Miscellaneous and supplementaryN.I.
Default powers of Department in relation to proposalsN.I.
27.—(1) The Department may direct an industrial training board to submit to the Department—
(a)proposals under Article 18(1)(a) (proposals for the exercise of the board's functions);
(b)proposals under Article 18(1)(b) (proposals for the delegation of the board's functions to committees);
(c)levy proposals;
(d)remission proposals;
and the board shall comply with any such directions.
(2) In paragraphs (3) to (6) “proposals” means any of the proposals mentioned in paragraph (1).
(3) Where an industrial training board submits to the Department proposals which appear to the Department to be unsatisfactory (whether or not in response to a direction under paragraph (1)), the Department may direct the board to submit fresh proposals within a specified period of time.
(4) A direction under paragraph (3) shall specify in what respects the proposals already submitted appear to the Department to be unsatisfactory.
(5) Where an industrial training board fails to comply within a reasonable time with a direction under paragraph (1), the Department may direct the board to submit proposals to the Department within a specified period of time.
(6) Where an industrial training board—
(a)fails to comply with a direction under paragraph (3) or paragraph (5); or
(b)in response to a direction under paragraph (3) or paragraph (5), submits proposals which appear to the Department to be unsatisfactory,
the Department may make an order declaring the board to be in default.
(7) On the making of an order under paragraph (6) the members of the industrial training board and of any committee appointed by the board shall forthwith vacate their office and the order may contain such provisions as seem to the Department expedient for authorising any person to act in the place of the members of the board, or, as the case may be, of the members of any such committee, during such period, not exceeding six months, as may elapse before new members are appointed.
(8) While an order under paragraph (6) is in force with respect to an industrial training board sub-paragraphs (2) and (3), and any provision made under sub-paragraph (4), of paragraph 2 of Schedule 2 shall not apply to the board, and accordingly (without prejudice to any provision made under paragraph (9)) paragraph 8 of that Schedule shall not apply.
(9) An order under paragraph (6) may contain such incidental or supplementary provisions as appear to the Department to be necessary or expedient.
(10) The Department may defray the expenses of any person acting in place of the members of an industrial training board in pursuance of paragraph (6) and recover from the board any expenses so defrayed.
Power to obtain information from employersN.I.
28.—(1) The Department may, where an industrial training board has been established, require employers in the industry to furnish such returns and other information and to keep such records and produce them for examination on the Department's behalf as appear to the Department to be necessary for the purposes of this Order.
(2) An industrial training board may require employers in the industry to furnish such returns and other information of a kind approved by the Department and to keep such records of a kind approved by the Department and produce them for examination on behalf of the board as appear to the board to be necessary for carrying out its functions.
Para.(3) rep. by 1990 NI 8
(4) Without prejudice to paragraph (1), the Department may direct an industrial training board to exercise the power to require the furnishing of information under paragraph (2) so as to require employers in the industry to furnish to the board, in such form and on such occasions as are specified in the direction, such information as the Department considers that it needs for the purposes of its functions and as is so specified; and it shall be the duty of the board to comply with any such direction.
(5) Subject to paragraph (6), returns and other information furnished in pursuance of paragraphs (1) to (4) and any information obtained on an examination made in pursuance thereof shall not, without the consent of the employer to whose business the returns or information relate, be disclosed otherwise than to—
(a)the Department or an officer of the Department; or
(b)an industrial training board or a committee appointed by such a board, any officer of such a board or committee, or any member or other person entitled to take part in the proceedings of such a board or committee;F1. . .
Sub‐para.(c) rep. by 1990 NI 8
(6) Paragraph (5) shall not apply—
(a)to the disclosure of returns or information in the form of a summary of similar returns or information furnished by or obtained from a number of employers, if the summary is so framed as not to enable particulars relating to any individual business to be ascertained from it;
(b)to any disclosure of information made for the purposes of any legal proceedings pursuant to this Order or any criminal proceedings, whether pursuant to this Order or not, or for the purposes of any report of any such proceedings.
(7) A certificate purporting to be issued by the Department and stating that the Department has approved any kind of information, return or record for the purposes of paragraph (2)F1. . . shall in any legal proceedings be evidence of the facts stated in the certificate.
