Apprenticeship Act, 1959
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —This Act may be cited as the Apprenticeship Act, 1959.
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paragraphs: —(1) In this Act, save where the context otherwise requires—
“An Chomhairle” has the meaning specified in subsection (1) of section 8 of this Act;
“apprenticeship committee” means a committee established by an order under section 22 of this Act;
“apprenticeship district” means an area which is an apprenticeship district under an order under section 22 of this Act;
“authorised officer” means a person appointed by the Minister to be an authorised officer for the purposes of this Act;
“designated trade” means a trade which is for the time being declared by an order under section 21 of this Act to be a designated trade for the purposes of this Act and references to the carrying on of a designated trade and to employment by way of apprenticeship in a designated trade shall, in the case of a trade which is a designated trade in part only of the State, be construed, respectively, as referring to the carrying on of the trade and to employment by way of apprenticeship in the trade in that part of the State;
“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 3 of this Act;
“functions” includes powers and duties;
“the Minister” means the Minister for Industry and Commerce;
“prescribed” means prescribed by rules made by An Chomhairle under this Act;
“supervisor” means a person appointed under section 53 of this Act to be a supervisor for the purposes of this Act;
“trade” means any industry, occupation or business, and also includes any distinct branch of a trade, but does not include agriculture, horticulture, the making of butter, cheese or other dairy products or professional or clerical occupations.
(2) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of those powers.
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paragraphs: —The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
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paragraphs: —This Act applies where persons are employed by way of apprenticeship by or under the State.
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paragraphs: —An Chomhairle may make rules in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.
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paragraphs: —Any expenses incurred by the Minister and the Minister for Education in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —(1) The Apprenticeship Act, 1931 , is hereby repealed.
(2) Subsection (1) of this section shall come into operation on the appointed day.
(3) Between the passing of this Act and the appointed day, no order shall be made under paragraph (a) of subsection (1) of section 2 of the Apprenticeship Act, 1931 .
(4) In this section “the appointed day” means the day appointed by order made by the Minister to be the appointed day for the purposes of this section.
num: 8
paragraphs: —(1) On the establishment day there shall be established a body to be known as An Cheard-Chomhairle (in this Act referred to as An Chomhairle) to perform the functions assigned to it by this Act.
(2) An Chomhairle shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.
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paragraphs: —An Chomhairle shall consist of a chairman and thirteen ordinary members.
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paragraphs: —(1) The chairman of An Chomhairle shall be appointed by the Minister and shall, unless he sooner dies, resigns, becomes disqualified or is removed, hold office for such period as the Minister may fix at the time of his appointment.
(2) The chairman of An Chomhairle shall be known as the Director of Apprenticeship and shall be a whole-time member of An Chomhairle.
(3) The chairman of An Chomhairle may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
(4) The Minister may at any time remove the chairman of An Chomhairle from office.
(5) Where the chairman of An Chomhairle becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be the chairman of An Chomhairle.
(6) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being the chairman of An Chomhairle.
(7) The chairman of An Chomhairle shall be paid such remuneration as the Minister, with the consent of the Minister for Finance, determines.
(8) The chairman of An Chomhairle shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, determines.
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paragraphs: —(1) Of the ordinary members of An Chomhairle, five shall be workers' members, five shall be employers' members and three shall be educational members.
(2) The Minister shall, in respect of each workers' member, designate an organisation representative of trade unions of workers to nominate a person for appointment as a workers' member of An Chomhairle and the Minister shall appoint the person so nominated to be a workers' member of An Chomhairle.
(3) The Minister shall invite organisations representative of employers to nominate persons for appointment as employers' members of An Chomhairle and the Minister shall appoint five of the persons so nominated to be the employers' members of An Chomhairle.
(4) The Minister shall, after consultation with the Minister for Education, appoint three persons whom he considers to be representative of educational interests to be the educational members of An Chomhairle.
(5) Each ordinary member of An Chomhairle shall, unless he sooner dies resigns, becomes disqualified or is removed, hold office for a period of five years.
(6) An ordinary member of An Chomhairle whose term of office expires by effluxion of time shall be eligible for re-appointment.
(7) The Minister may at any time remove an ordinary member of An Chomhairle from office.
(8) An ordinary member of An Chomhairle may resign his office as member by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
(9) An ordinary member of An Chomhairle shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.
(10) Each ordinary member shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.
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paragraphs: —(1) Where a casual vacancy occurs among the workers' members of An Chomhairle, the Minister shall designate an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy and the Minister shall appoint the person so nominated to fill the vacancy.
(2) Where a casual vacancy occurs among the employers' members of An Chomhairle, the Minister shall invite organisations representative of employers to nominate persons for appointment to fill the vacancy and the Minister shall appoint a person from among the persons so nominated to fill the vacancy.
(3) Where a casual vacancy occurs among the educational members of An Chomhairle, the Minister shall, after consultation with the Minister for Education, appoint a person whom he considers to be representative of educational interests to fill the vacancy.
(4) A person appointed under this section shall hold office for the remainder of his predecessor's term.
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paragraphs: —(1) An Chomhairle shall hold such and so many meetings as may be necessary for the performance of its functions.
(2) The Minister may fix the date, time and place of the first meeting of An Chomhairle.
(3) The quorum for a meeting of An Chomhairle shall be five members (being members who are entitled to vote at the meeting).
(4) At a meeting of An Chomhairle—
(a) the chairman of An Chomhairle shall, if present, be chairman of the meeting,
(b) if and so long as the chairman of An Chomhairle is not present or if the office of chairman is vacant, the members of An Chomhairle who are present shall choose one of their number to be chairman of the meeting.
(5) The chairman of An Chomhairle and each workers' member and each employers' member of An Chomhairle at a meeting thereof shall have a vote.
(6) An educational member of An Chomhairle at a meeting thereof shall not, except where such member is chairman of the meeting, have a vote.
