(2) (with s. 19); S.I. 2024/806, art. 2(i) (with art. 28) Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2. Words in s. 10(1)-(8) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(2)(a) Words in s. 10(10) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(2)(b) S. 10A inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.46; S.I. 1993/2503, art. 2(3), Sch.3. Words in s. 10A(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(3) S. 10B inserted (1.4.2001) by 2000 c. 21, s. 122 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3) Words in s. 10B(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 4(a); S.I. 2007/935, art. 5(gg) S. 10B(1)(a)(b) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 4(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii); S.I. 2007/935, art. 5(gg)(ii) Words in s. 10B(1)(c) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 4(c); S.I. 2007/935, art. 5(gg) S. 10B(6) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 2(2); S.I. 2005/2034, art. 5 Words in s. 10B(7) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 2(3); S.I. 2005/2034, art. 5 S. 11(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25, Sch. 2 para. 1(a) Words substituted by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20, Sch. 3 para. 3 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25, Sch. 2 para. 1(b) Words substituted by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 2 Pt. I para. 68 Words in s. 11(3) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.10. Words in s. 11(3) substituted (30.10.2012 for specified purposes, 31.10.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 66(2), 150(3); S.I. 2012/2530, art. 2(5)(b); S.I. 2013/2534, art. 2 Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(1)(a) Words in s. 12(1) substituted (2.12.1996) by 1995 c. 50, s. 70(4), Sch. 6 para. 1 (with ss. 59, 64, 65); S.I. 1996/1474, art. 2, Sch. Pt. III Words substituted by Employment Act 1988 (c. 19, SIF 45:3), s. 25(2), Sch. 2 para. 2(1)(b) and repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(1)(c) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words in s. 12(1) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 3 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2) S. 12(1A) inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(2) Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words in s. 12(1A) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(4) S. 12(2) substituted by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 4 para. 2 Words in s. 12(2) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(4) Words in s. 12(2) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 11. S. 12(3) repealed by S.I. 1981/494, art. 2 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(3)(a) Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(3)(b) Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(2), Sch. 2 para. 2(3)(a) Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 4 S. 12(5) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIII S. 12(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Definition repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), ss. 11(2), 20, Sch. 3 Definitions repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Words in s. 13(1) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(5)(a) Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Words in s. 13(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 28(5)(b) S. 13(1A) inserted by Employment Protection Act 1975 (c. 71), Sch. 14 para. 3 S. 13(5) repealed by Employment Protection Act 1975 (c. 71), Sch. 18 S. 13(6) omitted (18.8.2010) by virtue of Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 2 Words repealed by Industrial Development Act 1982 (c. 52, SIF 64), ss. 19, 20, Sch. 2 Pt. I para. 1, Sch. 3 S. 15(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Words in s. 15(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 1 repealed (with saving for para. 6) by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(5), 29(4), Sch. 5 para. 5(1), Sch. 7 pt. I Sch. 2 Pts. I, II repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4 Sch. 2 Pts. III, IV repealed (in relation to Agricultural Training Board) by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2 Sch. 3 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 para. 4 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 Sch. 3 paras. 5, 13 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Sch. 3 para. 6 repealed (prosp.) by Employment Act 1989 (c. 38, SIF 43:1), ss. 27(2)(3), 29(4), Sch. 7 Pt. III Sch. 3 para. 7 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I Sch. 3 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 para. 9 repealed by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10(2), Sch. 2 and also expressed to be repealed by Employment Act 1989 (c.38, SIF 43:1), s. 29(4), Sch. 7 Pt. I Sch. 3 para. 10 repealed by Race Relations Act 1976 (c. 74), Sch. 5 Sch. 3 para. 11(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 paras. 12, 15 repealed by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. 2 Pt. I para. 1, Sch. 3 Sch. 3 paras. 5, 13 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 Sch. 3 para. 14 repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10 Sch. 3 paras. 12, 15 repealed by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. 2 Pt. I para. 1, Sch. 3 Act: functions transferred (1.7.1999) (except ss. 2, 4, 5 and 11 for which functions are shared (and modified for s. 2)) by S.I. 1999/672, art. 2, Sch. 1 Act extended (retrospectively) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 45(1) Act: power to continue certain provisions conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15. Act functions ceased to be exercisable concurrently (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), arts. 1(2), 3(2)(a) S. 2 functions made exercisable concurrently (12.10.2007) by Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), arts. 1(2), 3(4)(a) S. 2 modified (1.12.2000 for specified purposes and otherwiseprosp.) by 2000 c. 19, s. 62(5) (with s. 83(6)); S.I. 2000/2950, art. 5 S. 2: Functions transferred (1.7.1999 subject to s. 56(1) of the amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1) S. 2 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 2: functions transferred (12.3.2020) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020 (S.I. 2020/276), arts. 1(2), 2(1)-(5) (with art. 2(6)) S. 2(2)(d) excluded (7.10.1996) by S.I. 1996/207, reg. 103(2), Sch. 7 para. 14 S. 2(3A): power exercisable (1.7.1999) with the agreement of the Scottish Ministers by S.I. 1999/1750, art. 4, Sch. 3 S. 4 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 6(3)(4) repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2 S. 9 functions made exercisable concurrently (12.10.2007) by Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), arts. 1(2), 3(4)(a) S. 11(3): Functions transferred (1.7.1999 subject to s. 56(1) of the amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1) S. 11(3) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 12(4): Functions transferred (1.7.1999 subject to s. 56(1) of the Amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1) Words repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2 The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 Sch. 3 para. 7: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 Sch. 3 Pt. IIpara. 15 The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 1965 c. 59. 1968 c. 16. 1964 c. 16. 1992 c. 37. 1944 c. 10. 1962 c. 47 1965 c. 62. 1935 c. 8. 1944 c. 10. 1948 c. 29. 1961 c. 34. 1965 c. 52. 1970 c 44. An Act to establish public authorities concerned with arrangements for persons to obtain employment and with arrangements for training for employment and to make provision as to the functions of the authorities; to authorise the Secretary of State to provide temporary employment for unemployed persons; to amend the Industrial Training Act 1964 and the law relating to the provision by education authorities of services relating to employment; and for purposes connected with those matters.
