Labour Services Act 1987

Number 15 of 1987

LABOUR SERVICES ACT 1987 (Repealed)

REVISED

Updated to 5 June 2013

This Revised Act is an administrative consolidation of the Labour Services Act 1987. 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 Financial Emergency Measures in the Public Interest Act 2013 (18/2013), enacted 5 June 2013, and all statutory instruments up to and including Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013), made 5 June 2013, 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 15 of 1987

LABOUR SERVICES ACT 1987 (Repealed)

REVISED

Updated to 5 June 2013

ARRANGEMENT OF SECTIONS

Section
1.	Definitions.
2.	Establishment day.
3.	Establishment of An Foras Áiseanna Saothair.
4.	Functions of An Foras.
5.	Conferral of additional functions on An Foras.
6.	Director General.
6A.	Accountability of Director General of An Foras Áiseanna Saothair to Committee of Public Accounts.
6B.	Accountability of Director General of An Foras Áiseanna Saothair to other committees of Houses of Oireachtas.
7.	Staff of An Foras and subsidiary.
8.	Superannuation of staff of An Foras.
9.	Membership of either House of Oireachtas or of European Parliament by members or staff of An Foras.
9A.	Disclosure by members of An Foras of certain interests.
9B.	Disclosure by directors of subsidiary of certain interests.
9C.	Disclosure by members of staff of An Foras of certain interests.
9D.	Disclosure by members of staff of subsidiary of certain interests.
10.	Advances by Minister to An Foras.
11.	Accounts of An Foras and subsidiary and auditors.
12.	Reports and information to Minister.
13.	Disclosure of information.
13A.	Protection from civil liability of persons who report certain misconduct.
13B.	Prohibition on penalisation.
13C.	False statements.
14.	Investment of moneys by An Foras and subsidiary.
15.	Borrowing by An Foras and subsidiary.
16.	Gifts.
17.	Directions by Minister to An Foras.
18.	Dissolution of An Chomhairle, winding up and dissolution of Agency and winding up of Manpower Service.
19.	Transfer of certain property and liabilities of Minister, An Chomhairle and Agency to An Foras.
20.	Preservation of certain continuing contracts and adaptation of references to Minister, An Chomhairle and Agency in certain documents.
21.	Saving for certain orders, regulations, rules, exemptions, committees, etc.
22.	Pending legal proceedings.
23.	Completion of certain matters commenced by Minister, An Chomhairle or Agency.
24.	Amendment of section 24 of Act of 1967.
25.	Employment and Training Levy.
26.	Repeals.
27.	Exemption from stamp duty.
28.	Expenses.
29.	Short title.

SCHEDULE 1

An Foras

Part I

Membership and Procedure of An Foras

Part II

Election of An Foras Employees’ Members of An Foras

SCHEDULE 2

Redress for Contravention of Section 13B(1)

Acts Referred to
Companies Act, 1963	1963, No. 33
European Assembly Elections Act, 1977	1977, No. 30
European Assembly Elections Act, 1984	1984, No. 6
Finance Act, 1895	1895, c. 16
Holidays (Employees) Act, 1973	1973, No. 25
Industrial Training Act, 1967	1967, No. 5
Minimum Notice and Terms of Employment Acts, 1973 and 1984
Redundancy Payments Acts, 1967 to 1984
Superannuation Acts, 1834 to 1963
Unfair Dismissals Act, 1977	1977, No. 10
Youth Employment Agency Act, 1981	1981, No. 32

Number 15 of 1987

LABOUR SERVICES ACT 1987 (Repealed)

REVISED

Updated to 5 June 2013

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE PROVISION OF TRAINING AND RE-TRAINING FOR EMPLOYMENT, THE PROVISION OF WORK EXPERIENCE AND THE ESTABLISHMENT OF EMPLOYMENT SCHEMES AND JOB PLACEMENT SERVICES, FOR THOSE AND OTHER PURPOSES TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN FORAS ÁISEANNA SAOTHAIR AND TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE DISSOLUTION OF AN CHOMHAIRLE OILIÚNA AND THE YOUTH EMPLOYMENT AGENCY AND THE WINDING UP OF THE NATIONAL MANPOWER SERVICE OF THE MINISTER FOR LABOUR AND THE TRANSFER OF THEIR FUNCTIONS TO AN FORAS ÁISEANNA SAOTHAIR AND TO PROVIDE FOR CONNECTED MATTERS. [18th July, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred (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, 3, 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 Article 3 are transferred to the Department of Education and Science.

(2) References to the Department of Enterprise, Trade and Employment contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Education and Science.

3. (1) The functions vested in the Minister for Enterprise, Trade and Employment by or under— ...

...

are transferred to the Minister for Education and Science.

(2) References to the Minister for Enterprise, Trade and Employment 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 read as references to the Minister for Education and Science.

(3) The functions of the Minister for Education and Science under sections 27(3) and 32(1) of the Industrial Training Act 1967 and paragraph 2(2) (inserted by section 9 of the Labour Services (Amendment) Act 2009 ) of Part I of the Schedule to the Labour Services Act 1987 are transferred to the Minister for Enterprise, Trade and Employment.

Act included in collective citation (20.01.2010) by Labour Services (Amendment) Act 2009 (38/2009), s. 13(2), S.I. No. 12 of 2010.

Short title, collective citation, construction and commencement.

13.— ...

(2) The Labour Services Acts 1987 and 1999 and this Act may be cited together as the Labour Services Acts 1987 to 2009.

...

Act also included in collective citation (26.02.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 1(3)(d), S.I. No. 57 of 2001.

Enforcement of Act extended (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 11.

11. Prosecution of Offences

An offence under the Industrial Training Act 1967 or the Labour Services Act 1987 or this Statutory Instrument may be prosecuted by an Foras.

Editorial Notes:

Previous affecting provision: functions transferred from Minister for and Department of Labour to Minister for and Department of Industry and Commerce (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993).

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Labour Services Act 1987