(7) If, at any meeting of An Chomhairle, the group of workers' members does not equal in number the group of employers' members present—
(a) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,
(b) if no such arrangement is made, the chairman of An Chomhairle or, in his absence, the person who is chairman of the meeting, may adjourn the voting on any question to another meeting of An Chomhairle.
(8) Every question at a meeting of An Chomhairle shall, subject to subsection (4) of section 57 of this Act, be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(9) An Chomhairle may act notwithstanding one or more than one vacancy among its members.
(10) Subject to the provisions of this Act, An Chomhairle shall regulate, by standing orders or otherwise, the procedure and business of An Chomhairle.
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paragraphs: —(1) The Minister, with the consent of the Minister for Finance, may appoint such officers and servants as he thinks necessary to assist An Chomhairle in the performance of its functions,
(2) The officers and servants so appointed shall hold office on such terms and receive such remuneration as the Minister for Finance determines.
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paragraphs: —(1) Service by a person in the office of chairman of An Chomhairle, excluding any service rendered by him after the expiry of three months from the date on which he reaches the age of sixty-five years, shall be deemed for the purposes of the Superannuation Acts, 1834 to 1956, to be established service in the civil service, and the Superannuation Act, 1956 , shall apply to or in respect of the chairman of An Chomhairle in like manner as that Act applies to or in respect of an established civil servant.
(2) The provisions of subsection (1) of section 6 of the Superannuation Act, 1909 , shall apply to a person who was appointed chairman of An Chomhairle and who ceases to be chairman by operation of law or by reason of his removal from office, other than for stated misconduct or incapacity, or the expiration of his period of office.
(3) (a) Section 67 of the Local Government (Superannuation) Act, 1956 , shall have effect in relation to a pensionable officer of a local authority who is appointed chairman of An Chomhairle in like manner as if he were appointed to an established position in the civil service.
(b) In paragraph (a) of this subsection “pensionable officer of a local authority” has the meaning assigned to that expression by section 2 of the Local Government (Superannuation) Act, 1956 .
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paragraphs: —(1) An Chomhairle shall, as soon as may be after its establishment, provide itself with a seal.
(2) The seal of An Chomhairle shall be authenticated by the signature of the chairman of An Chomhairle or some other member thereof authorised by An Chomhairle to act in that behalf and the signature of an officer of An Chomhairle authorised by An Chomhairle to act in that behalf.
(3) Judicial notice shall be taken of the seal of An Chomhairle, and every document purporting to be an instrument made by An Chomhairle and to be sealed with the seal (purporting to be authenticated in accordance with this section) of An Chomhairle shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.
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paragraphs: —(1) An Chomhairle shall keep, in such form as may be approved by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.
(2) Accounts kept in pursuance of this section shall be submitted annually by An Chomhairle to the Comptroller and Auditor General for audit at such times as the Minister, with the concurrence of the Minister for Finance, directs.
(3) Immediately after audit under this section of the accounts of An Chomhairle, an abstract of the accounts, certified by the Comptroller and Auditor General, and a copy of the Comptroller and Auditor General's report shall be presented to the Minister.
(4) The Minister shall cause copies of the documents referred to in subsection (3) of this section to be laid before each House of the Oireachtas.
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paragraphs: —An Chomhairle shall, in each year, at such date as the Minister may direct, make a report to the Minister of its proceedings under this Act during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
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paragraphs: —In each financial year there may be paid to An Chomhairle, out of moneys provided by the Oireachtas, a grant of such amount as the Minister, with the concurrence of the Minister for Finance, may sanction towards the expenses of An Chomhairle in the performance of its functions.
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paragraphs: —(1) An Chomhairle may carry out an examination of the methods used in any trade for the recruitment and training of apprentices.
(2) When carrying out an examination of the methods used in a trade for the recruitment and training of apprentices, An Chomhairle may, by notice in writing served on any person who recruits and trains apprentices in the trade, or who, either alone or with others, manages or controls such recruitment and training, require the person to furnish to An Chomhairle within a specified period any specified information or documents, being information or documents which An Chomhairle reasonably believes to be necessary for the purposes of the examination and to be in the possession of the person.
(3) Before carrying out an examination under this section, An Chomhairle shall, in such manner as it thinks fit, give such notice as it considers reasonable of its intention to carry out the examination and inviting persons interested to make submissions in writing to An Chomhairle in relation to the recruitment and training of apprentices in the trade which is proposed to be examined.
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paragraphs: —(1) On completion of an examination under section 20 of this Act of the methods used in a trade for the recruitment and training of apprentices, An Chomhairle may, if it so thinks proper, by order declare the trade to be a designated trade for the purposes of this Act either throughout the State or in any specified part of the State.
(2) In the case of a trade in respect of which, immediately before the passing of this Act, an order under section 2 of the Apprenticeship Act, 1931 , was in force, An Chomhairle may, without carrying out an examination under section 20 of this Act, by order declare the trade to be a designated trade for the purposes of this Act either (in conformity with the first-mentioned order) throughout the State or in any specified part of the State.
(3) An Chomhairle may by order revoke or amend an order under this section (including an order under this subsection).
(4) Where An Chomhairle, having completed an examination under section 20 of this Act of the methods which, pursuant to any agreement, scheme or arrangement, are used in a trade for the recruitment and training of apprentices, is of opinion that, instead of making an order under this section, it would be sufficient if the agreement, scheme or arrangement were modified—
(a) An Chomhairle may inform the persons entitled to modify the agreement, scheme or arrangement that, if it is modified in specified respects within a specified period, an order will not be made under this section by reference to that examination, and
(b) if it is so modified, an order shall not be so made.
(5) Where an agreement, scheme or arrangement is modified as provided for in subsection (4) of this section and the persons entitled to do so at any time propose to modify further the agreement scheme or arrangement, those persons shall, before making such further modification, inform An Chomhairle of the nature of the proposed modification.
(6) Every order 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 order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.
