Industrial Relations Act 1946

Employers not to receive premiums from apprentices or learners.

48

48. (1) ( a) Where a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) is an apprentice or a learner, it shall not be lawful for his employer to receive directly or indirectly from him, or on his behalf or on his account, any payment by way of premium.

( b) Nothing in paragraph ( a) of this subsection shall apply to any such payment as is referred to therein duly made in pursuance of any instrument of apprenticeship approved for the purpose of this subsection by a joint labour committee.

(2) If any employer receives any payment by way of premium in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and the court by which he is convicted may, in addition to the fine, order him to pay to the worker or other person by whom the payment was made the sum received by way of premium.

Annotations:

Modifications (not altering text):

C37

Amount of fines in subs. (2) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. no. 10, commenced on enactment.

Increase of fines.

4.—(1) A person convicted of an offence for which a penalty is provided in any enactment indicated in the First Schedule to this Act at any reference number shall, in lieu of the fine provided in that enactment, be liable to the fine specified in column (3) of that Schedule at that reference number, and that enactment shall be construed and have effect accordingly.

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First Schedule

Increase of Fines

Section 4 .

Ref No.

Section

Fine

(1)

(2)

(3)

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INDUSTRIAL RELATIONS ACT, 1946

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10

48(2)

£750.

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C38

Application of section restricted (7.03.1967) by Industrial Training Act 1967 (5/1967), s. 40(1), commenced on enactment.

Restriction of section 48 of Industrial Relations Act, 1946, and on certain agreements and orders under that Act.

40.—(1) Section 48 of the Act shall, as respects a person to whom rules under paragraph ( f) of subsection (1) of section 27 of this Act for the time being apply, cease to have effect.

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