There shall be three bodies corporate, to be called the Manpower Services Commission, the Employment Service Agency and the Training Services Agency, each of which shall have perpetual succession and a common seal and shall be constituted in accordance with the following provisions of this section.
The said Commission (hereafter in this Act referred to as " the Commission ") shall consist of ten persons appointed by the Secretary of State to be members of the Commission, of whom the members specified in each of the following paragraphs shall be appointed by him after consultation with such of the organisations mentioned in that paragraph as he considers appropriate, that is to say—
as to three members, organisations representing employers;
as to three other members, organisations representing employees;
as to two other members, organisations representing local authorities; and
as to one other member, organisations concerned with education (excluding organisations mentioned in the preceding paragraph).
The Secretary of State shall appoint as the chairman of the Commission the member about whose appointment no consultation is required by virtue of the preceding subsection and may appoint one of the other members as the deputy chairman of the Commission.
The said Agencies (hereafter in this Act referred to jointly as " the Agencies ") shall each consist of three persons of whom one shall be appointed by the Commission with the approval of the Secretary of State to be the director of the Agency in question and the others shall be appointed by the Commission after consultation with the said director.
The provisions of Schedule 1 to this Act shall have effect with respect to the Commission and the Agencies.
The Secretary of State may with the consent of the Treasury, at any time during the period of five years beginning with the day when subsection (1) of this section comes into force, by order transfer to and vest in the Commission or either of the Agencies— but nothing in section 12 of the Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) shall apply to this Act or an order made in pursuance of this subsection, and stamp duty shall not be payable on such an order.
any interest of the Crown or a government department in land which in the opinion of the Secretary of State is occupied by him or the Commission or either of the Agencies for a purpose connected with the functions of any of those bodies ; and
any rights and liabilities to which the Crown or a government department is entitled or subject in connection with such an interest;
It is hereby declared that the Commission and the Agencies are not to be regarded as servants or, subject to subsection (2)(a) of the following section, as agents of the Crown or as enjoying any status, privilege or immunity of the Crown or, subject to the preceding subsection, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that their property is not to be regarded as property of or held on behalf of the Crown; but nothing in this Act shall be construed as derogating from any privilege, immunity or exemption of the Crown in relation to any matter as respects which the Commission or either of the Agencies acts as agent of the Crown by virtue of the said subsection (2)(a).
The Secretary of State shall make such arrangements as he considers appropriate for the purpose of assisting persons to select, train for, obtain and retain employment suitable for their ages and capacities or of assisting persons to obtain suitable employees (including partners and other business associates).
Arrangements under this section may—
include arrangements for providing temporary employment for persons in Great Britain who are without employment;
include arrangements for encouraging increases in the opportunities for employment and training that are available to women and girls or to disabled persons;
subject to the restriction of paragraph (a) of this subsection to persons in Great Britain, be made in respect of employment and training anywhere in the United Kingdom or elsewhere;
include provision for the making of payments by the Secretary of State, by way of grant or loan or otherwise, to persons who provide facilities in pursuance of the arrangements, to persons who use those facilities and to other persons specified in or determined under the arrangements;
include provision for the making of payments to the Secretary of State by other parties to the arrangements and by persons who use those facilities;
include arrangements for securing that assistance in relation to the matters mentioned in subsection (1) of this section is provided by persons other than the Secretary of State.
The payments for which arrangements under this section may provide—
shall include the payment to a person by the Secretary of State of an allowance pending a time when payments will be or may be made to that person in respect of his use of facilities which will be or may be made available to him under any such arrangements;
shall not include the payment of any such allowance to a person— and
for any period after that person has attained the age of eighteen years; or
for any period for which child benefit is payable in respect of that person;
shall not include any payment by any person to the Secretary of State, other than a payment for publications issued in pursuance of the arrangements, in respect of the seeking or obtaining for that person of any employment under a contract of service or apprenticeship.
Without prejudice to subsection (2)(f) of this section, the Secretary of State may wholly or partly perform his duty under subsection (1) of this section in relation to Scotland by authorising or directing Scottish Enterprise or Highlands and Islands Enterprise to act on his behalf— and the power under this subsection to give authorisations or directions shall include power to revoke or vary any authorisation or direction so given.
in the making of arrangements under this section in such cases or for such purposes as may be specified in or determined under the authorisation or direction;
in the taking of such steps for the purposes of, or in connection with, the carrying out of any arrangements under this section (including any made otherwise than by Scottish Enterprise or Highlands and Islands Enterprise) as may be so specified or determined,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to exercise on behalf of the Commission such of the Commission's functions as the Commission directs the Agency to exercise; and
to give effect to any directions given to it by the Commission otherwise than in pursuance of the preceding paragraph.
Where Scottish Enterprise or Highlands and Islands Enterprise make arrangements under this section in pursuance of an authorisation or direction made by the Secretary of State under subsection (3A)(a) above, they shall, at such times as the Secretary of State may require, report to him what provision, if any, they have included in those arrangements in relation to disabled persons.
No payments shall be made by or on behalf of the Secretary of State by virtue of any power conferred by this section, other than payments under section 11(3) or 12(4) of this Act, unless the Treasury have approved—
the amounts of the payments or the manner of determining those amounts; and
the terms on which they are made or the manner of determining those terms.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the following subsection, the Secretary of State may—
approve, with or without modifications, any proposals submitted to him in pursuance of the preceding section;
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).
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.
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.
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.
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.
The Commission shall be a competent authority for the purposes of the Statistics of Trade Act 1947, and the reference in section 1(1) of that Act to the discharge by government departments of their functions shall include a reference to the discharge by the Commission of its functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to the generality of subsection (1)(b) of the preceding section, the Secretary of State may give directions to the Commission requiring it to furnish to a government department, in a form specified in the directions, any information so specified which has been obtained by the Commission by virtue of the preceding subsection or otherwise.