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paragraphs: —(1) Where An Chomhairle makes an order under section 21 of this Act declaring a trade to be a designated trade in an area, An Chomhairle shall by another order forthwith—
(a) either constitute the area to be an apprenticeship district for the purposes of the trade or divide the area into two or more apprenticeship districts for the purposes of the trade, and
(b) with respect to such district or each of such districts, establish, unless An Chomhairle considers that it would be impracticable to do so, an apprenticeship committee for the district to perform the functions assigned to an apprenticeship committee by this Act.
(2) Where an order under subsection (1) of this section does not establish an apprenticeship committee for a particular apprenticeship district, An Chomhairle may at any subsequent time by order establish an apprenticeship committee for the district to perform the functions assigned to an apprenticeship committee by this Act.
(3) An order under this section shall, as respects an apprenticeship committee established by it—
(a) provide that the committee shall consist of a chairman and a specified number of ordinary members,
(b) provide that An Chomhairle shall appoint a person to be the chairman of the committee and that he shall be a person who is not representative of either workers' or employers' interests,
(c) provide that the ordinary members shall include a specified number of workers' members, a specified number of employers' members (which shall be equal to the specified number of workers' members) and a specified number of educational members,
(d) provide that An Chomhairle shall—
(i) after consultation with the Minister, designate, in respect of each workers' member, an organisation representative of trade unions of workers to nominate a person for appointment as a workers member and shall appoint the person so nominated to be a workers' member,
(ii) after consultation with the Minister, invite organisations representative of employers to nominate persons for appointment as employers' members and shall appoint the appropriate number specified in the order of the persons so nominated to be the employers' members,
(iii) after consultation with such educational bodies as An Chomhairle considers suitable, appoint the appropriate number of persons specified by the order to be the educational members,
(e) provide for the term of office of the members,
(f) provide that a member whose term of office expires by effluxion of time shall be eligible for re-appointment,
(g) provide that An Chomhairle may remove a member from office,
(h) provide that a member may resign his office as member by letter addressed to An Chomhairle and that the resignation shall have effect as on and from the date of the receipt of the letter by An Chomhairle,
(i) provide that a member shall be disqualified from holding office and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State,
(j) provide that, where a casual vacancy occurs among the workers' members, An Chomhairle shall, after consultation with the Minister, designate an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy and that An Chomhairle shall appoint the person so nominated to fill the vacancy,
(k) provide that, where a casual vacancy occurs among the employers' members, An Chomhairle shall, after consultation with the Minister, invite organisations representative of employers to nominate persons for appointment to fill the vacancy and that An Chomhairle shall appoint a person from among the persons so nominated to fill the vacancy,
(l) provide that, where a casual vacancy occurs among the educational members, An Chomhairle shall, after consultation with such educational bodies as An Chomhairle considers suitable, appoint a person to fill the vacancy,
(m) provide that a person appointed under the provision made under paragraph (j), (k) or (l) of this subsection shall hold office for the remainder of his predecessor's term,
(n) provide that at a meeting of the committee—
(i) the chairman shall, if present, be chairman of the meeting,
(ii) if and so long as the chairman is not present or the office of chairman is vacant, the members who are present shall choose one of their number to be chairman of the meeting,
(o) provide that the chairman, each workers' member and each employers' member at a meeting of the committee shall have a vote,
(p) provide that an educational member at a meeting of the committee shall not, except where such member is chairman of the meeting, have a vote,
(q) provide that, if at any meeting of the committee the group of workers' members does not equal in number the group of employers' members present—
(i) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,
(ii) if no such arrangement is made, the chairman or, in his absence, the person who is chairman of the meeting, may adjourn the voting on any question to another meeting of the committee,
(r) provide that, subject to the provisions of the order, the committee shall regulate, by standing orders or otherwise, the procedure and business of the committee,
(s) provide for such other matters as An Chomhairle considers necessary for the proper performance of its functions by the committee.
(4) The chairman of an apprenticeship committee shall be paid, out of moneys at the disposal of An Chomhairle, such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, determines and, in the absence of the chairman from a meeting of the committee, the fee that would be payable to him may, if An Chomhairle thinks fit, be paid to the person who acts as chairman of the meeting.
(5) Each member of an apprenticeship committee shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.
(6) An Chomhairle may appoint one of its officers to act as secretary of an apprenticeship committee.
num: 23
paragraphs: —(1) Where an order under subsection (1) of section 22 of this Act does not establish an apprenticeship committee for a particular apprenticeship district, then, until an apprenticeship committee is established for the district, An Chomhairle shall act for all purposes as that committee and references in the subsequent sections of this Act to an apprenticeship committee, the trade for which it is established and the district thereof shall be construed accordingly.
(2) Where an apprenticeship committee—
(a) is requested by An Chomhairle to make and submit for confirmation, within a specified period, any rules which the committee is empowered or required by this Act to make, or
(b) is requested by An Chomhairle to perform, within a specified period, any function which the committee is empowered or required by section 38 , section 39 or section 41 of this Act to perform, and
(c) fails to comply with the request,
An Chomhairle, if it so thinks proper, may act for the committee for the purpose of making the rules or performing the function, as the case may be.
(3) Where An Chomhairle refuses to confirm rules under any section of this Act submitted for confirmation, An Chomhairle, if it so thinks proper, may act for the apprenticeship committee concerned for the purpose of making rules under that section.
(4) Rules made by virtue of this section shall not require confirmation.
num: 24
paragraphs: —(1) Where An Chomhairle makes an order under section 22 of this Act in relation to a trade—
(a) An Chomhairle shall make rules declaring that employment in the trade of any specified class or classes of persons in a specified manner shall constitute employment by way of apprenticeship in the trade, and
(b) until those rules are made, no other rules shall be made under this Act in relation to the trade.
(2) The employment declared by rules under this section to constitute employment by way of apprenticeship in a trade shall for the purposes of this Act be employment by way of apprenticeship in the trade.
num: 25
paragraphs: —(1) An Chomhairle shall make rules in relation to the educational qualifications to be possessed by persons entering on employment by way of apprenticeship in a designated trade and, where there is more than one apprenticeship district for the purposes of the trade, An Chomhairle may make different rules for each district.
