[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/eatai1950409.txt

[New search] [Help]

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - LONG TITLE

An Act to make provision with respect to employment and the
training of persons for employment; and for purposes connected
therewith.
[21st December 1950]
General functions of Ministry as to employment and training for
employment.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 1

1.(1) Subject to the provisions of this Act, the Ministry of Labour
and National Insurance (in this Act referred to as "the Ministry")
may provide such facilities and services as it considers expedient
for the purpose of assisting persons to select, fit themselves for,
obtain and retain employment suitable to their age and capacity, of
assisting employers to obtain suitable employees, and generally for
the purpose of promoting employment in accordance with the
requirements of the community.

(2) For the purpose of advising and assisting it in the performance
of its functions under this Act, the Ministry may appoint such
advisory committees as it thinks fit, and any such committee may be
appointed either in respect of the whole of Northern Ireland or in
respect of any area therein.

(3) The Ministry may make regulations with respect to the
constitution and functions of any such advisory committee as
aforesaid.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 2
Employment exchanges and employment services.

2.(1) The Ministry may establish and maintain, in such places as it
thinks fit, employment exchanges, that is to say, offices or places
for the collection and furnishing of information, either by the
keeping of registers or otherwise, respecting persons who seek to
engage employees and persons who seek employment.

(2) Without prejudice to the provisions of the last foregoing
sub-section, the Ministry may make such arrangements as it considers
expedient, whether by means of employment exchanges or otherwise, for
the collection and furnishing of information, and the provision of
advice, guidance or other services for persons of any class (whether
employed or not) for any of the purposes mentioned in section one
of this Act.

(3) Subject to the approval of the Ministry of Finance, the
Ministry may defray or contribute towards expenditure incurred by any
local authority under any enactment other than this Act in the
provision of any such services as are mentioned in the last
foregoing sub-section, and may make such contributions as it may,
with the consent of the Ministry of Finance, determine towards the
funds of any voluntary association having among its objects the
provision of any such services.

(4) The Ministry may make regulations with respect to the management
of employment exchanges provided by it under this section, and
otherwise with respect to the exercise of its functions thereunder.

(5) No person shall be disqualified or otherwise prejudiced in
respect of facilities provided at any employment exchange as
aforesaid on account of his refusal to accept employment found for
him through such an exchange if the ground of his refusal is that
a trade dispute which affects his trade exists, or that the wages
offered are lower than those current in the trade in the district
where the employment is found.

(6) Subject to the approval of the Ministry of Finance, the
Ministry may, in such cases and subject to such conditions as it
thinks fit, make payments by way of grant or loan to persons
travelling to or attending at any employment exchange or other place
for the purpose of availing themselves of services provided under
this section, and may pay to medical practitioners, in respect of
the examination of persons availing themselves of such services, such
fees as it may determine.

(7) If any person, for the purpose of obtaining employment or
procuring employees, knowingly or recklessly makes any false statement
or false representation to an officer of any employment exchange
provided by the Ministry under this section, or to any person
acting for or for the purposes of any such exchange, he shall
(without prejudice to his liability under any other enactment) be
guilty of an offence and liable on summary conviction to a fine
not exceeding twenty pounds.

(8) The Ministry shall, so far as practicable, make arrangements
with employers for the notification by them to employment exchanges
of situations in their employment which are or are about to become
vacant.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 3
Provisions as to training for employment.

3.(1) The Ministry may provide such training courses for persons,
whether employed or not, who are above the upper limit of
compulsory school age as it thinks necessary or expedient for any
of the purposes mentioned in section one of this Act.

(2) For the purposes aforesaid, the Ministry may, in such cases and
subject to such conditions as it may with the approval of the
Ministry of Finance determine, defray or contribute towards the cost
of training courses provided (whether in Northern Ireland or
elsewhere) by any other authority or person for any such persons as
are mentioned in the last foregoing sub-section.

(3) References in this section to the provision of a training
course shall be construed as including references

(a)to the making of payments to persons who attend at any such
course, in respect of their maintenance or in respect of their
travelling expenses;

(b)to the provision of residential accommodation, board and facilities
for recreation and welfare for such persons;

(c)to the provision of any other facilities or services incidental
to the purposes of the course.

