INDUSTRIAL TRAINING Citation and commencement 1 These Regulations may be cited as the Industrial Training (Levy Exemption References) Regulations 1974 and shall come into operation on 2nd September 1974. Interpretation 2 1 In these Regulations, unless the context otherwise requires:— “ the Act ” means the Industrial Training Act 1964 as amended by the Employment and Training Act 1973 ; “ the applicant ” means, in relation to a reference, the person who, having applied for or being the holder of an exemption certificate, refers the relevant decision of the Board under section 4B(4) of the Act for determination by the Referees ; “ the Board ” means, in relation to a reference, the respondent industrial training board ; “ a chairman ” means the President or a person appointed to be a chairman and in relation to a reference which has been assigned to a division of the Referees under Regulation 5 means the President or the chairman of that division as the case may require ; “ the clerk to the Referees ” means the person appointed by the Secretary to act in that capacity at one or more hearings ; “ hearing ” means a sitting of the Referees duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the Referees to determine a reference ; “ the President ” means the President of the Referees or the person nominated by the Secretary of State to discharge for the time being the functions of the President ; “ the Register of References ” means the Register of References kept in pursuance of these Regulations ; “ Rule ” means a Rule of Procedure contained in the Schedule to these Regulations ; “ the Secretary ” means the Secretary to the Referees for the time being and references to “ the Secretary ” shall be taken to include an assistant secretary ; “ the Referees ” means the Referees established by these Regulations and, in relation to a particular reference, the division to whom that reference has been assigned . 2 The Interpretation Act 1889 applies to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament. Establishment of the Referees 3 1 For the purpose of hearing and determining references under section 4B(4) of the Act concerning decisions of industrial training boards there shall be established Referees constituted in accordance with these regulations. 2 For the purpose aforesaid the Referees shall sit in divisions in accordance with Regulation 5 and two or more such divisions may sit at the same time. 3 The Referees shall consist of the following persons— a a person appointed by the Secretary of State to be the President together with such number of persons as the Secretary of State sees fit to appoint to be chairmen; b such number of persons as the Secretary of State sees fit to appoint to be members being persons so appointed after consultation with organisations representing employers; and c such number of persons as the Secretary of State sees fit to appoint to be members being persons so appointed after consultation with organisations representing employees. 4 The expenses of the Referees shall be defrayed by the Secretary of State out of moneys provided by Parliament and the Secretary of State may out of such moneys pay to the President, chairmen, members and to any assessors such remuneration and allowances (including allowances for loss of remunerative time) as he may determine with the approval of the Minister for the Civil Service. 5 The President, chairmen and members appointed under this Regulation shall hold and vacate office under the terms of the instruments under which they are appointed, but may resign office by notice in writing to the Secretary of State; and any such person who ceases to hold office shall be eligible for reappointment. 6 The functions of the President under these Regulations may, if he is for any reason unable to act or during a vacancy in his office, be discharged by a person nominated for that purpose by the Secretary of State. Secretary to the Referees 4 1 The Secretary of State shall appoint a Secretary to the Referees and may appoint such other persons as he thinks fit to be assistant secretaries. 2 It shall be the duty of the Secretary and any assistant secretaries to make all necessary arrangements for the proper and expeditious determination of references under these Regulations. 3 The Secretary and any assistant secretaries shall carry out their duties under these Regulations in accordance with the general and special directions of the President. References 5 1 A reference under these regulations shall be assigned by the Secretary to a division of the Referees consisting of:— a the President or a chairman who shall preside; b one member selected from those appointed under paragraph (3)(b) of Regulation 3 above; and c one member selected from those appointed under paragraph (3)(c) of the said Regulation. 2 If for any reason it becomes necessary the Secretary may at any time make such substitutions as respects the persons to whom a reference has been assigned as may be appropriate. 3 A reference may, with the consent of both parties, be heard in the absence of any one member of the division other than the President or as the case may be the chairman and in such a case the division shall be deemed to be properly constituted. Procedure 6 The Rules of Procedure contained in the Schedule to these Regulations shall have effect in relation to references. Signed by order of the Secretary of State. Harold Walker Joint Parliamentary Under Secretary of State Department of Employment 31st July 1974