(2) Before making rules under this section, An Chomhairle shall consult with the Minister for Education and the apprenticeship committee (if any) established for the district in which the proposed rules are to have effect.
(3) A person carrying on the trade to which rules under this section relate shall not take into his employment by way of apprenticeship in the trade and in an apprenticeship district in which the rules have effect, a person unless that person possesses the educational qualifications specified in the rules.
num: 26
paragraphs: —(1) An Chomhairle shall make rules specifying the minimum age at which employment by way of apprenticeship may commence in a designated trade and, where there is more than one apprenticeship district for the purposes of the trade, An Chomhairle may make different rules for each district.
(2) Before making rules under this section, An Chomhairle shall consult with the apprenticeship committee (if any) established for the district in which the proposed rules are to have effect.
(3) A person carrying on the trade to which rules under this section relate shall not take into his employment by way of apprenticeship in the trade and in an apprenticeship district in which the rules have effect, a person unless that person has reached the age specified in the rules.
num: 27
paragraphs: —(1) An Chomhairle shall make rules in relation to the circumstances under which a person employed by way of apprenticeship in a designated trade may be dismissed from the employment and, where there is more than one apprenticeship district for the purposes of the trade, An Chomhairle may make different rules for each district.
(2) Rules under this section may require a person carrying on the trade to which the rules relate who employs persons by way of apprenticeship in the trade to post and keep posted, in accordance with section 61 of this Act, copies of the rules.
(3) A person carrying on the trade to which rules under this section relate shall not dismiss a person employed by him by way of apprenticeship in the trade and in an apprenticeship district in which the rules have effect save in accordance with the rules,
num: 28
paragraphs: —(1) An apprenticeship committee shall make rules in relation to the period (including any probationary period) of employment by way of apprenticeship in the trade for which the committee is established and in the district of the committee.
(2) A person who is employed by way of apprenticeship in a trade to which rules under this section relate and in the district of the apprenticeship committee shall, where the employment commenced while the rules were in force and notwithstanding any agreement to the contrary, be deemed to be employed under an agreement signed by the person and his employer whereby the employer agrees to employ the person, and the person agrees to serve the employer, for the period of apprenticeship specified in the rules, but the committee may, if it so thinks fit, release both parties from their respective obligations under the agreement implied by this subsection or modify such agreement or, with the consent of—
(a) in case the person has attained the age of eighteen years, the person, and
(b) in case the person has not attained the age of eighteen years, the parent (if any) of the person,
transfer the benefits and obligations of the employer under such agreement to another employer carrying on the trade in the district.
(3) In subsection (2) of this section “parent”, in relation to a person employed by way of apprenticeship who has not attained the age of eighteen years, means the individual having the legal custody of the person and where, owing to the absence of that individual or for any other reason, the person is not living with or in the actual custody of that individual, includes the individual with whom the person is living or in whose actual custody the person is.
num: 29
paragraphs: —(1) An apprenticeship committee shall make rules requiring persons carrying on the trade, for which the committee is established, in the district of the committee to ensure the training and instruction in a specified manner of persons whom they employ by way of apprenticeship in the trade and in the district.
(2) Rules under this section may require persons carrying on the trade to which the rules relate who employ persons by way of apprenticeship in the trade to post and keep posted, in accordance with section 61 of this Act, copies of the rules.
num: 30
paragraphs: —An apprenticeship committee may make rules prohibiting persons carrying on the trade, for which the committee is established, in the district of the committee from taking any premium, fee or other consideration in respect of the employment by them of any person by way of apprenticeship in the trade and in the district.
num: 31
paragraphs: —An apprenticeship committee shall make rules requiring persons carrying on the trade, for which the committee is established, in the district of the committee to make to the committee reports, in such form as shall be indicated in the rules, on the progress of persons employed by them by way of apprenticeship in the trade and in the district.
num: 32
paragraphs: —(1) An apprenticeship committee established for an apprenticeship district for the purposes of a designated trade in which contracts of apprenticeship are normally effected by deed may make rules specifying the form of the contract to be used when a person is taken into employment by way of apprenticeship in the trade and in the district of the committee.
(2) Where a person carries on the trade to which rules under this section relate in the district of the apprenticeship committee, he shall not take into his employment by way of apprenticeship in the trade and in the district a person under a contract of apprenticeship effected by deed unless the deed is in the form specified in the rules.
num: 33
paragraphs: —(1) Rules made by An Chomhairle under any provision of this Act may contain different provisions in respect of different areas in an apprenticeship district.
(2) Rules made by an apprenticeship committee under any provision of this Act may contain different provisions in respect of different areas in the district of the committee.
(3) Where rules under section 25 of this Act contain provisions which apply to an area comprising part only of an apprenticeship district, subsection (3) of that section shall, in its application to a person carrying on in that area the trade to which the rules relate, have effect as if the reference therein to an apprenticeship district in which the rules have effect were a reference to that area.
(4) Where rules under section 26 of this Act contain provisions which apply to an area comprising part only of an apprenticeship district, subsection (3) of that section shall, in its application to a person carrying on in that area the trade to which the rules relate, have effect as if the reference therein to an apprenticeship district in which the rules have effect were a reference to that area.
(5) Where rules under section 27 of this Act contain provisions which apply to an area comprising part only of an apprenticeship district, subsection (3) of that section shall, in its application to a person carrying on in that area the trade to which the rules relate, have effect as if the reference therein to an apprenticeship district in which the rules have effect were a reference to that area.