(4) Without prejudice to the foregoing provisions of this section,
where, in pursuance of arrangements made with the Ministry, provision
is made by an employer for the training of persons in his
employment, the Ministry may, with the approval of the Ministry of
Finance, make any payment or provide any facility or service to or
for the benefit of those persons which it could make or provide if
they were attending at a training course provided by the Ministry
under this section.

Subs.(5) spent; subs.(6) rep. by 1980 NI 8 art.16 sch.4 Pt.I

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 4
Schemes for promoting regularity of employment.

4.(1) Where any scheme for promoting greater regularity of employment
in any industry is approved by the Ministry on the joint
application of an organisation representing employers and an
organisation representing workmen in that industry, the Ministry may,
in accordance with arrangements made with the consent of the
Ministry of Finance, assist the administration of the scheme by
attaching officers of the Ministry to help in the administration
thereof, and by such other means as the Ministry thinks fit.

(2) The Ministry may, in accordance with such arrangements as
aforesaid, issue on behalf of employers to persons to whom any such
scheme applies any sums payable to those persons whether by way of
wages or otherwise:

Provided that any arrangements making provision for the issue of any
such sums shall also make provision for paying to the Ministry any
sums so issued by it and any expenses incurred by it which are
attributable to the scheme.

(3) If an organisation representing employers and an organisation
representing workmen in any industry make to the Ministry a joint
representation as to any difficulty in the operation of any scheme
for promoting greater regularity of employment in the industry or in
making any further scheme for that purpose for the industry, the
Ministry may appoint one or more than one person to hold an
inquiry into the circumstances giving rise to the difficulty and to
make a report to the Ministry with respect thereto.

(4) The fee to be paid by the Ministry to any person holding such
an inquiry as aforesaid shall be such as the Ministry may with the
consent of the Ministry of Finance direct.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 5
Payments towards cost of removal and resettlement of workers.

5.(1) Subject to the approval of the Ministry of Finance, the
Ministry may, for the purposes of its functions under section one
of this Act, make provision by way of grant or loan or otherwise

(a)for facilitating the removal of any persons, with or without
their dependants, to or from any place in Northern Ireland for the
purpose of obtaining employment;

(b)for the maintenance and welfare of persons so removed in the
course of their removal or pending their resettlement, and, in the
case of persons removed to any place in Northern Ireland, for their
resettlement;

(c)where any persons removed as aforesaid for the purpose of
obtaining employment fail to obtain employment, or employment obtained
by persons so removed comes to an end, for facilitating the further
removal of those persons, with or without their dependants, to any
place whether in Northern Ireland or elsewhere.

(2) Where an industrial undertaking (in this sub-section referred to
as "the new undertaking") is being established in Northern Ireland
by way of extension of, or in connection with, or by way of the
transfer of the whole or part of, another industrial undertaking,
wherever carried on, and on an application made in that behalf the
Ministry is satisfied

(a)that the new undertaking is likely to create employment in
Northern Ireland; and

(b)that the transfer of any person to employment in the new
undertaking from employment in the other undertaking will facilitate
the establishment of the new undertaking;

(i)such transfer of employment as if it were the obtaining of
employment; and

(ii)the cesser of employment of that person in the new undertaking
as if it were the coming to an end of employment, notwithstanding
that such cesser is for the purpose of enabling that person to
continue in employment elsewhere.

(3) Where any payment by way of loan has been made by the
Ministry under this section to or in respect of any person, [who
satisfies the contribution conditions set out in paragraph 1 of
Schedule 3 to [the Social Security (Northern Ireland) Act, 1975]],
on account of expenses of travelling to any place for the purpose
of obtaining employment, [the Department of Health and Social
Services] may, whether or not that person obtains employment at that
place, repay out of the Northern Ireland National Insurance Fund
such part of the advance as may be prescribed by regulations made
by [the Department of Health and Social Services] with the consent
of the Ministry of Finance; and except as provided by the following
provisions of this section, any sum so repaid out of the Northern
Ireland National Insurance Fund shall not be recoverable from the
person to whom the loan was made.