Nothing in section 9 of Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—
the disclosure by the Secretary of State of relevant information to the Commission or either of the Agencies;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the disclosure by the Commission or either of the Agencies of relevant information to a government department;
the disclosure by the Secretary of State or the Chancellor of the Exchequer to a board of relevant information;
the disclosure by either of the Agencies to the Commission or the other Agency or a board of relevant information which is of a kind specified in a notice in writing given to the disclosing Agency and the recipient of the information by the Secretary of State or the Chancellor of the Exchequer in pursuance of this paragraph;
the disclosure by the Secretary of State or the Chancellor of the Exchequer, . . . the Commission or either of the Agencies of relevant information, consisting of the name and address of any establishment, the numbers of persons of different descriptions employed there and the nature of the activities carried on there, to
any person who is or is to be engaged in the carrying out on behalf of the Secretary of State or the Chancellor of the Exchequer . . . of any research or survey relating to matters connected with training for employment, with industrial relations or otherwise with employment or unemployment; or
an officer of any of the following bodies who is authorised by that body to receive the information, namely, . . . a local planning authority within the meaning of the Town and Country Planning Act 1990 or a planning authority within the meaning of the Town and Country Planning (Scotland) Act 1997. . . .... and a development corporation within the meaning of the New Towns Act 1965 or the New Towns (Scotland) Act 1968;
an officer of the National Assembly for Wales who is authorised by that body to receive the information for the purposes of its functions under the Welsh Development Agency Act 1975
the disclosure by the Secretary of State or the Chancellor of the Exchequer , . . . of statistics compiled wholly or partly from relevant information about the numbers of persons employed in any activity or area.
Where the Secretary of State or the Chancellor of the Exchequer discloses information to a board or any other person under subsection (3)(c) or (f ) of this section, he shall give a notice in writing to that person specifying the purposes for which the information may be used.
In the preceding subsection— and any reference in that subsection to the Secretary of State or the Chancellor of the Exchequer, a government department . . . , . . . or such a board includes respectively a reference to an officer of his or of that body and also, in the case of a reference to such a board, a reference to any committee appointed by the board, to any officer of such a committee and to any person entitled to take part in proceedings of the board.
" a board " means an industrial training board within the meaning of the Industrial Training Act 1964; and
“a board” means an industrial training board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982; and
" relevant information " means information obtained under the said Act of 1947 ;
A person to whom information is disclosed in pursuance of subsection (3) of this section shall not use the information for a purpose other than— and a person who contravenes the provisions of this subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
in a case falling within paragraph (a) of that subsection, a purpose of the Commission or, as the case may be, of the Agency in question ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in a case falling within paragraph (b) of that subsection, a purpose of the government department in question ;
in a case falling within paragraph (c) . . . or (f) of that subsection, a purpose specified in the notice given with respect to the information in pursuance of subsection (3A) of this section;
in the case of information given to such a person as is mentioned in paragraph (e)(i) of that subsection, a purpose related to the carrying out of the research or survey in the carrying out of which that person is or is to be engaged;
in the case of information given to an officer of . . . a local planning authority, the purposes of the functions conferred on the authority . . . by Part II of the said Act of 1990 or 1997 (which relate to development plans);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of information given to an officer of a development corporation, the purposes of functions conferred on the corporation by section 3 of the said Act of 1965 or 1968 (which relate to the laying out and development of new towns);
in the case of information given to an officer of the National Assembly for Wales, the purposes of functions conferred on that body by the Welsh Development Agency Act 1975;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may—
appoint such persons as he thinks fit for the purpose of advising him with respect to the performance of any of the functions conferred or imposed on him by sections 2, 8 to 10 and 12 of this Act; and by virtue of this Act, excluding the following section; and
pay to any person appointed in pursuance of the preceding paragraph such subsistence and travelling allowances and such compensation for loss of remunerative time as the Secretary of State may determine with the approval of the Minister for the Civil Service.
The Secretary of State may arrange for or make payments in respect of—
research into any matter connected with any of his functions relating to employment, unemployment or training for employment . . .
the dissemination of information derived from such research.
The Secretary of State shall not make any payments in pursuance of subsection . . . (3) of this section unless the amounts of the payments and the terms on which they are made are approved by the Treasury.
The Industrial Training Act 1964 shall have effect subject to the provisions of Part I of Schedule 2 to this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In accordance with the preceding subsection, sections 1 to 7, 9, 9A, 12 and 14(1) of the Industrial Training Act 1964 are to have effect, after the coming into force of that subsection and Part I of Schedule 2 to this Act, as set out in Part II of that Schedule.
The preceding provisions of this section shall not have effect in relation to the Agricultural, Horticultural and Forestry Industry Training Board, and— and, without prejudice to the powers conferred by the said Act of 1964 to amend or revoke any order in respect of that Board which was made under that Act before this subsection comes into force, nothing in the preceding provisions of this subsection or in the said Part III shall affect the validity of such an order.
the Industrial Training Act 1964 shall have effect in relation to that Board subject to the provisions of Part III of Schedule 2 to this Act; and
that Board shall be called the Agricultural Training Board;
In accordance with the preceding subsection, sections 1 to 3, 5 and 9 of the said Act are to have effect in relation to the Agricultural Training Board, after the coming into force of that subsection and Part III of Schedule 2 to this Act, as set out in Part IV of that Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1 of the Redundancy Payments Act 1965 (which provides for the making of redundancy payments to employees) shall not apply to any person in respect of his employment by the Commission or either of the Agencies, but section 41 of that Act (which provides for the payment out of the Redundancy Fund of sums related to compensation paid for the loss of such employments as are specified in subsection (1) of that section) shall have effect as if employment by the Commission and by each of the Agencies were so specified.
The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commission or either of the Agencies.
For the purposes of sections 1 and 2 of the Contracts of Employment Act 1972 and sections 27(1)(a) and 28(a) of the Industrial Relations Act 1971, a person's period of continuous employment by a relevant body shall be treated as increased by the period or the aggregate of the periods for which he was previously continuously employed by that or another relevant body or in the civil service of the State if the period or each of the periods for which he was so employed was immediately followed by a period for which he was employed by a relevant body or in the said service; and for the purposes of the said section 28(a) a person's period of continuous employment in the said service shall be treated as increased by the period or the aggregate of the periods for which he was previously continuously employed by any relevant body or in the said service if the period or each of the periods for which he was so employed was immediately followed as aforesaid.
For the purposes of the preceding subsection—
the Commission and each of the Agencies is a relevant body;
periods of continuous employment shall be determined in pursuance of Schedule 1 to the said Act of 1972, and " employed " has the same meaning as in that Act; and
employment in the civil service of the State shall be treated as employment under a contract of service but shall be disregarded unless in the course of it the person in question gives personal service of at least twenty-one hours a week, or of such number of hours less than twenty-one as the Secretary of State may by order specify, and the remuneration for the employment is defrayed entirely out of money provided by Parliament.