(6) Where rules under section 32 of this Act contain provisions which apply to an area which comprises part only of an apprenticeship district, subsection (2) of that section shall, in its application to a person carrying on in that area the trade to which the rules relate, have effect as if the reference therein to the district of an apprenticeship committee and the reference to the district were references to that area.
num: 34
paragraphs: —(1) Rules made by an apprenticeship committee under this Act shall be submitted to An Chomhairle as soon as may be after they are made and no such rules shall be of any force or effect unless or until they are confirmed by order of An Chomhairle, but on being so confirmed, shall come into force as confirmed on such date (not earlier than the date of the order) as is specified in that behalf in the order or, if no such date is so specified, the date of the order.
(2) An Chomhairle may, in respect of rules submitted to it by an apprenticeship committee, either by order confirm the rules (with or without modifications) or refuse to confirm them.
(3) Before confirming under this section with modifications any rules, An Chomhairle shall consult the apprenticeship committee with respect to the proposed modifications.
(4) Where An Chomhairle refuses under this section to confirm rules, the apprenticeship committee may (save where An Chomhairle exercises its powers under subsection (3) of section 23 of this Act) make new rules, and this section shall apply to the new rules in like manner as it applies to the original rules.
num: 35
paragraphs: —(1) Before making or confirming rules under any provision of this Act, An Chomhairle shall publish notice in at least two newspapers circulating in the area in which the proposed rules are to have effect, stating that it is intended to make such rules, the nature of the proposed rules, that copies thereof shall be made available, on request, to interested persons and the time, manner and place in which objections and representations in relation to the proposed rules may be made.
(2) An Chomhairle shall, before making or confirming rules under any provisions of this Act, consider any objections or representations received, in accordance with a notice under subsection (1) of this section, in relation to the proposed rules.
num: 36
paragraphs: —An Chomhairle shall, as soon as may be after making or confirming rules under any provision of this Act, publish a notice in Iris OifigiÃºil and in at least two newspapers circulating in the area in which the rules have effect stating that such rules have been made and the place where copies of the rules may be purchased at a price (which shall be of such reasonable amount as An Chomhairle determines) specified in the notice.
num: 37
paragraphs: —A person who carries on a designated trade in an apprenticeship district for the purposes of the trade shall not take into: his employment by way of apprenticeship in the trade and in the district any person—
(a) other than a person who is registered in the register of candidates kept, under section 43 of this Act, by the apprenticeship committee for the trade and the district, and
(b) save with the consent of such committee.
num: 38
paragraphs: —(1) An apprenticeship committee may, after consultation with An Chomhairle, determine the number of persons that, during a specified period, is to be taken into employment by way of apprenticeship in the trade, for which the committee is established in the district of the committee and the committee, if it so thinks proper, may, before the expiration of such period, make, after consultation with An Chomhairle, a further determination altering the number previously determined.
(2) Where an apprenticeship committee determines, under subsection (1) of this section, a number, the committee shall arrange for the taking into employment by way of apprenticeship in the trade, for which the committee is established, in the district of the committee of that number in the period specified in the determination and for that purpose may, if it is satisfied—
(a) that a sufficient number of persons is not being taken into such employment, in the period specified in the determination, in the trade and in the district, and
(b) that a person who carries on the trade in the district has the facilities for training persons by way of apprenticeship in the trade and in the district and is, without reasonable cause, failing to take persons into his employment by way of apprenticeship in the trade and in the district,
by notice in writing served on that person require him, within a specified period to take into such employment in the trade and in the district a specified number of persons.
(3) An apprenticeship committee shall not exercise the power conferred by subsection (2) of this section for the purpose of making any arrangement under section 52 of this Act.
num: 39
paragraphs: —(1) An Chomhairle may make arrangements for the provision by a vocational education committee of courses of instruction in the nature of technical education of a type which An Chomhairle and the vocational education committee agree is suitable for persons employed by way of apprenticeship, in a designated trade, in an apprenticeship district for the purposes of the trade.
(2) Where a course of instruction is provided under subsection (1) of this section by a vocational education committee for persons employed by way of apprenticeship, in a designated trade, in an apprenticeship district for the purposes of the trade, the apprenticeship committee for the district and the trade may—
(a) by notice in writing served on a person employed by way of apprenticeship in the trade and in the district require him to attend the whole of the course, and
(b) by notice in writing served on the employer of a person upon whom a notice under paragraph (a) of this subsection has been served require the employer to afford to the person time and liberty to attend the whole of the course and to sit for any examinations held in relation to the course during normal working hours without any deduction from wages or any addition to the hours of employment or reckoning such time as lost.
(3) Where a person upon whom a notice under paragraph (a) of subsection (2) of this section has been served is allowed time and liberty to attend, during normal working hours, an instruction which is part of a course provided under subsection (1) of this section and fails to attend, then, notwithstanding anything contained in his contract with his employer, he shall not be entitled to receive the amount of any pay (being pay which he would otherwise be entitled to receive) which is apportionable to the period of his absence from his employment by way of apprenticeship unless he satisfies his employer that his failure to attend the instruction was due to sickness or other unavoidable cause.
num: 40
paragraphs: —An apprenticeship committee may make such arrangements as it considers suitable for the keeping by persons employed by way of apprenticeship in the trade, for which the committee is established, in the district of the committee of such records of their training as the committee determines.
num: 41
paragraphs: —(1) An apprenticeship committee shall from time to time arrange, through An Chomhairle, with the Minister for Education for the holding, for persons employed by way of apprenticeship in the trade for which the committee is established and in the district of the committee, of—
(a) a junior examination for persons who have completed approximately half their periods of apprenticeship, and
(b) a senior examination for persons who arc nearing the completion of, or have completed, those periods.
(2) (a) The subjects to be included in, and the standard for, examinations under this section shall be determined by the Minister for Education after consultation with the apprenticeship committee concerned.
(b) Examinations under this section shall include practical tests.
(3) The conditions governing entry for examinations under this section shall be determined by the apprenticeship committee concerned after consultation with the Minister for Education.
