LABOUR SERVICES ACT 1987

Functions of An Foras.

4

4.— (1) The principal functions of An Foras shall be—

( a) to provide, or arrange for, encourage and foster the provision of, training and re-training for employment and to assist (whether financially or otherwise) in, and co-ordinate, the provision of such training by others,

( b) F2 [ ]

( c) F2 [ ]

( d) F2 [ ]

( e) F2 [ ]

( f) F2 [ ]

( g) F2 [ ]

( h) to collect, collate, prepare, publish and distribute from time to time information (including statistics and forecasts and extrapolations of trends and developments) in relation to services or activities provided or carried on by or on behalf of An Foras and such other matters respecting its functions as the Minister may specify and to publish and distribute analyses of the information aforesaid prepared by or on behalf of An Foras,

( i) to furnish, whenever it so thinks fit or is so requested by the Minister, advice to the Minister in relation to any matter connected with the functions or activities of, or the services provided by, An Foras, and

( j) to carry out, or arrange for the carrying out, of research into any matter related to the functions or activities of, or the services provided by, An Foras.

F3 [ (2) Subject to the F4 [ Qualifications and Quality Assurance (Education and Training) Act 2012 ] , An Foras shall also have and enjoy all those functions that were vested in An Chomhairle, the Agency and the Manpower Service immediately before the establishment day and are not specified in subsection (1). ]

(3) An Foras shall have all such powers as are necessary or expedient for the performance of its functions.

(4) An Foras may, in respect of persons who are ordinarily resident in the State and who avail of or participate in the services or activities provided or carried on by An Foras in the State—

( a) provide, or arrange for the provision of, outside the State any of the services that it is authorised by this section or under section 5 to provide, or arrange for the provision of, in the State, and

( b) carry on, or arrange for the carrying on of, outside the State any of the activities that it is authorised by this section or under section 5 to carry on in the State.

(5) An Foras may, with the consent of the Minister, provide in the State any of its services, or carry on in the State any of its activities, for the benefit of persons who are not ordinarily resident in the State.

(6) ( a) An Foras may, with the consent of the Minister and the Minister for Finance, outside the State—

(i) perform any of the functions, provide any of the services or carry on any of the activities that it is authorised by this Act to perform, provide or carry on in the State, and

(ii) provide advisory and consultancy services in relation to—

(I) the performance of functions outside the State by other persons,

(II) the provision of services outside the State by other persons, or

(III) the carrying on of activities outside the State by other persons,

being functions, services and activities similar to those that An Foras is authorised by this Act to perform, provide and carry on in the State.

( b) Functions, services and activities specified in paragraph (a) shall be performed, provided and carried on through one subsidiary (within the meaning of the Companies Act, 1963) that is wholly owned by An Foras and, accordingly, An Foras may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, provision and carrying on, acquire or form and register one, but not more than one, subsidiary (within the meaning aforesaid).

( c) The memorandum and articles of association of the subsidiary shall be in such form as may be determined by An Foras with the consent of the Minister and the Minister for Finance.

( d) The Minister may give a direction in writing to An Foras on any matter relating to the subsidiary or the policies, programmes or activities of the subsidiary and An Foras shall comply or, as may be appropriate, secure compliance with the direction.

( e) A direction under this subsection in relation to the disposal of any assets or profits of the subsidiary shall not be given without the consent of the Minister for Finance.

(7) ( a) An Foras or the subsidiary, as the case may be, shall make such charges as it considers appropriate in consideration of the performance of a function, the provision of a service or the carrying on of an activity pursuant to subsection (5) or ( 6) but the charges shall not be less than the cost of the performance of the function, the provision of the service or the carrying on of the activity, as the case may be.

( b) The amount of a charge under this section may be recovered by An Foras or the subsidiary, as the case may be, from the person on whom it was made as a simple contract debt in any court of competent jurisdiction.

(8) In this section “ assist” includes advise and consult and “ assistance” shall be construed accordingly.

Annotations:

Amendments:

F2

Deleted (1.01.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 30, S.I. No. 703 of 2011, subject to transitional provision in s. 35.

F3

Substituted (26.02.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 62, S.I. No. 57 of 2001.

F4

Substituted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012), s. 86 and sch. 3 item 2, commenced on enactment.

Modifications (not altering text):

C4

Functions under subs. (6) transferred and terms “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), regs. 2, 3, 5 and sch. 1 part 2, commenced as per reg. 1(2).

...

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

...

are transferred to the Minister for Public Expenditure and Reform.

...

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.

...

Schedule 1 Enactments

...

No. 15 of 1987

Labour Services Act 1987

Sections 4(6), 10, 11(1), 12(3) and (4), 14, 19(4) and 25(2)

...

Editorial Notes:

E3

Power of Minister to advance to An Foras sums for expenditure under section provided (1.01.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 28(1), S.I. No. 581 of 2010.

E4

Power of Minister to request certain information under section and duty of An Foras to comply provided (1.01.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 29, S.I. No. 581 of 2010.

E5

Power of Minister to give directions under section and duty of An Foras to comply provided (1.01.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 30(1)-(4), S.I. No. 581 of 2010.

