Statutory Instruments

S.I. 159 of 2006

European Communities (Statistics) (National Employment Survey) Regulations 2006

I, Bertie Ahern, Taoiseach, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Regulation (EC) No. 1552/2005 of the European Parliament and of the Council of 7 September 2005¹ , hereby make the following regulations:

1.         (1)        These Regulations may be cited as the European Communities (Statistics) (National Employment Survey) Regulations 2006.

(2)        In these Regulations -

-�Act-� means Statistics Act 1993 (No. 21 of 1993);

-�Director General-� means Director General of the Office;

-�enterprise-� has the meaning given to it by Regulation (EC) No. 1552/2005 of the European Parliament and of the Council of 7 September 2005¹ ;

-�Office-� means Central Statistics Office;

-�survey-� means National Employment Survey 2006 to be carried out by the Office during the year 2006.

2.        These Regulations apply to enterprises to which Regulation (EC) No. 1552/2005 of the European Parliament and of the Council of 7 September 2005 applies which are classified for statistical purposes under sections C, D, E, F, G, H, I, J, K and O of NACE Rev. 1, set out in the Annex to Council Regulation (EEC) No. 3037/90 of 9 October 1990² , as amended by Commission Regulation (EEC) No. 29/2002 of 19 December 2001³ , which have 10 or more employees and which are required by the Office to participate in the survey.

3.        An enterprise to which these Regulations apply is required to provide to the Office, within the period specified by the Director General, information, the general nature of which is specified in the Schedule. The said information is to be provided in relation to the years 2004, 2005 and 2006, and a reference period in March 2006, as appropriate, as required by the forms and questionnaires referred to in Regulation 4(a).

4.        An enterprise required by virtue of these Regulations to provide information to the Office shall provide such information -

(a)        by the completion of forms and questionnaires prepared by the Director General in accordance with section 23 of the Act, and

(b)        where directions under section 26 of the Act have been given to the enterprise, in accordance with those directions.

5.        An enterprise required by virtue of these Regulations to provide information to the Office shall be deemed to comply with that obligation where, with the consent of the Director General, the information is furnished by electronic means in a format or manner approved by the Director General.

6.        (1)      Everything that may be done under Part III (other than section 25) of the Act in respect of the collection of information or Part IV of the Act in respect of the use of records of public authorities for statistical purposes under the Act may be done for the purposes of these Regulations and the Act is to be read accordingly.

(2)      Reference in the Act to a requirement made, including a direction delivered pursuant to section 26, under the Act is to be read as including a reference to a requirement under these Regulations.

(3)      An officer of statistics under the Act is also such an officer for the purposes of these Regulations.

(4)      Sections 36 to 43 and, in so far as it relates to those sections, section 3, of the Act apply, with any necessary modifications, to these Regulations, and references in those sections to any provision of the Act shall, unless the context otherwise requires, be read as references to the corresponding provision of these Regulations.

7.        (1)      An enterprise which fails to comply with Regulation 3 or 4 commits an offence, and is liable on summary conviction to a fine not exceeding €5,000.

(2)  A person who commits an offence to which Regulation 6(4) relates is liable on summary conviction to a fine not exceeding €5,000.

SCHEDULE

Information relating to -

(a)        the enterprise's training policies and practices,

(b)        the enterprise's training activities,

(c)        the costs and funding of the enterprise's training activities, and

(d)        the participants in the enterprise's training for apprentices and trainees.

¹ OJ No. L255, 30.9.2005, p.1.

¹ OJ No. L255, 30.9.2005, p.1.

² OJ No. L293, 24.10.1990, p.1.

³ OJ No. L6, 10.01.2002, p.3.