(4) A person who fails an examination under this section may, at the discretion of the apprenticeship committee concerned, be allowed to undergo such examination again.
num: 42
paragraphs: —(1) Where a person employed by way of apprenticeship, in the district of an apprenticeship committee, in the trade for which the committee is established—
(a) completes his period of apprenticeship to the satisfaction of the committee, and
(b) has passed the senior examination arranged by the committee for persons so employed,
the committee shall inform An Chomhairle thereof and An Chomhairle shall thereupon issue to him a certificate certifying that he has so completed his period of apprenticeship and has passed that examination.
(2) (a) This subsection applies to a person who, in the opinion of An Chomhairle, has been employed as an apprentice in a trade in respect of which—
(i) an examination under section 20 of this Act has been carried out, and
(ii) no order has been made under section 21 of this Act declaring the trade to be a designated trade or, where such an order has been made, the order is not in force,
and has completed his apprenticeship in that trade.
(b) Subject to such conditions as it may determine, An Chomhairle may make such arrangements as it considers desirable for the issue by An Chomhairle to a person to whom this subsection applies of a certificate certifying that he has completed his apprenticeship and the certificate may contain particulars of any examinations passed by him.
num: 43
paragraphs: —(1) An apprenticeship committee shall keep a register of candidates for apprenticeship.
(2) An apprenticeship committee shall enter in the register kept by the committee under this section—
(a) the names of persons who desire to be employed by way of apprenticeship in the trade, for which the committee is established, in the district of the committee, who have applied to the committee for registration in the register and who have satisfied the committee that they possess any qualifications as to education and age required by rules under sections 25 and 26 of this Act in relation to the trade and the district,
(b) such particulars of registered persons becoming employed as aforesaid as may be sent to the committee pursuant to section 46 of this Act, and
(c) any other particulars which may be prescribed or which the committee may consider appropriate.
(3) The person having custody of a register kept under this section shall, upon request, permit the register to be inspected at any reasonable time by any interested person.
num: 44
paragraphs: —(1) An apprenticeship committee shall keep a register ofapprentices.
(2) An apprenticeship committee shall enter in the register kept by the committee under this section—
(a) such particulars of persons employed or ceasing to be employed by way of apprenticeship in the trade for which the committee is established and in the district of the committee as may be sent to the committee pursuant to section 46 of this Act, and
(b) any other particulars which may be prescribed or which the committee may consider appropriate.
(3) The person having custody of a register kept under this section shall, upon request, permit the register to be inspected at any reasonable time by any interested person.
num: 45
paragraphs: —(1) An apprenticeship committee shall hold an investigation into any dispute (being a dispute in relation to a matter which is a function of the committee) between a person carrying on the trade, for which the committee is established, in the district of the committee and any person employed by him by way of apprenticeship in the trade and in the district which may be referred to it by either of those persons, and shall endeavour to effect a settlement of the dispute and shall report to An Chomhairle the result of the investigation.
(2) An apprenticeship committee shall report to An Chomhairle on any matter relating to employment by way of apprenticeship in the trade for which the committee is established which An Chomhairle may refer to it for its report.
num: 46
paragraphs: —(1) Where a person who carries on the trade for which an apprenticeship committee is established in the district of the committee takes into his employment by way of apprenticeship a person in the trade and in the district, he shall, within two weeks thereafter, send to the committee such particulars in relation to the person as may be prescribed or as the committee may, by notice in writing served on him, specify.
(2) Where a person who carries on in the district of an apprenticeship committee the trade for which the committee is established ceases to employ by way of apprenticeship a person in the trade and in the district, he shall, within two weeks thereafter, send to the committee such particulars in relation to the person as may be prescribed or as the committee may, by notice in writing served, on him, specify.
num: 47
paragraphs: —(1) This section applies in relation to persons, other than bodies established by statute, carrying on such designated trades as An Chomhairle, with the consent of the Minister, from time to time determines.
(2) For the furtherance of the satisfactory recruitment, training, progress and welfare of persons employed by way of apprenticeship, An Chomhairle may, in cases where it considers that a person to whom this section applies has zealously and successfully trained persons employed by him by way of apprenticeship in the designated trade carried on by him, pay to him, out of moneys at the disposal of An Chomhairle, a gratuity of such amount as may be determined by An Chomhairle with the consent of the Minister and of the Minister for Finance.
num: 48
paragraphs: —(1) For the purpose of making available for persons employed by way of apprenticeship in a designated trade better facilities for receiving training and instruction in the trade, An Chomhairle may, if it so thinks fit, grant scholarships to such persons so employed as An Chomhairle selects in such manner as it considers appropriate.
(2) Scholarships granted to persons under this section may provide for the payment of fees at educational establishments and such other payments as An Chomhairle determines.
num: 49
paragraphs: —(1) An Chomhairle may award prizes to such persons employed by way of apprenticeship in a designated trade as An Chomhairle selects in such manner as it considers appropriate.
(2) An Chomhairle may promote the sending to other countries, for the purpose of attending at exhibitions, taking part in competitions or any other purpose, of such persons employed by way of apprenticeship in a designated trade as An Chomhairle selects in such manner as it considers appropriate.
num: 50
paragraphs: —For the purpose of facilitating employment by way of apprenticeship in a designated trade, an apprenticeship committee for the trade—
(a) may arrange for the taking of a particular person into employment by way of apprenticeship in the trade and in the district of the committee by a particular employer, or
(b) where a person employed by way of apprenticeship in the trade desires to be transferred from one employer to another in the district of the committee or from an employer in the district of the committee to an employer in another apprenticeship district for the purposes of the trade, may arrange for the carrying out of the transfer, or
(c) where it considers it desirable that a person employed by way of apprenticeship in the trade should be transferred from one employer to another in the district of the committee or from an employer in the district of the committee to an employer in another apprenticeship district for the purposes of the trade, may arrange for the carrying out of the transfer.
num: 51
paragraphs: —(1) Where any rules made by An Chomhairle under this Act are for the time being in force, a person shall not do any act or thing for the purpose either of preventing or obstructing an employer carrying on in any apprenticeship district in which the rules have effect the designated trade to which the rules relate from complying with the rules.