E6

Power pursuant to subss. (2) and (3) exercised (14.10.2009 with retrospective effect from 8.08.1969) by An Foras Áiseanna Saothair (Closed) (Amendment) Superannuation Scheme 2009 (S.I. No. 420 of 2009).

E7

Power pursuant to subss. (2) and (3) exercised (14.10.2009 with retrospective effect from 14.11.2000) by An Foras Áiseanna Saothair (Closed) (Amendment) Superannuation Scheme 2009 (S.I. No. 414 of 2009).

E8

Power pursuant to subss. (2) and (3) exercised (24.09.2008 with retrospective effect from 1.01.1988) by FÁS Spouses and Childrens Contributory Pension Scheme 2008 (S.I. No. 403 of 2008).

E9

Power pursuant to subss. (2) and (3) exercised (21.12.1998 with retrospective effect from 1.01.1988) by An Foras Áiseanna Saothair (Closed) Superannuation Scheme 1998 (S.I. No. 515 of 1998).

E10

Power pursuant to subss. (2) and (3) exercised (21.12.1998 with retrospective effect from 1.01.1988) by An Foras Áiseanna Saothair Superannuation Scheme 1998 (S.I. No. 514 of 1998).

E11

Power pursuant to subs. (2) exercised (1.05.1997) by Labour Services Act 1987 Apprenticeship Rules 1997 (S.I. No. 168 of 1997).

E12

Power pursuant to subs. (2) exercised (30.01.1997) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1997 (S.I. No. 51 of 1997).

E13

Power pursuant to subs. (2) exercised (30.01.1997) by Industrial Training (Engineering Committee) (Amendment) Order 1997 (S.I. No. 50 of 1997).

E14

Power pursuant to subs. (2) exercised (30.01.1997) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1997 (S.I. No. 49 of 1997).

E15

Power pursuant to subs. (2) exercised (30.01.1997) by Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1997 (S.I. No. 48 of 1997).

E16

Power pursuant to subs. (2) exercised (30.01.1997) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1997 (S.I. No. 47 of 1997).

E17

Power pursuant to subs. (2) exercised (30.01.1997) by Industrial Training (Construction Committee) (Amendment) Order 1997 (S.I. No. 46 of 1997).

E18

Power pursuant to subs. (2) exercised (15.06.1989) by Industrial Training (Textiles, Clothing and Footwear Committee) Order 1989 (S.I. No. 143 of 1989).

E19

Power pursuant to subs. (2) exercised (15.06.1989) by Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1989 (S.I. No. 142 of 1989).

E20

Power pursuant to subs. (2) exercised (15.06.1989) by Industrial Training (Printing and Paper Committee) (Amendment) Order 1989 (S.I. No. 140 of 1989).

E21

Power pursuant to subs. (2) exercised (15.06.1989) by Industrial Training (Construction Committee) (Amendment) Order 1989 (S.I. No. 139 of 1989).

E22

Power pursuant to subs. (2) exercised (15.06.1989) by Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1989 (S.I. No. 138 of 1989).

E23

Power pursuant to subs. (2) exercised (15.06.1989) by Industrial Training (Engineering Committee) (Amendment) Order 1989 (S.I. No. 137 of 1989).

E24

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Textiles Industry, 1999 Scheme) Order 1998 (S.I. No. 474 of 1998).

E25

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Engineering Industry, 1999 Scheme) Order 1998 (S.I. No. 473 of 1998).

E26

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Chemical and Allied Products Industry, 1999 Scheme) Order 1998 (S.I. No. 472 of 1998).

E27

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Clothing and Footwear Industry, 1999 Scheme) Order 1998 (S.I. No. 471 of 1998).

E28

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1999 for period to 31.12.1999) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1999 Scheme) Order 1998 (S.I. No. 470 of 1998).

E29

Previous affecting provision: power pursuant to subs. (2) exercised (1.05.1998 for period to 31.12.1998) by Industrial Training Levy (Chemical and Allied Products Industry, 1998 Scheme) Order 1998 (S.I. No. 127 of 1998).

E30

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Textiles Industry, 1998 Scheme) Order 1997 (S.I. No. 454 of 1997).

E31

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Engineering Industry, 1998 Scheme) Order 1997 (S.I. No. 453 of 1997).

E32

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Clothing and Footwear Industry, 1998 Scheme) Order 1997 (S.I. No. 452 of 1997).

E33

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Chemical and Allied Products Industry 1998 Scheme) Order 1997 (S.I. No. 451 of 1997).

E34

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1998 for period to 31.12.1998) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1998 Scheme) Order 1997 (S.I. No. 450 of 1997).

E35

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Textiles Industry, 1997 Scheme) Order (S.I. No. 356 of 1996).

E36

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Engineering Industry, 1997 Scheme) Order (S.I. No. 355 of 1996).

E37

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1997 Scheme) Order (S.I. No. 354 of 1996).

E38

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Chemical and Allied Products Industry, 1997 Scheme) Order (S.I. No. 353 of 1996).

E39

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1997 for period to 31.12.1997) by Industrial Training Levy (Clothing and Footwear Industry, 1997 Scheme) Order (S.I. No. 352 of 1996).

