No. 616/1935:

HOUSE PAINTING AND DECORATING TRADE (CONSTITUTION OF APPRENTICESHIP COMMITTEE) REGULATIONS, 1935.

HOUSE PAINTING AND DECORATING TRADE (CONSTITUTION OF APPRENTICESHIP COMMITTEE) REGULATIONS, 1935.

THE HOUSE PAINTING AND DECORATING TRADE (CONSTITUTION OF APPRENTICESHIP COMMITTEE) REGULATIONS, 1935, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 14TH DAY OF OCTOBER, 1935, PURSUANT TO SUB-SECTION (1) OF SECTION 38, SUB-SECTION (4) OF SECTION 4 AND SUB-SECTION (4) OF SECTION 6 of THE APPRENTICESHIP ACT, 1931 .

WHEREAS by the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, the particular trade mentioned in that Order has been declared to be a designated trade for the purposes of the said Act throughout Saorstát Eireann ;

AND WHEREAS by the Apprenticeship Act (House Painting and Decorating Trade) Apprenticeship District Order, 1935, the whole of Saorstát Eireann has been constituted to be an apprenticeship district for the purposes of the said designated trade ;

AND WHEREAS the said designated trade is not a Trade Board trade ;

AND WHEREAS it is enacted by sub-section (1) of section 38 of the Apprenticeship Act, 1931 , that the Minister for Industry and Commerce may make regulations in relation to any matter or thing referred to in that Act as prescribed or to be prescribed ;

AND WHEREAS various matters or things are referred to as prescribed or to be prescribed in sub-section (1) of section 4 of the Apprenticeship Act, 1931 ; and it is also enacted by sub-section (4) of the said section 4 that the Minister for Industry and Commerce may by regulations make provision for any matter or thing relating to the constitution of apprenticeship committees which is not provided for by the said section, and may by such regulations make different such provision in respect of different classes of such committees; and it is also enacted by sub-section (4) of section 6 of the said Act that the Minister for Industry and Commerce may by regulations made by him under the said Act prescribe the procedure to be observed at meetings of apprenticeship committees ;

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by sub-section (1) of section 38, sub-section (4) of section 4 and sub-section (4) of section 6 of the Apprenticeship Act, 1931 , and of all and every other power him in this behalf enabling, does hereby make the following regulations, that is to say :—

1. These regulations may be cited for all purposes as the House Painting and Decorating Trade (Constitution of Apprenticeship Committee) Regulations, 1935.

2. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations

the expression " the Act " means the Apprenticeship Act, 1931 ;

the expression " the Minister " means the Minister for Industry and Commerce ;

the expression " apprenticeship committee " means the apprenticeship committee established for the particular trade declared by the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, to be a designated trade for the purposes of the said Act in the area constituted by the Apprenticeship Act (House Painting and Decorating Trade) Apprenticeship District Order, 1935, to be an apprenticeship district for the purposes of such designated trade ; and the expression " designated trade " means the said particular trade ; and the expression " apprenticeship district " means the said apprenticeship district.

Other expressions have the like meaning as they have in the Act.

4. (a) The apprenticeship committee shall consist of appointed members as well as of representative members ;

(b) the number of such representative members shall be 16 ;

(c) the number of such appointed members shall be 2 ;

(d) the time and method of selection of such representative members shall be as follows, that is to say :—

(I) The Minister shall, as soon as may be convenient after the making of these regulations, invite any organisation or organisations that may appear to him to be representative of the employers engaged in the designated trade in the apprenticeship district to submit to him names of persons for appointment as members representative of such employers and shall, after consideration of the names (if any), so submitted within thirty days after the date of such invitation, appoint such persons to be the members representative of such employers as he considers suitable to represent the interests of such employers.

If it appears to the Minister that there is no organisation or that there are no organisations representative of the employers engaged in the designated trade in the apprenticeship district, the Minister shall, so soon as may be convenient after the making of these regulations, appoint such persons to be the members representative of such employers as he considers suitable to represent the interests of such employers.

(II) The Minister shall, so soon as may be convenient after the making of these regulations, invite any organisation or organisations that may appear to him to be representative of the employees engaged in the designated trade in the apprenticeship district to submit to him names of persons for appointment as members representative of such employees and shall, after consideration of the names (if any) so submitted within thirty days after the date of such invitation, appoint such persons to be the members representative of such employees as he considers suitable to represent the interests of such employees.

If it appears to the Minister that there is no organisation or that there are no organisations representative of the employees engaged in the designated trade in the apprenticeship district, the Minister shall, so soon as may be convenient after the making of these regulations, appoint such persons to be the members representative of such employees as he considers suitable to represent the interests of such employees.

(e) (i) Each of the appointed members of the apprenticeship committee shall hold office for 3 years.

(ii) Each of the representative members of the apprenticeship committee shall hold office for 3 years.

5. The Chairman of the apprenticeship committee shall be such member of the Committee as the Minister may appoint. The Chairman shall hold office during the pleasure of the Minister.

6. (i) Any member of the apprenticeship committee representing employers who ceases to be an employer and becomes an employee in the designated trade shall vacate his seat. Any member representing employees who ceases to be an employee and becomes an employer in the designated trade shall vacate his seat. The question of fact shall in each case be determined by the Minister.

(ii) Any member of the apprenticeship committee who, in the opinion of the Minister fails without reasonable cause to attend one-half of the total number of meetings in a calendar year shall vacate his seat.

(iii) A vacancy among members of the apprenticeship committee shall be filled in the same manner as in the case of the original appointment to the vacated seat.

(iv) (a) Subject as hereinafter provided, every member of the apprenticeship committee shall have one vote ;

(b) If at any meeting of the apprenticeship committee the numbers of members present representing employers and employees are unequal, it shall be open to the side which is in the majority to arrange that one or more of its members shall refrain from voting so as to preserve equality. Failing such arrangement the chairman, or in his absence, the member of the apprenticeship committee who is chairman of the meeting may, if he thinks it desirable, adjourn the voting on any question to another meeting of the apprenticeship committee ;

(c) The Chairman, or, in his absence, the member of the apprenticeship committee who is chairman of the meeting, shall have a second or casting vote on any question on which the voting is otherwise equal.

(v) The apprenticeship committee shall be styled " The Apprenticeship Committee for the House Painting and Decorating Trade. "

7. (i) The apprenticeship committee shall meet at such places and times as the committee may, from time to time, determine to be most suitable for the discharge of its functions under the Act ; and the committee may, from time to time, adjourn any of its meetings.

(ii) The apprenticeship committee shall, save as provided by the Act and these regulations, observe such procedure at its meetings as it may determine to be most suitable for the discharge of its functions under the Act.

By Order of the Minister for Industry and Commerce. Dated this 14th day of

October, 1935.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.