(2) Where any rules made by an apprenticeship committee under this Act or by An Chomhairle acting as or for an apprenticeship committee are for the time being in force, a person shall not do any act or thing for the purpose either of preventing or obstructing an employer carrying on in the apprenticeship district in which the rules have effect the designated trade to which the rules relate from complying with the rules.
(3) Where a notice under subsection (2) of section 38 of this Act has been served on an employer, a person shall not do any act or thing for the purpose either of preventing or obstructing the employer from complying with the requirements of the notice.
num: 52
paragraphs: —(1) Where persons employed by way of apprenticeship in a designated trade are, on account of a trade dispute or for any other reason, for the time being not engaged in their employment, An Chomhairle may make such arrangements for safeguarding the continued training and instruction of the persons as it thinks proper.
(2) In this section “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment of any person.
num: 53
paragraphs: —An Chomhairle may appoint persons to be supervisors for the purposes of this Act and may pay to such persons, out of moneys at its disposal, such fees and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may sanction.
num: 54
paragraphs: —An Chomhairle may appoint such and so many committees as it thinks fit to advise An Chomhairle on matters connected with employment by way of apprenticeship and on the co-ordination of the work of apprenticeship committees.
num: 55
paragraphs: —(1) Where a person is taken into employment by way of apprenticeship in a designated trade, there shall be paid by him to An Chomhairle a fee (being a fee in respect of registration in the register of apprentices kept under section 44 of this Act) of such amount as may be prescribed.
(2) During the period during which a person remains employed by way of apprenticeship in a designated trade, there shall be paid by him to An Chomhairle such annual fees as may be prescribed.
(3) Rules for the purposes of this section shall require the consent of the Minister.
(4) In default of being paid a fee under this section, An Chomhairle may recover it from the person (including a person who has not attained the age of twenty-one years) liable therefor as a simple contract debt in any Court of competent jurisdiction.
(5) An Chomhairle may, where it so thinks proper in any particular case, exempt a person from payment of any fee under this section.
num: 56
paragraphs: —(1) Where An Chomhairle is of opinion that a person, carrying on a designated trade in an apprenticeship district for the purposes of the trade, has in operation in the trade and in the district an agreement, scheme or arrangement for the recruitment and training of apprentices which is suitable for certification under this section, An Chomhairle may by certificate declare the agreement, scheme or arrangement, as the case may be, to be excluded in relation to specified provisions of this Act and thereupon, in relation to those provisions—
(a) the person shall be regarded as not carrying on the trade in the district, and
(b) persons employed by him by way of apprenticeship in the trade and in the district shall be regarded as not being so employed.
(2) Where a certificate under this section declares an agreement, scheme or arrangement to be excluded in relation to specified provisions of this Act and, after the issue of the certificate, the agreement, scheme or arrangement is modified in any respect by the persons entitled to do so, those persons shall forthwith inform An Chomhairle of the nature of the modification.
(3) An Chomhairle shall take such steps as it considers appropriate for informing persons affected by a certificate under this section of the issue of such certificate.
(4) An Chomhairle may by certificate amend or revoke a certificate under this section.
num: 57
paragraphs: —(1) An Chomhairle may, if it so thinks proper in the case of the employment by way of apprenticeship of a particular person by a particular employer, exempt the employer from the requirements of subsection (3) of section 25 or subsection (3) of section 26 of this Act.
(2) An apprenticeship committee may, if it so thinks proper in the case of the employment by way of apprenticeship of a particular person by a particular employer, exempt the employer from specified requirements of rules under section 29 or section 31 of this Act and from the requirement of subsection (2) of section 32 of this Act.
(3) An apprenticeship committee may, if it so thinks proper in the case of the taking of a particular person into employment by way of apprenticeship by a particular employer, exempt the employer from the requirement of section 37 of this Act.
(4) An exemption shall not be granted under subsection (1) of this section unless, at a meeting of An Chomhairle, the chairman of An Chomhairle or, in his absence, the chairman of the meeting, and a majority of the workers' members and of the employers' members of An Chomhairle present and voting on the grant of the exemption vote in favour of granting the exemption.
(5) An exemption shall not be granted under subsection (2) or subsection (3) of this section unless, at a meeting of the apprenticeship committee, the chairman of the committee or, in his absence, the chairman of the meeting and a majority of the workers' members and of the employers' members of the committee present and voting on the grant of the exemption vote in favour of granting the exemption.
num: 58
paragraphs: —(1) An authorised officer may do all or any of the following things:
(a) at all reasonable times enter upon any premises in which a designated trade is carried on where he has reasonable cause to believe any person is employed in the premises,
(b) examine either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in any premises upon which he is entitled under this section to enter and require the person to answer such questions as he may put touching such matters, and to sign a declaration of the truth of the answers to the questions.
(2) No one shall be required by virtue of paragraph (b) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.
(3) An authorised officer may, by notice in writing served on a person carrying on a designated trade, require him to furnish to the officer, within a specified time and in a specified manner, specified particulars with respect to the persons or any specified person employed by him by way of apprenticeship in the trade.
num: 59
paragraphs: —A supervisor may at all reasonable times enter upon any premises in which a designated trade is carried on where he has reasonable cause to believe any person is employed in the premises and may examine the methods used in the training and instruction of any person whom he finds employed by way of apprenticeship in the trade and in the premises and give assistance and advice in such training and instruction.
num: 60
paragraphs: —(1) An authorised officer shall be furnished by the Minister with a certificate of his appointment as an authorised officer and, when exercising any of the powers conferred on him by this Act, shall, if so required, produce the certificate to any person affected.
(2) A supervisor shall be furnished by An Chomhairle with a certificate of his appointment as a supervisor and, when exercising any of the powers conferred on him by this Act, shall, if so required, produce the certificate to any person affected.
num: 61
paragraphs: —(1) Where rules under this Act require printed copies of the rules to be posted and kept posted, such copies shall be posted and kept posted—
(a) in a prominent place in every premises in which persons are employed by way of apprenticeship in the trade to which the rules relate, and
(b) in such characters and in such position as to be conveniently read by persons so employed in such premises.