The Secretary of State may by order provide that any enactment which is specified in the order and relates to the carrying on of an employment agency shall not apply in relation to the Commission and the Agencies or shall apply in relation to any of them with such modifications as are specified in the order; and in this subsection " employment agency " means any agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services.
Arrangements made by the Secretary of State under section 2 may not include arrangements in respect of employment for sexual purposes.
For the purposes of this section employment is for sexual purposes if—
it involves the employee engaging in an activity, and
the employee's activity, or the way in which it is performed, may reasonably be assumed to be intended solely or principally to stimulate one or more other persons sexually (by whatever means).
The Secretary of State may by order specify exceptions to subsection (1).
A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
It shall be the duty of the Secretary of State to secure the provision of relevant services for assisting persons undergoing relevant education to decide— and for assisting persons ceasing to undergo relevant education to obtain such employments, training and education.
what employments, having regard to their capabilities, will be suitable for and available to them when they cease undergoing such education, and
to determine what employments will, having regard to their capabilities, be suitable for them and available to them when they leave the institutions, and
to determine what training will then be required by them and available to them in order to fit them for those employments ;
what training or education is or will be required by and available to them in order to fit them for those employments,
to make the arrangements made in pursuance of the preceding paragraphs available to persons who seek to make use of them and are either such persons as are mentioned in those paragraphs or persons attending or leaving universities in Great Britain ;
In subsection (1) of this section and section 9 of this Act “ relevant services ” means—
giving of assistance by collecting, or disseminating or otherwise providing, information about persons seeking, obtaining or offering employment, training and education,
what employments are suitable for persons having their capabilities, and
what training they require and is available to them in order to fit them for those employments ; and
offering advice and guidance, and
other services calculated to facilitate the provision of any services specified in paragraphs (a) and (b) of this subsection.
In this section and section 9 of this Act “ relevant education ” means—
education involving full-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, and
education involving part-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, which is education of a description commonly undergone by persons in order to fit them for employment.
The references in subsection (3) of this section to an educational institution within the higher education sector shall be construed—
as respects Wales as references to a tertiary education provider registered under section 25 of the Tertiary Education and Research (Wales) Act 2022 to provide higher education, other than a provider which is also an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992) or a school (within the meaning given by section 4 of the Education Act 1996), and
as respects England, as references to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, other than a provider which is also an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992,
as respects Scotland, in accordance with section 56(2) of the Further and Higher Education (Scotland) Act 1992.
The Commission and any local education authority may make arrangements for the performance by the Commission on behalf of the authority of any function conferred on the authority by virtue of subsection (1) of this section or the preceding subsection so far as it relates to subsection (1), and any such arrangements— and the preceding provisions of this subsection shall have effect during any period when this subsection is in force before the establishment of the Employment Service Agency as if paragraph (b) were omitted and for any reference to the Commission there were substituted a reference to the Secretary of State.
may be made in respect of the whole or part of the area of the authority; and
except in a case in which the Secretary of State has authorised the Commission to disregard this paragraph, must include provision for the making by the authority to the Commission of payments intended to defray the expenditure incurred by the Commission by virtue of the arrangements;
The Secretary of State may by order provide that the preceding subsection, subsection (5) of the following section, this subsection and any arrangements in force by virtue of the preceding subsection or the said subsection (5) shall cease to have effect on a day specified in the order; and different days may be specified in pursuance of this subsection in relation to Scotland and the rest of Great Britain.
The reference to part-time attendance in paragraph (a) of subsection (1) of this section does not include— except that the said reference does include part-time attendance by persons who satisfy the local education authority in question that their attendance is with a view to employment.
part-time attendance where none of the relevant classes begins on any day before five o'clock in the evening; and
any other part-time attendance as to which the Secretary of State directs that it shall be disregarded for the purposes of that paragraph ;
The Secretary of State shall have power to secure the provision of relevant services, or any description of relevant services, for assisting persons other than those undergoing relevant education, or any description of such persons, to decide— and for assisting those persons to obtain such employments, training and education.
what employments, having regard to their capabilities, are or will be suitable for and available to them, and
It shall be the duty of each local education authority to keep records of the vocational advice given on behalf of the authority to such persons as are mentioned in subsection (1)(a) of the preceding section.
what training or education is or will be required by and available to them in order to fit them for those employments,
Where a person ceases to attend an educational institution (other than a university) in the area of an authority and begins to attend such an institution in the area of another authority it shall be the duty of the first-mentioned authority, on the request of the other authority, to furnish to the other authority any records relating to that person which have been kept by the first-mentioned authority in pursuance of the preceding subsection or transmitted to that authority in pursuance of this subsection and any records of vocational advice given to that person by the Secretary of State which have been transmitted to the first-mentioned authority by the Secretary of State.
Where to the knowledge of an authority a person ceases to attend a school in the area of the authority otherwise than with a view to attending another school in the area of that or another authority, then, subject to the following subsection, it shall be the duty of the authority— but an authority shall not be required by virtue of paragraph (c) or (d) of this subsection to furnish more than one copy of the summary to the person to whom it relates or more than one copy of it to a parent or guardian of his.
to give him a written summary of any vocational advice already given to him on behalf of the authority and of any vocational advice relating to him of which records were transmitted to the authority in pursuance of the preceding subsection or by the Secretary of State ; and
to keep a copy of the summary for two years beginning with the date on which he ceased to attend the school in question; and
to comply with a request for a copy of the summary which during that period is made to the authority by him; and
to comply with a request for a copy of the summary which, during that period and at a time when the person to whom it relates is under the age of eighteen, is made to the authority by his parent or guardian ;
An authority shall not be required by virtue of paragraph (a) of the preceding subsection to furnish a person with the summary mentioned in that paragraph in a case where the authority has, or the authority and other authorities and the Secretary of State between them have, already furnished him with written statements which together contain the information which apart from this subsection would fall to be included in the summary; and that subsection shall have effect in such a case as if paragraph (a) were omitted and any reference to the summary in any other provision of that subsection were a reference to the statements.
