Apprenticeship Act, 1959

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Apprenticeship districts and apprenticeship committees.

22.—(1) Where An Chomhairle makes an order under section 21 of this Act declaring a trade to be a designated trade in an area, An Chomhairle shall by another order forthwith—

(a) either constitute the area to be an apprenticeship district for the purposes of the trade or divide the area into two or more apprenticeship districts for the purposes of the trade, and

(b) with respect to such district or each of such districts, establish, unless An Chomhairle considers that it would be impracticable to do so, an apprenticeship committee for the district to perform the functions assigned to an apprenticeship committee by this Act.

(2) Where an order under subsection (1) of this section does not establish an apprenticeship committee for a particular apprenticeship district, An Chomhairle may at any subsequent time by order establish an apprenticeship committee for the district to perform the functions assigned to an apprenticeship committee by this Act.

(3) An order under this section shall, as respects an apprenticeship committee established by it—

(a) provide that the committee shall consist of a chairman and a specified number of ordinary members,

(b) provide that An Chomhairle shall appoint a person to be the chairman of the committee and that he shall be a person who is not representative of either workers' or employers' interests,

(c) provide that the ordinary members shall include a specified number of workers' members, a specified number of employers' members (which shall be equal to the specified number of workers' members) and a specified number of educational members,

(d) provide that An Chomhairle shall—

(i) after consultation with the Minister, designate, in respect of each workers' member, an organisation representative of trade unions of workers to nominate a person for appointment as a workers member and shall appoint the person so nominated to be a workers' member,

(ii) after consultation with the Minister, invite organisations representative of employers to nominate persons for appointment as employers' members and shall appoint the appropriate number specified in the order of the persons so nominated to be the employers' members,

(iii) after consultation with such educational bodies as An Chomhairle considers suitable, appoint the appropriate number of persons specified by the order to be the educational members,

(e) provide for the term of office of the members,

(f) provide that a member whose term of office expires by effluxion of time shall be eligible for re-appointment,

(g) provide that An Chomhairle may remove a member from office,

(h) provide that a member may resign his office as member by letter addressed to An Chomhairle and that the resignation shall have effect as on and from the date of the receipt of the letter by An Chomhairle,

(i) provide that a member shall be disqualified from holding office and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State,

(j) provide that, where a casual vacancy occurs among the workers' members, An Chomhairle shall, after consultation with the Minister, designate an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy and that An Chomhairle shall appoint the person so nominated to fill the vacancy,

(k) provide that, where a casual vacancy occurs among the employers' members, An Chomhairle shall, after consultation with the Minister, invite organisations representative of employers to nominate persons for appointment to fill the vacancy and that An Chomhairle shall appoint a person from among the persons so nominated to fill the vacancy,

(l) provide that, where a casual vacancy occurs among the educational members, An Chomhairle shall, after consultation with such educational bodies as An Chomhairle considers suitable, appoint a person to fill the vacancy,

(m) provide that a person appointed under the provision made under paragraph (j), (k) or (l) of this subsection shall hold office for the remainder of his predecessor's term,

(n) provide that at a meeting of the committee—

(i) the chairman shall, if present, be chairman of the meeting,

(ii) if and so long as the chairman is not present or the office of chairman is vacant, the members who are present shall choose one of their number to be chairman of the meeting,

(o) provide that the chairman, each workers' member and each employers' member at a meeting of the committee shall have a vote,

(p) provide that an educational member at a meeting of the committee shall not, except where such member is chairman of the meeting, have a vote,

(q) provide that, if at any meeting of the committee the group of workers' members does not equal in number the group of employers' members present—

(i) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,

(ii) if no such arrangement is made, the chairman or, in his absence, the person who is chairman of the meeting, may adjourn the voting on any question to another meeting of the committee,

(r) provide that, subject to the provisions of the order, the committee shall regulate, by standing orders or otherwise, the procedure and business of the committee,

(s) provide for such other matters as An Chomhairle considers necessary for the proper performance of its functions by the committee.

(4) The chairman of an apprenticeship committee shall be paid, out of moneys at the disposal of An Chomhairle, such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, determines and, in the absence of the chairman from a meeting of the committee, the fee that would be payable to him may, if An Chomhairle thinks fit, be paid to the person who acts as chairman of the meeting.

(5) Each member of an apprenticeship committee shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

(6) An Chomhairle may appoint one of its officers to act as secretary of an apprenticeship committee.