Industrial Training Act 1967

Number 5 of 1967

INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 14 December 2023

This Revised Act is an administrative consolidation of the Industrial Training Act 1967. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Health Insurance (Amendment) Act 2023 (36/2023), enacted 14 December 2023, and all statutory instruments up to and including the Industrial Training (Beauty Therapy Industry) Order 2024 (S.I. No. 56 of 2024), made 14 December 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 5 of 1967


INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 14 December 2023


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day.

4.

Application in relation to employment by the State.

5.

Rules (prescribed matters).

6.

Expenses of Minister.

7.

Repeals.

PART II

An Chomhairle Oiliúna

8.

Establishment of An Chomhairle Oiliúna. (Repealed)

9.

Functions of An Chomhairle. (Repealed)

10.

Chairman’s superannuation scheme. (Repealed)

11.

Chief Officer. (Repealed)

12.

Officers and servants (other than Chief Officer) of An Chomhairle. (Repealed)

13.

Superannuation of officers and servants of An Chomhairle. (Repealed)

14.

Accounts and Audits. (Repealed)

15.

Annual Report, etc. (Repealed)

16.

Grants to, and investment of moneys by, An Chomhairle. (Repealed)

17.

Power of An Chomhairle to borrow temporarily. (Repealed)

18.

Gifts. (Repealed)

PART III

Industrial Training

Chapter I

Grants, Loans and Levies

19.

Grants and loans for provision of certain courses and facilities.

20.

Grants for training of workers in certain undertakings.

21.

Levies. (Repealed)

22.

Appeal tribunals.

Chapter II

Designated Industrial Activities

23.

Designated industrial activities.

24.

Industrial training committees. (Repealed)

25.

Joint industrial training committees. (Repealed)

26.

Power to obtain information from employers.

Chapter III

Apprenticeship

27.

Apprentice.

28.

Certain persons may be declared to be apprentices for the purposes of Act.

29.

Notice of intention to make rules.

30.

Publication of notice of making of rules.

31.

Taking of persons into employment by way of apprenticeship.

32.

Education of apprentices.

33.

Register of persons employed as apprentices.

34.

Notifications.

35.

Interference with employers.

36.

Arrangements in case of trade dispute.

Chapter IV

Miscellaneous

37.

Advisory committees.

38.

Fees payable to An Chomhairle.

39.

Power to exempt employers in certain cases.

40.

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

PART IV

Miscellaneous

41.

Power to ensure the provision, as respects activity of industry, of trained persons.

42.

Powers of authorised officers.

43.

Certificates of authorised officers.

44.

Posting of copies or abstracts of rules.

45.

Offences and penalties.

46.

Prosecution of offences.

47.

Proof of orders, rules and regulations.

48.

Service and signing of notices.

49.

Transitional provisions.

FIRST SCHEDULE (Repealed)

SECOND SCHEDULE (Repealed)



Number 5 of 1967


INDUSTRIAL TRAINING ACT 1967

REVISED

Updated to 14 December 2023


AN ACT TO MAKE BETTER PROVISION FOR INDUSTRIAL AND COMMERCIAL TRAINING AND FOR THAT PURPOSE TO ESTABLISH A BODY TO BE KNOWN AS AN CHOMHAIRLE OILIÚNA AND TO DEFINE ITS POWERS AND DUTIES, TO PROVIDE FOR THE IMPOSITION BY AN CHOMHAIRLE OILIÚNA OF LEVIES FOR THE PROMOTION OF INDUSTRIAL AND COMMERCIAL TRAINING, TO REPEAL THE APPRENTICESHIP ACT, 1959, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7th March, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

C1

Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education and Skills -

(a) by or under the Acts specified in Part 1 of the Schedule, and

...

are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

SCHEDULE

Article 3

Part 1

...

Industrial Training Act 1967 (No. 5 of 1967)

...

C2

Application of Act restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 5(b), S.I. No. 96 of 2000.

Non-application of Act.

5.—This Act does not apply to the remuneration of a person who is— ...

(b) an apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

C3

Instruments made under Act carried forward and validity of certain actions unaffected (18.07.1987) by Labour Services Act 1987 (15/1987), s. 21, commenced on enactment.

Saving for certain orders, regulations rules, exemptions, committees, etc.

21.—(1) Nothing in this Act shall affect the validity of any order, regulation, rule, exemption, approval or notice made, given or served, or any committee established, declared or appointed, by An Chomhairle under the Act of 1967 before the establishment day and every such order, regulation, rule, exemption, approval, notice and committee shall, if and in so far as it was operative or in existence, as the case may be, immediately before the establishment day, continue in force or continue in existence, as the case may be, and have effect on and after that day as if it had been validly made, given or served or established, declared or appointed under the Act of 1967 by An Foras.

(2) Nothing in this Act shall affect the validity of any act which was done before the establishment day by or on behalf of the Minister in connection with or for the purposes of the Manpower Service or by or on behalf of An Chomhairle or the Agency and every such act shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of An Foras.

Editorial Notes:

E1

Previous affecting provision: functions transferred to Department of and Minister for Education and Science and references to “Department of Enterprise, Trade and Employment ” and “Minister for Enterprise, Trade and Employment ” construed (1.05.2010) by Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010), arts. 2 and 3, subject to transitional provisions in arts. 4-8; superseded as per C-note above.

E2

Previous affecting provision: Act included in collective citation (25.03.1994) by Industrial Training (Apprenticeship Levy) Act 1994 (3/1994) s. 17(3), S.I. No. 61 of 1994; repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

E3

Previous affecting provision: functions transferred to Department of and Minister for Industry and Commerce and references to “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, subject to transitional provisions in arts. 5-9; superseded as per E-note above.