Subsection (5) of the preceding section shall have effect in relation to any function conferred on an authority by virtue of the preceding provisions of this section as it has effect in relation to any function mentioned in that subsection.
In this section—
" authority " means local education authority;
" parent ", in relation to Scotland, has the meaning assigned to it by section 145(33) of the Education (Scotland) Act 1962;
" school ", in relation to England and Wales, has the meaning assigned to it by section 114(1) of the Education Act 1944 and, in relation to Scotland, has the meaning assigned to it by section 145(42) of the said Act of 1962 ; and
" university ", in relation to Scotland, includes a central institution and a college of education as defined in section 145 of the Education (Scotland) Act 1962.
The Secretary of State may perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by making arrangements with— under which they undertake to provide, or arrange for the provision of, services in accordance with the arrangements; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.
local authoritiesor (in Scotland) education authorities,
persons of any other description, or
local authorities or education authorities and persons of any other description acting jointly,
The Secretary of State may also perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by giving directions to local authorities or education authorities requiring them to provide, or arrange for the provision of, services in accordance with the directions; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.
for constituting a body consisting of officers of his and of the other Ministers and of such other persons, if any, as may be determined in pursuance of the arrangements ; and
for the performance by that body on behalf of the Secretary of State of functions conferred on him by the preceding subsection.
Directions given under this section may require local authorities and education authorities—
to provide services themselves or jointly with other authorities or persons,
to arrange for the provision of services by other authorities or persons, or
to consult and co-ordinate in the provision, or in arranging for the provision, of services with other authorities or persons.
Arrangements made, and directions given, under this section may include provision for the making of payments by the Secretary of State, whether by way of grant or loan or otherwise, to the persons with whom they are made or to whom they are given.
Arrangements made, and directions given, under this section in exercise of the power conferred by section 9 of this Act may include provision permitting the making of charges for the provision of the services to which they relate.
Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given—
to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and
to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify.
The Secretary of State may give directions to local authorities and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services.
local authorities and education authorities shall have power— but, where directions are given to local authorities and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions.
to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and
to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services;
Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly.
Nothing in sections 8 and 9 and this section shall make it unlawful for a local authority or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State.
A direction given under this section may be revoked or varied by another direction so given.
Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.
In each financial year the Welsh Ministers must consult the Commission for Tertiary Education and Research on strategic priorities in the next financial year for the performance of their duty in section 8 and the exercise of their power in section 9.
In this section, “financial year means a period of 12 months ending on 31 March.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There shall be paid out of money provided by Parliament— and any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
any expenses incurred by the Secretary of State for the purposes of this Act; and
any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided;
Where it appears to the Secretary of State or an industrial training board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982 that any person would have been entitled, by reference to an injury or disease developed by him or another person in consequence of attendance at a course provided or approved by or on behalf of the Secretary of State or by the board or in consequence of the use of facilities so provided or approved, to receive any benefit or increase in benefit in pursuance of Parts 2 to 4 of the Social Security Contributions and Benefits Act 1992 but for the fact that he or the other person was not at a relevant time an employed earner, the Secretary of State or the board may make to him payments equal to the whole or part of the benefit or increase in question; . . .
It shall be the duty of the Secretary of State in exercising any power to select disabled persons for courses of training and other courses or any power to submit for engagements the names of disabled persons . . . , to give preference, so far as he . . . considers it consistent with the efficient exercise of that power, to persons of the classes specified in section 16 of the Disabled Persons (Employment) Act 1944 (which specifies the classes of ex-service men and women to whom preference is to be given in pursuance of that section); and in this subsection “disabled person”has the same meaning as in the Equality Act 2010.
It shall be the duty . . . of each local authority or (in Scotland) education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to the exercise by him of any power under this Act to make payments to any persons; and any information falling to be furnished in pursuance of this subsection shall be furnished in such form and at such times as the Secretary of State may direct.
It shall be the duty of each local authority or (in Scotland) education authority and the Commission to furnish the Secretary of State with such information in its possession as the Secretary of State may require as being information required in connection with the determination of questions relating to contributions or benefit under the Social Security Contributions and Benefits Act 1992 and any information falling to be furnished in pursuance of this subsection shall be furnished in such a form and at such times as the Secretary of State may direct.
of the Commission and of each local education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to contributions or benefit under the National Insurance Acts 1965 to 1972 or benefit under the National Insurance (Industrial Injuries) Act 1965 or the Industrial Injuries and Diseases (Old Cases) Act 1967 ;
of the Commission and of each local education authority to furnish the Supplementary Benefits Commission with such information in its possession as the Secretary of State may specify as being information required by the latter Commission in connection with the determination of questions relating to benefit within the meaning of the Ministry of Social Security Act 1966;
subject to the following subsection, of each local education authority to comply with any directions of the Secretary of State requiring it—
to issue, to persons under the age of eighteen who apply for them, such documents relating to the contributions aforesaid as may be specified in the directions, and
to furnish the Secretary of State with such information as may be so specified with respect to persons to whom documents are issued in pursuance of the directions;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State or an industrial training board may make to any person payments by way of travelling and subsistence allowances and compensation for loss of remunerative time which , in the case of payments by such a board, are approved by the Secretary of State and which the Secretary of State or board considers are appropriate in connection with the person’s attendance at any examination connected with a claim for payments from the Secretary of State or board in pursuance of subsection (3) of the preceding section; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Act, apart from Schedule 2, the following expressions have the following meanings— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980; “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; “facilities” includes services; “functions” includes powers and duties; “local authority” has the meaning given by section 579(1) of the Education Act 1996; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “training” includes any education with a view to employment, and cognate expressions shall be construed accordingly; and “university”, in relation to Scotland, includes a central institution and a college of education as defined in section 145 of the Education (Scotland) Act 1962.
" local education authority ", in relation to Scotland, means an education authority as defined in section 145(16) of the Education (Scotland) Act 1962;
" modifications " includes additions, omissions and amendments ;
" employment ", except in section 7 and Schedule 1, 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 ;
“relevant information” means information obtained under the said Act of 1947;
Any reference in this Act to redundancy shall be construed as a reference to the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965.
A reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment.
The powers conferred on the Secretary of State by this Act are in addition to and not in substitution for any powers exercisable by him apart from this Act.