(2) A person shall not wilfully pull down, injure or deface any copy of rules posted in pursuance of this section.
num: 62
paragraphs: —(1) Where a person on whom a notice is served under subsection (2) of section 20 of this Act in respect of any information or documents fails or neglects to comply with the requirements of the notice, he shall be guilty of an offence unless he satisfies the Court that the information or documents were not necessary for the purposes of the relevant examination by An Chomhairle or were not in his possession.
(2) Where a person on whom a notice is served under subsection (2) of section 20 of this Act in respect of any information furnishes information which to his knowledge is false or misleading in any material particular, he shall be guilty of an offence.
(3) A person who contravenes subsection (3) of section 25 , subsection (3) of section 26 , subsection (3) of section 27 , subsection (2) of section 32 , section 37 , subsection (1), (2) or (3) of section 51 or subsection (2) of section 61 of this Act shall be guilty of an offence.
(4) Where a person who is required by rules under section 27 of this Act to post and keep posted, in accordance with section 61 of this Act, copies of the rules, fails or neglects to comply with the requirement, he shall be guilty of an offence.
(5) Where a person on whom a requirement is made by rules under section 29 or section 31 of this Act fails or neglects to comply with the requirement, he shall be guilty of an offence.
(6) Where a person contravenes rules under section 30 of this Act, he shall be guilty of an offence.
(7) Where a person upon whom a noticec under subsection (2) of section 38 or subsection (3) of section 58 of this Act is served fails or neglects to comply with the requirements of the notice, he shall be guilty of an offence.
(8) Where a person on whom a notice under paragraph (b) of subsection (2) of section 39 of this Act is served fails or neglects to comply with the requirement of the notice, he shall be guilty ol an offence.
(9) A person who fails or neglects to comply with the requirements of subsection (1) or (2) of section 46 of this Act or of a notice under either of those subsections served on him shall be guilty of an offence.
(10) Where a person—
(a) prevents or attempts to prevent a person from appearing before an authorised officer exercising any of the powers conferred on an authorised officer by subsection (1) of section 58 of this Act,
(b) wilfully refuses to answer questions lawfully put to him by an authorized officer under that subsection,
(c) refuses to sign a declaration which he is lawfully required by an authorised officer to sign under that subsection, or
(d) in any other manner obstructs or impedes an authorized officer in the exercise of any of the powers conferred upon an authorised officer by that subsection,
he shall be guilty of an offence.
(11) Where a person obstructs or impedes a supervisor in the exercise of any of the powers conferred upon a supervisor by section 59 of this Act, he shall be guilty of an offence.
(12) (a) A person who is guilty of an offence under subsection (8) of this section shall be liable on summary conviction to a fine not exceeding ten pounds.
(b) A person who is guilty of an offence under any other subsection of this section shall be liable on summary conviation to a fine not exceeding twenty pounds.
num: 63
paragraphs: —An offence under this Act may be prosecuted by An Chomhairle.
num: 64
paragraphs: —(1) Upon the coming into force of any rules under this Act—
(a) any provisions of an employment agreement then in force registered in the Register which relate to matters the subject of the rules, and
(b) any provisions of an order then in force made by the Labour Court under section 43 of the Act which relate to matters the subject of the rules,
shall cease to have effect in any apprenticeship district in which the rules have effect.
(2) Upon the commencement of a period specified by an apprenticeship committee under subsection (1) of section 38 of this Act—
(a) any provisions of an employment agreement then in force registered in the Register which relate to the number of persons to be taken into employment by way of apprenticeship in the trade, for which the committee is established, in the district of the committee, and
(b) any provisions of an order then in force made by the Labour Court under section 43 of the Act which relate to the number of persons to be taken into such employment in that trade and in that district,
shall cease to have effect in that district during that period.
(3) Where an employment agreement is, at a time when rules under this Act are in force, registered in the Register, any provisions of the agreement which relate to matters the subject of the rules shall not have effect in any apprenticeship district in which the rules have effect.
(4) Where an employment agreement is, at any time during a period specified by an apprenticeship committee under subsection (1) of section 38 of this Act, registered in the Register, any provisions of the agreement which relate to the number of persons to be taken into employment by way of apprenticeship in the trade, for which the committee is established, in the district of the committee shall not have effect in that district during the unexpired portion of that period.
(5) Where an order is, at a time when rules under this Act are in force, made by the Labour Court under section 43 of the Act, any provisions of the order which relate to matters the subject of the rules shall not have effect in any apprenticeship district in which the rules have effect.
(6) Where an order is, at any time during a period specified by an apprenticeship committee under subsection (1) of section 38 of this Act, made by the Labour Court under section 43 of the Act, any provisions of the order which relate to the number of persons to be taken into employment by way of apprenticeship in the trade, for which the committee is established, in the district of the committee shall not have effect in that district during the unexpired portion of that period.
(7) In this section—
“the Act” means the Industrial Relations Act, 1946 ;
“the Register” means the Register of Employment Agreements maintained by the Labour Court under section 26 of the Act.
num: 65
paragraphs: —(1) An Chomhairle may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.
(2) An Chomhairle shall not accept a gift if the conditions attached by the donor to its acceptance are inconsistent with the functions of An Chomhairle.
num: 66
paragraphs: — Section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to all orders and rules under this Act.
num: 67
paragraphs: —(1) A notice given pursuant to this Act or rules thereunder may be served on a person—
(a) by delivering it to him, or
(b) by sending it by registered post in an envelope addressed to him at the address at which he ordinarily resides or carries on business.
(2) A notice given pursuant to this Act or rules thereunder by An Chomhairle or an apprenticeship committee may be signed by an officer of An Chomhairle or the committee (as the case may be) authorised in that behalf.
(3) For the purposes of subsection (1) of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal officse or place of business.