Industrial Training Act 1967

Appeal tribunals.

22

22. (1) The Minister shall make regulations providing for the establishment of a tribunal or tribunals to determine appeals by employers assessed to any levy imposed under this Act and such regulations may include—

( a) provision as to the procedure to be followed on such an appeal;

( b) provision for summoning persons to attend and give evidence and produce documents; and

( c) provision for authorising the administration of oaths to witnesses.

(2) If, on an appeal, the appellant satisfies a tribunal established in accordance with regulations under this section that he ought not to have been assessed to the levy or ought to have been assessed in a smaller amount, the tribunal shall rescind, or as the case may be, reduce the assessment, but in any other case shall confirm it, and any decision of the tribunal shall be final.

(3) A person who is a member of a tribunal established in accordance with regulations under this section shall be paid, out of moneys provided by the Oireachtas, such fee for attendance at meetings of the tribunal and such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, determines.

(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations:

Modifications (not altering text):

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 5 of 1967

Industrial Training Act 1967

Sections 19, 20, 22 and 37(2) and (3)

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Editorial Notes:

E194

Previous affecting provision: application of section extended with transitional provisions (25.03.1994) by Industrial Training (Apprenticeship Levy) Act 1994 (3/1994), s. 13, S.I. No. 61 of 1994. Act repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

E195

Power pursuant to section exercised to establish appeal tribunal (17.07.1970) by Industrial Training Levy (Appeal Tribunal) Regulations 1970 (S.I. No. 166 of 1970), reg. 3.