Any power to make an order which is conferred on the Secretary of State by this Act apart from Schedule 2 shall be exercisable by statutory instrument, and an order made in the exercise of such a power—
may include such supplemental and incidental provisions as the Secretary of State considers appropriate for the purposes of the order;
may, except in the case of an order made by virtue of section 8(6) or 12(3) of this Act, be varied or revoked by a subsequent order so made, so however that an order appointing a day shall not be varied or revoked by virtue of this subsection on or after that day.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The enactments mentioned in Schedule 3 to this Act shall have effect subject to the provisions of that Schedule; . . .
The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule; but nothing in this subsection affects the application of hte Industrial Training Act 1964 to the Agricultural Training Board.
This Act may be cited as the Employment and Training Act 1973.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
different days may be appointed in pursuance of this subsection for the purposes of different provisions of this Act or for different purposes of the same provision of this Act; and
any such order may contain such transitional provisions as the Secretary of State considers appropriate in connection with the order.
This Act.. does not extend to Northern Ireland.
Subject to paragraphs 2 to 4 of this Schedule, a person shall hold and vacate office as a member or the chairman or a deputy chairman in accordance with the terms of the instrument appointing him to that office.
A person may at any time resign his office as a member or the chairman or a deputy chairman by giving to the Secretary of State a notice in writing signed by that person and stating that he resigns that office.
If a member becomes or ceases to be the chairman or a deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office as a member. If the chairman or a deputy chairman ceases to be a member he shall cease to be the chairman or a deputy chairman, as the case may be.
If the Secretary of State is satisfied that a member— the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant. In the application of the preceding sub-paragraph to Scotland for the references in paragraph (b) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract.
The Commission may pay to each member such remuneration and allowances as the Secretary of State may determine.
The Commission may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine.
Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission may make to him a payment of such amount as the Secretary of State may determine.
The quorum of the Commission and the arrangements relating to meetings of the Commission shall be such as the Commission may determine.
The validity of any proceedings of the Commission shall not be affected by any vacancy among the members or by any defect in the appointment of a member.
Subject to the following paragraph, the Commission may appoint such officers and servants as it may determine with the consent of the Secretary of State as to numbers and terms of employment ; and any reference in this Act to an employee of the Commission is a reference to a person appointed in pursuance of this sub-paragraph. Different numbers and terms of employment may be determined in pursuance of the preceding sub-paragraph in relation to employees or proposed employees of different categories.
It shall be the duty of the Commission to make, before such date as the Secretary of State may determine, an offer of employment by the Commission to each person who is employed by the Secretary of State and whose name is notified to the Commission by the Secretary of State in pursuance of this sub-paragraph ; and the terms of the offer must be such that in the opinion of the Secretary of State they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed by the Secretary of State on the date on which the offer is made. An offer made in pursuance of the preceding sub-paragraph shall not be revocable during the period of three months beginning with the date on which the offer is made.
It shall be the duty of the Commission, except so far as it is satisfied that adequate machinery exists for achieving the purpose of this paragraph, to seek consultation with any organisation appearing to the Commission to be appropriate with a view to the conclusion between the Commission and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—
the settlement by negotiation of terms and conditions of employment of employees of the Commission, with pro vision for reference to arbitration in default of such a settlement in such cases as may be determined by or under the agreement; and
the promotion and encouragement of measures affecting the safety, health and welfare of employees of the Commission and the discussion of other matters of mutual interest to the Commission and its employees, including efficiency in the performance of the Commission's functions.
The Commission may authorise any member or employee of the Commission and, with the consent of the Secretary of State, any other person to perform on behalf of the Commission such of the Commission's functions (including the function conferred on the Commission by this paragraph) as are specified in the authorisation.
It shall be the duty of the Commission— The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.
It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this paragraph.
For the purposes of section 2 of the Official Secrets Act 1911 (which among other things relates to the wrongful communication of information) a member and an employee of the Commission shall be deemed to hold an office under Her Majesty.
The Secretary of State shall not make a determination or give his consent in pursuance of paragraph 5, 6, 7 or 10(1) of this Schedule except with the approval of the Minister for the Civil Service.
The fixing of the common seal of the Commission shall be authenticated by the signature of the secretary of the Commission or some other person authorised by the Commission to act for that purpose.
A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
In the preceding provisions of this Schedule—
"accounting year" means the period of twelve months ending with 31st March in any year except that the first accounting year of the Commission shall, if the Secretary of State so directs, be such period shorter or longer than twelve months (but not longer than two years) as is specified in the direction; and
" the chairman ", " a deputy chairman " and " a member " mean respectively the chairman, a deputy chairman and a member of the Commission.
The preceding provisions of this Schedule shall have effect in relation to each of the Agencies as if— It shall be the duty of the Commission to include in or send with the copies of the statement sent by it as required by paragraph 14(l)(c) of this Schedule copies of the statement sent to it by each of the Agencies in pursuance of the said paragraph 14(1)(c) as adapted by the preceding sub-paragraph. The terms of an instrument appointing a person to be a member of either of the Agencies shall be such as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.
Subject to any modifications made by the following paragraphs of this Part of this Schedule in any of the following provisions of the Act, in sections 1(4), 2(5) and (6), 4(2), 5(1), (2) and (5), 7(2) and 8(3) of the Act a reference to the Commission shall be substituted for any reference to the Secretary of State.
In section 1(1) of the Act after the word "may" there shall be inserted the words " , if the Manpower Services Commission submits to him proposals that he should do so, ". In subsection (2) of section 1 of the Act, after the word "Act" there shall be inserted the following definitions— and for so much of the said subsection (2) as begins with the word " and " in the definition of " the industry " there shall be substituted the following definitions— In section 1(4) of the Act, for the words "Before making" there shall be substituted the words " Before the Commission submits to the Minister proposals for the making of ".