(8) If any person fails to comply with any requirement made under paragraph (1),[F1 or (2)] he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(9) If any person—
(a)knowingly or recklessly furnishes, in pursuance of any requirement made under paragraph (1),[F1 or (2)], any return or other information which is false in a material particular; or
(b)wilfully makes a false entry in any record required to be produced under paragraph (1),[F1 or (2)] or, with intent to deceive, makes use of any such entry which he knows to be false; or
(c)discloses any such information in contravention of paragraph (5),
he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both, or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
Enterprise ZonesN.I.
29.—(1) No employer shall be liable to any levy imposed under this Order in respect of any establishment situated wholly or mainly within an area designated as an enterprise zone under the [1981 N.I. 15] Enterprise Zones (Northern Ireland) Order 1981; and for the purposes of this paragraph such an establishment shall be treated as if it were not carrying on business.
(2) No levy shall be imposed under this Order by reference to emoluments paid or payable to an employee whose employment is carried on at or from such an establishment as is mentioned in paragraph (1).
(3) An employer shall not be obliged to comply with a requirement imposed byF2. . . an industrial training board under Article 28 (power to obtain information from employers) in respect of an establishment or employee if—
(a)at the time the requirement is imposed the establishment is situated as mentioned in paragraph (1) or, as the case may be, the employee's employment is carried on at or from such an establishment, or
(b)the requirement relates to a period during which the establishment was so situated or, as the case may be, the employee's employment was so carried on.
(4) The Department may by order subject to negative resolution provide that paragraphs (1) to (3) shall not apply in relation to such employees or such establishments as may be specified in the order or shall apply to them with such modifications as may be so specified.
Arts.30,31 rep. by 1996 NI 18
Industrial injuries benefit for accidents in trainingN.I.
32.—(1) In relation to accidents happening to employed earners (within the meaning of[F3 Part V of the Social Security Contributions and Benefits (Northern Ireland) Act 1992]) who attend courses or avail themselves of other facilities provided or approved by the Department,F4. . . or an industrial training board,[F3 sections 98 to 100] of that Act shall have effect subject to the following modifications.
(2) For the purposes of[F3 section 98], an act done by the employed earner for the purposes of and in connection with his training shall, if it is not done for the purposes of and in connection with his employer's trade or business, be deemed to be so done.
(3) For the purposes of[F3 section 99], a vehicle (within the meaning of that section) which is operated by or on behalf of the Department,F4. . . , an industrial training board or some other person by whom it is provided in pursuance of arrangements made with the Department,F4. . . or an industrial training board shall, if not operated and provided as mentioned in subsection (1)(b)(i) of that section, be deemed to be so operated and provided.
(4) For the purposes of[F3 section 100], any premises at which an employed earner is for the time being employed for the purposes of his training shall, if they are not premises at which he is for the time being employed for the purposes of his employer's trade or business be deemed to be such premises.
Other payments for accidents in trainingN.I.
33.—(1) Where it appears to the Department,F5. . . or an industrial training board that any person would have been entitled, by reference to an injury or disease developed by him or another person in consequence of attendance at a course provided or approved by the Department,F5. . . or an industrial training board or in consequence of the use of facilities so provided or approved, to receive any benefit or increase in benefit in pursuance of [F6Parts 2 to 4 of] [F7 the Social Security Contributions and Benefits (Northern Ireland) Act 1992] but for the fact that he or the other person was not at the relevant time an employed earner (within the meaning of[F7 Part V of that Act]), the Department,F5. . . or an industrial training board may make to him payments equal to the whole or part of the benefit or increase in question.
(2) The Department,F5. . . or an industrial training board may make to any person payments by way of travelling and subsistence allowances and, with the approval of the Department of Finance and Personnel, compensation for loss of remunerative time being (in either case) payments which the Department,F5. . . or the board considers are appropriate in connection with the person's attendance at any examination connected with a claim for payments under paragraph (1).
F6Words in art. 33(1) inserted (1.6.2016 for specified purposes, 31.10.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 72(2); S.R. 2016/234, arts. 2(3)(b), 3(2)(c)
Article 34—Amendments
Article 35—Repeals and revocation