E40

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Engineering Industry, 1996) Order (S.I. No. 329 of 1995).

E41

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Chemical and Allied Products Industry, 1996) Order (S.I. No. 328 of 1995).

E42

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Food, Drink and Tobacco Industry, 1996) Order (S.I. No. 327 of 1995).

E43

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Clothing and Footwear Industry, 1996) Order (S.I. No. 326 of 1995).

E44

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1996 for period to 31.12.1996) by Industrial Training Levy (Textiles Industry, 1996) Order (S.I. No. 325 of 1995).

E45

Previous affecting provision: power pursuant to subs. (2) exercised (1.08.1995) by Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995); subsequently revoked (1.05.1997) by Labour Services Act 1987 Apprenticeship Rules 1997 (S.I. No. 168 of 1997), subject to transitional provisions.

E46

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Textiles Industry) Order 1994 (S.I. No. 358 of 1994).

E47

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Engineering Industry) Order 1994 (S.I. No. 357 of 1994).

E48

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1994 (S.I. No. 356 of 1994).

E49

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1994 (S.I. No. 355 of 1994).

E50

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1995 for period to 31.12.1995) by Industrial Training Levy (Clothing and Footwear Industry) Order 1994 (S.I. No. 354 of 1994).

E51

Previous affecting provision: power pursuant to subs. (2) exercised (1.09.1994) by Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994); subsequently revoked (1.05.1997) by Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995), subject to transitional provisions.

E52

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 367 of 1993).

E53

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 366 of 1993).

E54

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1994 for period to 31.12.1994) by Industrial Training Levy (Clothing and Footwear Industry) Order1993 (S.I. No. 365 of 1993).

E55

Previous affecting provision: power pursuant to subs. (2) exercised (1.09.1993) by Labour Services Act 1987 Apprenticeship Rules 1993 (S.I. No. 236 of 1993); subsequently revoked (1.09.1994) by Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 1(3) subject to transitional provisions.

E56

Previous affecting provision: power pursuant to subs. (2) exercised (3.05.1993 for period to 31.12.1993) by Industrial Training Levy (Printing and Paper Industry) Order 1993 (S.I. No. 118 of 1993).

E57

Previous affecting provision: power pursuant to subs. (2) exercised (3.05.1993 for period to 31.12.1993) by Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 117 of 1993).

E58

Previous affecting provision: power pursuant to subs. (2) exercised (3.05.1993 for period to 31.12.1993) by Industrial Training Levy (Construction Industry) Order 1993 (S.I. No. 116 of 1993).

E59

Previous affecting provision: power pursuant to subs. (2) exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 75 of 1993).

E60

Previous affecting provision: power pursuant to subs. (2) exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Textiles Industry) Order 1993 (S.I. No. 74 of 1993).

E61

Previous affecting provision: power pursuant to subs. (2) exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1993 (S.I. No. 73 of 1993).

E62

Previous affecting provision: power pursuant to subs. (2) exercised (1.04.1993 for period to 31.12.1993) by Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 72 of 1993).

E63

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 310 of 1990).

E64

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 309 of 1990).

E65

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Construction Industry) Order 1990 (S.I. No. 308 of 1990).

E66

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1991 for period to 31.12.1991) by Industrial Training Levy (Engineering Industry) Order 1990 (S.I. No. 307 of 1990).

E67

Previous affecting provision: power pursuant to subs. (2) exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Engineering Industry) Order 1989 (S.I. No. 249 of 1989).

E68

Previous affecting provision: power pursuant to subs. (2) exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Chemical and Allied Products Industry) Order (S.I. No. 248 of 1989).

E69

Previous affecting provision: power pursuant to subs. (2) exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Textiles Industry) Order 1989 (S.I. No. 247 of 1989).

E70

Previous affecting provision: power pursuant to subs. (2) exercised (6.10.1989 for period to 31.03.1990) by Industrial Training Levy (Printing and Paper Industry) Order 1989 (S.I. No. 246 of 1989).

E71

Previous affecting provision: power pursuant to subs. (2) exercised (6.10.1989 for period to 31.12.1989) by Industrial Training Levy (Clothing and Footwear Industry) Order 1989 (S.I. No. 245 of 1989).

E72

Previous affecting provision: power pursuant to subs. (2) exercised (21.11.1988 for period to 31.07.1989) by Industrial Training Levy (Construction Industry) Order 1988 (S.I. No. 272 of 1988).

E73

Previous affecting provision: power pursuant to subs. (2) exercised (1.10.1988 for period to 30.09.1989) by Industrial Training Levy (Food, Drink and Tobacco Industry) Order1988 (S.I. No. 194 of 1988).

E74

Previous affecting provision: power pursuant to subs. (2) exercised (1.08.1988 for period to 31.07.1989) by Industrial Training Levy (Printing and Paper Industry) Order 1988 (S.I. No. 139 of 1988).

E75

Previous affecting provision: power pursuant to ss. (2), exercised (1.04.1988 for period to 31.03.1989) by Industrial Training Levy (Chemical and Allied Products Industry) Order 1988 (S.I. No. 33 of 1988).