In section 2(1) of the Act— For subsection (3) of section 2 of the Act there shall be substituted the following subsection— , to persons who make studies for the purpose of providing such courses or facilities and to persons who maintain arrangements to provide such courses or facilities which are not for the time being in use " and at the end of the said section 2(4) there shall be inserted the following paragraph—
In section 3(1) of the Act for the words " the proposals " there shall be substituted the words " proposals submitted to and approved by the Commission under section 7 of this Act " and after the words " section 2 " there shall be inserted the words " or 4B(4) ". In section 3(2) of the Act, for the words from " allowances " onwards there shall be substituted the words " 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 ". After subsection (2) of section 3 of the Act there shall be inserted the following subsection—
For subsection (1) of section 4 of the Act there shall be substituted the following subsection— In section 4(2) of the Act, after the words " to proposals" there shall be inserted the words " in respect of a levy which have been ". In section 4 of the Act, after subsection (2) there shall be inserted the following subsection— In section 4(3) of the Act, before the word " contain " there shall be inserted the words " provide for payments by way of levy to accrue due from day to day over a period specified in the order and may " and before the word " become " there shall be inserted the words " (whether or not any period over which that amount accrues due has expired) ". At the end of section 4(4) of the Act there shall be inserted the words " unless the instrument contains only an order which includes a statement that it is made in a case falling within subsection (2A)(d)(ii) of this section, and no levy order which includes such a statement shall be made unless a draft of the order has been approved by a resolution of each House of Parliament ".
After section 4 of the Act there shall be inserted the following sections—
In section 5(1) of the Act for the word " Treasury " there shall be substituted the word " Minister ". In section 5 of the Act after subsection (1) there shall be inserted the following subsection—
At the end of section 6(3) of the Act there shall be inserted the words " or to the Commission, the Employment Service Agency, the Training Services Agency or an officer of the Commission or either Agency ". In section 6(7)(b) of the Act for the words " either of those subsections " there shall be substituted the words " that subsection ".
After section 6 of the Act there shall be inserted the following section—
For subsection (1) of section 7 of the Act there shall be substituted the following subsection— After subsection (1) of section 7 of the Act there shall be inserted the following subsections— In section 7(2) of the Act for the words from " the proposals submitted " to " unsatisfactory he" there shall be substituted the words " it appears to the Minister, after he has considered a report made to him by the Commission on the proposals submitted in pursuance of the direction, that the proposals are unsatisfactory he ".
In section 8(1) of the Act for the words "Minister may, with the approval of" there shall be substituted the words " Commission may, with the approval of the Minister and ". At the beginning of section 8(4) of the Act there shall be inserted the words " The Commission shall send a copy of every such report to the Minister and ".
In section 9(1) of the Act after the word " may " there shall be inserted the words " on the recommendation of the Commission ". In section 9(2) of the Act for the words from the beginning to " Minister" there shall be substituted the words " Before recommending the making of an order under subsection (1)(a) of this section the Commission shall consult the industrial training board and such organisations or associations appearing to the Commission to be representative— and before recommending the making of an order under subsection (1)(b) of this section the Commission ". In section 9(3) of the Act after the word " industry " there shall be inserted the words " (whether or not they are holders of exemption certificates) " and after the word " raising" there shall be inserted the words " the whole or part of ".
After section 9 of the Act there shall be inserted the following section—
In section 10 of the Act after the word " board" in subsection (1) and in each place where it occurs in subsection (3) there shall be inserted the words " the Commission or the Minister ".
In section 12 of the Act after subsection (2A) there shall be inserted the following subsection—
In section 14(1) of the Act for the words from the beginning to " carried on " there shall be substituted the words " An industrial training board may, with the consent of the Commission given with the approval of the Minister, exercise such functions in connection with training for employment " and at the end of section 14(1) there shall be inserted the words " ; and -the board may enter into agreements for the making of payments to the board in respect of the exercise in pursuance of this subsection of functions by the board. "
In the Schedule to the Act—
at the end of paragraph 4 there shall be inserted the words " and may make such arrangements for the payment of pensions, superannuation allowances and gratuities to or in respect of its chairman as the Minister may specify with the like approval ";
after paragraph 4 there shall be inserted the following paragraph—;
in paragraph 6(1) after the word " specify " there shall be inserted the words " and the Commission ";
The Commission may appoint one or more persons to attend the meetings of a committee of an industrial training board, and a person so appointed shall be entitled to take part in the proceedings of the committee and receive copies of all documents distributed to its members but shall have no vote.;
at the end of paragraph 10 there shall be inserted the words " with the approval of the Minister given with the consent of the Minister for the Civil Service "; and
in paragraph 11 for the words "as the board may determine " there shall be substituted the words " (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service ".
The following provisions of the Act shall cease to have effect, namely—
section 2(1)(f);
in section 3(1), the words from ", in accordance " to " section 7 of this Act," ;
in section 5, in subsection (1) the words "out of moneys provided by Parliament", subsection (3) and in subsection (4) the words from " and any " onwards ;
in section 6, subsection (1), in subsection (2) the words from " and any " to " board " in the second place where it occurs and in subsections (6) and (7)(a) the words " subsection (1) or";
sections 11, 13 and 17 ;
in the Schedule, paragraph 6(2).
The following provisions of the Act shall cease to have effect, namely—
in section 1, subsections (1) and (4) to (6) ;
section 2(5) and (6);
in section 3(1) the words from ", in accordance " to " 7 of this Act," and from ", to such extent" to " the proposals," ;
sections 4, 5(2) to (4), 6 and 7 ;
in section 9, in subsection (3) the words from "and may" onwards, and subsection (4);
sections 11 to 13, 14(3) and 17 ; and
in the Schedule, paragraphs 5, 6(2) and 12.
In section 1(2) of the Act after the word "Act" there shall be inserted the words— and for the definition " the Minister " there shall be substituted the words—
In section 2(1) of the Act for paragraph (f) there shall be substituted the following paragraph— and after paragraph (g) there shall be inserted the following paragraphs— In section 2(3) of the Act after the word " provide " there shall be inserted the words " advice for the other board and ". At the end of section 2(4) of the Act there shall be inserted the following paragraph—
After section 2 of the Act there shall be inserted the following sections—
In section 3(1) of the Act after the words " section 2 " there shall be inserted the words " or by virtue of section 2A ". In section 3(2) of the Act for the words from " allowances " onwards there shall be substituted the words " 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 ". After subsection (2) of section 3 of the Act there shall be inserted the following subsection—
In section 5(1) of the Act for the word " Minister " there shall be substituted the words " Minister of Agriculture, Fisheries and Food ".
