PART III

Industrial Training

Chapter I

Grants, Loans and Levies

19. —(1) Subject to subsection (2) of this section An Chomhairle may, out of moneys at its disposal and subject to such terms and conditions as it thinks fit, make grants or loans to persons providing courses or other training facilities approved by An Chomhairle.

(2) A grant under this section shall not exceed the amount which the Minister shall, with the consent of the Minister for Finance, specify for the purposes of this section from time to time and different amounts may be so specified in relation to different courses and different facilities.

(3) Notwithstanding subsection (1) of this section, a grant out of moneys kept in an account mentioned in subsection (1) of section 21 of this Act shall only be made in case—

(a) the person to whom it is intended to make the grant is carrying on a designated industrial activity, and

(b) the grant is being made on a basis with respect to which the relevant industrial training committee (if any) has previously been consulted.

20. —(1) Subject to subsection (2) of this section An Chomhairle may, out of moneys at its disposal and subject to such terms and conditions as it thinks fit, make grants for the training, either in the State or elsewhere, of workers for the purpose of an industrial undertaking, if An Chomhairle is satisfied that—

(a) financial assistance is necessary to ensure the establishment of the undertaking, and

(b) the undertaking is of a reasonably permanent nature and will be carried on efficiently.

(2) (a) A grant under this section shall not exceed the amount which the Minister shall, with the consent of the Minister for Finance, specify for the purposes of this section from time to time and particular amounts may be so specified in relation to industrial undertakings of a particular class.

(b) A grant under this section for the training of workers in a skilled process of an industrial undertaking in an undeveloped area shall be made neither before the coming into effect of the repeal by this Act of section 7 of the Undeveloped Areas Act, 1952 , nor in relation to workers in respect of whose training in the process a grant was made under the said section 7.

(c) A grant under this section for the training of workers in a skilled process of an industrial undertaking in an area other than an undeveloped area shall be made neither before the coming into effect of the repeal by this Act of section 5 of the Industrial Grants (Amendment) Act, 1963 , nor in relation to workers in respect of whose training in the process a grant was made under the said section 5.

(d) A grant under this section for the training of workers for the purpose of an industrial undertaking at the airport shall be made neither before the coming into effect of the amendment by this Act of subsection (2) of section 9 of the Shannon Free Airport Development Company Limited Act, 1959 , nor in relation to workers in respect of whose training for the purpose of the undertaking a grant was made by the Shannon Free Airport Development Company Limited.

(3) This section shall come into operation on such day as may be fixed therefor by order of the Minister.

(4) After the coming into effect of the amendment mentioned in paragraph (d) of subsection (2) of this section, the Shannon Free Airport Development Company Limited shall not make a grant for the training of workers for the purpose of an industrial undertaking at the airport.

(5) In this section—

“airport” has the same meaning as in section 1 of the Shannon Free Airport Development Company Limited Act, 1959 ;

“industrial undertaking” includes an undertaking in existence at the passing of this Act;

“undeveloped area” means an area to which the Undeveloped Areas Acts, 1952 to 1963, apply.

21. —(1) For the purposes of meeting the expenses in relation to the performance, as respects a designated industrial activity, of its functions under this Act, An Chomhairle may, after consultation with the relevant industrial training committee (if any), make an order (in this Act referred to as a levy order) imposing a levy on the employers in the activity, other than such employers (if any) as may be exempted by the levy order, and whenever a levy order is made there shall be paid in accordance with the levy order to An Chomhairle by each such employer on whom it is imposed a levy of such amount as may be appropriate having regard to the provisions of the levy order, and the moneys received for and on account of the levy by An Chomhairle shall be kept by An Chomhairle in a separate account.

(2) A levy order shall give any employer assessed to the levy a right of appeal to an appeal tribunal constituted under section 22 of this Act and in addition may make provisions with respect to the following matters:

(a) the exemption of employers of a particular class or description from the provisions of the order;

(b) the imposition of a levy of a specified class or at a specified rate on employers;

(c) the evidence by which an employer's liability to the levy or his discharge of that liability may be established; and

(d) the time or times at which a levy shall become due and payable to An Chomhairle.

(3) Subject to subsection (4) of this section, An Chomhairle may, after consultation with the relevant industrial training committee (if any) and with the consent of the Minister, by order amend or revoke a levy order or an order under this subsection.

(4) Where a levy order is intended to be made or amended by An Chomhairle, a draft of the order or amendment, as the case may be, shall be sent by An Chomhairle to the Minister, and the order or amendment shall not be made until the Minister has approved of the draft.

(5) Every sum payable by an employer to An Chomhairle under this section for or on account of a levy imposed by a levy order shall be a simple contract debt due to An Chomhairle and shall be recoverable accordingly by An Chomhairle from the employer in any court of competent jurisdiction.

(6) Every levy order or order under subsection (3) of 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 twenty-one days in 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 thereunder.

22. —(1) The Minister shall make regulations providing for the establishment of a tribunal or tribunals to determine appeals by employers assessed to any levy imposed under this Act and such regulations may include—

(a) provision as to the procedure to be followed on such an appeal;

(b) provision for summoning persons to attend and give evidence and produce documents; and

(c) provision for authorising the administration of oaths to witnesses.

(2) If, on an appeal, the appellant satisfies a tribunal established in accordance with regulations under this section that he ought not to have been assessed to the levy or ought to have been assessed in a smaller amount, the tribunal shall rescind, or as the case may be, reduce the assessment, but in any other case shall confirm it, and any decision of the tribunal shall be final.

(3) A person who is a member of a tribunal established in accordance with regulations under this section shall be paid, out of moneys provided by the Oireachtas, such fee for attendance at meetings of the tribunal and such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, determines.

(4) Every regulation made 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 regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.