(4) If, in the event of employment being found for a person to or
in respect of whom any such payment as is mentioned in the last
foregoing sub-section has been made, that person either fails without
reasonable excuse to enter on that employment, or within seven days
of entering on it, leaves that employment without reasonable excuse,
the sum repaid under the last foregoing sub-section out of the
Northern Ireland National Insurance Fund may be recovered from him
or deducted from any unemployment benefit, sickness benefit
[invalidity benefit or retirement pension under [the Social Security
(Northern Ireland) Act 1975]], which may thereafter become payable to
him.

(5) Any sums recoverable under the last foregoing sub-section may,
without prejudice to any other remedy, be recovered by the Ministry
summarily as a civil debt and any sums recovered under that
sub-section shall be paid into the Northern Ireland National
Insurance Fund.

S.5A rep. with saving by 1978 c.6 s.3(1)(7)

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 6
Existing powers.

6.(1) The powers conferred on the Ministry by this Act shall be
additional to and not in substitution for any powers exercisable by
the Ministry or by any other authority under any other enactment.

Subs.(2) spent

Expenses.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 7

7.(1) Subject to the provisions of this Act with respect to
payments to be made out of the Northern Ireland National Insurance
Fund, there shall be paid out of moneys provided by Parliament, to
such amount as may be sanctioned by the Ministry of Finance

(a)any expenditure of the Ministry under this Act;

(b)such expenses or allowances payable to the members of any
advisory committee appointed under this Act, or of any sub-committee
thereof, as the Ministry may with the consent of the Ministry of
Finance determine.

(2) Any sums paid out of the Northern Ireland National Insurance
Fund in respect of expenditure of the Ministry under this Act shall
be paid as an appropriation in aid of moneys provided by Parliament
for that expenditure.

Subs.(3) spent

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 8
Prosecution of offences.

8. Proceedings for any offence under this Act shall not be
instituted except by or with the consent of the Ministry or by an
officer authorised in that behalf by special or general directions
of the Ministry.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 9
Regulations.

9.(1) The Ministry may make regulations for prescribing anything
which under this Act is to be prescribed.

(2) All regulations made by the Ministry under this Act shall, as
soon as may be after they are made, be laid before each House of
Parliament. If either House of Parliament within the statutory period
next after the day on which any such regulation has been laid
before such House resolves that the regulation shall be annulled,
the regulation shall after the date of the resolution become void,
but without prejudice to the validity of anything previously done
thereunder or to the making of a new regulation.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 10
Interpretation.

10.(1) In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them, that
is to say:

"industry" means any class or classes of establishments or
undertakings or branches or departments of establishments, or
undertakings, or any class or classes of such establishments,
undertakings, branches or departments in any area, which the Ministry
may determine to be an industry for the purposes of this Act;

"training course" includes a course of instruction or course of
occupation;

"upper limit of compulsory school age" means the age at which under
the law for the time being in force the parents of a person cease
to be under an obligation to cause him, unless there is some
reasonable excuse, to attend school; and

"voluntary association" includes any company which is required by its
constitution to apply its profits, if any, or other income in
promoting its objects and prohibited thereby from paying any dividend
or making any other distribution of funds or assets to its members.

Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch.

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 11
Repeals.

11.Subs.(1) rep. by SLR (NI) 1954

(2) Any regulations made under the Labour Exchanges Act, 1909, and
any rules or other instruments having effect by virtue of such
regulations, shall, if in force immediately before the commencement
of this Act, continue in force and have effect as if the
regulations had been made under the corresponding provisions of this
Act, and may be amended or revoked accordingly.

Subs.(3) rep. by 1962 c.9 (NI) s.15(4) sch.4 Pt.I

EMPLOYMENT AND TRAINING ACT (NORTHERN IRELAND) 1950 - SECT 12
Short title.

12. This Act may be cited as the Employment and Training Act
(Northern Ireland), 1950.

Schedule rep. by SLR (NI) 1954