At the end of section 9(1) of the Act there shall be inserted the words " 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 ".
In section 14(1) of the Act for the words from the beginning to "carried on" there shall be substituted the words " An industrial training board may, with the consent of the Minister, exercise such functions in connection with training for employment ".
In the Schedule to the Act—
at the end of paragraph 4 there shall be inserted the words " and may make such arrangements for the payment of pensions, superannuation allowances and gratuities to or in respect of its chairman as the Minister may specify with the like approval ";
after paragraph 4 there shall be inserted the following paragraph—
in paragraph 6(1), after the word " specify " there shall be inserted the words " and the Manpower Services Commission ";
at the end of paragraph 10 there shall be inserted the words " with the approval of the Minister given with the consent of the Minister for the Civil Service "; and
in paragraph 11, for the words "as the board may determine " there shall be substituted the words " (including allowances for loss of remunerative time) as the Minister may determine with the approval of the Minister for the Civil Service ".
Section 14(1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 29(4)(c) of the National Assistance Act 1948 (which relates to the provision by local authorities of workshops and hostels for persons for whom work or training is provided in pursuance of the Disabled Persons (Employment) Act 1944), after the word “1944”, there shall be inserted the words “or the Employment and Training Act 1973”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 119A(2) of the Factories Act 1961 , for paragraph (a) (which contains a definition for the purposes of that section of “the local careers office”), there shall be substituted the following paragraph—
“ the local careers office ” means the premises from which, under arrangements made in pursuance of subsection (1), (4) or (5) of section 8 of the Employment and Training Act 1973, the facilities provided in pursuance of the said subsection (1) are made available in the area (as determined in pursuance of the arrangements) in which the factory is situated ; and.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (2) of that section (which relates to the membership of any of the bodies constituted under section 8(1) of the Employment and Training Act 1948), for the words from “to be members” to “respectively)” there shall be substituted the words “in pursuance of section 5(2)(a) of the Employment and Training Act 1973 to advise the Secretary of State with respect to the performance of the functions conferred on him by virtue of section 10(1) of that Act”, and the words “the body in question” shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14(2). Chapter Short title Extent of repeal 25 & 26 Geo. 5. c. 8. The Unemployment Insurance Act 1935. Section 80 . 7 & 8 Geo. 6. c. 10. The Disabled Persons (Employment) Act 1944. Sections 2 to 5. In section 16 the words “vocational training and industrial rehabilitation courses and” and the words from “and in selecting” to “engagements”. 11 & 12 Geo. 6. c. 46. The Employment and Training Act 1948. The whole Act. 12, 13 & 14 Geo. 6. c. 37. The Agriculture (Miscellaneous Provisions) Act 1949. Section 8(5). 1963 c. 33. The London Government Act 1963. Section 34. 1964 c. 16. The Industrial Training Act 1964. Section 2(1)(f). In section 3(1) the words from “, in accordance” to “section 7 of this Act,”. In section 5, in subsection (1) the words “out of moneys provided by Parliament”, subsection (3), and in subsection (4) the words from “and any” onwards. In section 6, subsection (1), in subsection (2) the words from “and any” to “board”, in the second place where it occurs, and in subsections (6) and (7)(a) the words “subsection (1) or”. Sections 11, 13 and 17. In the Schedule, paragraph 6(2). 1965 c. 51. The National Insurance Act 1965. Sections 81(7) and 83(1)(b)(iv). In section 114(1), the definition of “employment exchange”. 1965 c. 52. The National Insurance (Industrial Injuries) Act 1965. Sections 25(2)(c) and 72. 1967 c. 80. The Criminal Justice Act 1967. In Schedule 3 the entry relating to the Employment and Training Act 1948. 1970 c. 40. The Agriculture Act 1970. Section 104. 1970 c. 44. The Chronically Sick and Disabled Persons Act 1970. In section 13(2) the words “the body in question”. 1972 c. 5. The Local Employment Act 1972. Section 6. 1972 c. 28. The Employment Medical Advisory Service Act 1972. Section 5(2). 1972 c. 70. The Local Government Act 1972. Section 209.
The functions of a local authority or education authority shall include power to enter into agreements for the supply of goods or services authorised by this section with any person (other than an authority) who provides, or arranges for the provision of, relevant services and is a person with whom this section authorises such arrangements to be made.
This section authorises the making of such arrangements with any person—
who, under arrangements (or joint arrangements) made with that person under section 10(1) or (3) of this Act provides, or arranges for the provision of, the services;
who provides the services jointly with an authority under section 10(3) of this Act;
who is the means by which, under section 10(8), an authority provides, or arranges for the provision of, the services.
Subject to subsections (4), (5) and (6) below, this section authorises— and the authority may purchase and store any goods which in their opinion they may require for the purposes of paragraph (a) above.
the supply by the authority to the person of any goods;
the provision by the authority for the person of any administrative, professional or technical services;
the use by the person of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the person of the services of any person employed in connection with the vehicle or other property in question;
the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the person is responsible;
The supply by an authority of goods or services to any person is authorised by this section only for the purpose of the provision by that person of relevant services.
The supply by an authority of goods or services to any person is authorised by this section only during the period of two years beginning with the day on which that person first provides relevant services in the area of that authority.
Goods and services shall be supplied on such terms as can reasonably be expected to secure that the full cost of making the supply is recovered by the authority.
The supply by an authority of goods or services to any person is authorised outside as well as within the area of that authority.
This section is without prejudice to the generality of any other enactment conferring functions on local education authorities or education authorities.
In this section—
“ goods ” includes materials; and
“ relevant services ” has the meaning given in section 8(2) of this Act.
Her Majesty's Chief Inspector of Education, Children's Services and Skills—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall, when requested to do so by the Secretary of State, inspect and report on the provision of services in England in pursuance of section 8 or 9 by any person or institution, and
may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
A request under subsection (1)(c)—
may be general or in relation to specific matters,
may relate to a specific person or institution providing services, or to a specific class of person or institution, and
may relate to a specific area.
An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—
section 10(1)(a) and (d) (right of access), and
section 58 (computer records).
Section 11 of the Education Act 2005 (publication of reports) shall apply.
A person who wilfully obstructs a person in carrying out or participating in the inspection—
shall be guilty of an offence, and
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.