S.I. No. 166/1970 - Industrial Training Levy (Appeal Tribunal) Regulations, 1970.

S.I. No. 166 of 1970.

INDUSTRIAL TRAINING LEVY (APPEAL TRIBUNAL) REGULATIONS, 1970.

I, JOSEPH BRENNAN, Minister for Labour, in exercise of the powers conferred on me by section 22 of the Industrial Training Act, 1967 (No. 5 of 1967), hereby make the following regulations:

1. These Regulations may be cited as the Industrial Training Levy (Appeal Tribunal) Regulations, 1970.

2. In these Regulations—

" assessment notice " means a notice of an assessment made pursuant to a levy order;

" An Chomhairle " means An Chomhairle Oiliúna;

"levy order" has the meaning assigned to it by section 21 of the Industrial Training Act, 1967 (No. 5 of 1967);

" the Minister " means the Minister for Labour;

" the Tribunal " means the tribunal established by Regulation 3 of these Regulations.

3. There is hereby established a tribunal to determine appeals by employers assessed to a levy under the Industrial Training Act, 1967 (No. 5 of 1967).

4. (1) The Tribunal shall consist of—

( a ) a chairman who shall be a barrister or solicitor and who, prior to his appointment, shall have had not less than seven years' experience as a practising barrister or practising solicitor;

( b ) not more than 3 vice-chairmen, and

( c ) neither less than 12 nor more than 24 ordinary members.

(2) Subject to paragraph (3) of this Regulation, the members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

(3) The appointments of the ordinary members of the Tribunal shall—

( a ) as to one half of those members, be of persons nominated for that purpose by an organisation representative of trade unions of workers, and

( b ) as to the other half of those members, be from among persons nominated for that purpose by a body or bodies representative of employers.

(4) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.

(5) ( a ) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.

( b ) A member of the Tribunal may be removed from office by the Minister.

(6) ( a ) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member who is a person mentioned in paragraph (3) (a) of this regulation, the vacancy shall be filled by the Minister by appointment in the manner specified in that paragraph.

( b ) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member who is a person described in paragraph (3) (b) of this regulation, the vacancy shall be filled by the Minister by appointment in the manner specified in that paragraph.

(7) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, died or was removed from office.

(8) A vice-chairman of the Tribunal shall act as chairman thereof when so required by the chairman or the Minister and when so acting shall have all the powers of the chairman.

(9) Whenever the chairman of the Tribunal is of opinion that, for the speedy dispatch of the business of the Tribunal, it is expedient that the Tribunal should act by divisions, he may direct accordingly and, until he revokes his direction—

( a ) the Tribunal shall be grouped into such number of divisions as is specified in the direction;

( b ) the chairman of the Tribunal shall assign to each division of the Tribunal the business to be transacted by it, and

( c ) for the purpose of the business so assigned to it, each such division shall have all the powers of the Tribunal and the chairman of the division shall have all the powers of the chairman of the Tribunal and references in these Regulations to the Tribunal and the chairman of the Tribunal shall, where appropriate, be construed as including references to a division of the Tribunal and the chairman of such a division respectively.

(10) Each division of the Tribunal shall consist of either the chairman or a vice-chairman of the Tribunal, who shall be the chairman of the division, an ordinary member of the Tribunal who is a person mentioned in the said paragraph (3) (a) and an ordinary member of the Tribunal who is a person described in the said paragraph (3) (b).

(11) The Minister may, with the consent of the Minister for Finance, appoint such officers and servants of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such officers and servants shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

5. When an employer desires to appeal to the Tribunal, he shall give notice in writing to the Tribunal of the appeal and the notice of appeal shall be in the form contained in the Schedule to these Regulations.

6. (1) Every notice of appeal shall be accompanied by a statement of the facts and contentions on which the appellant intends to rely.

(2) On receipt of notice of appeal the Tribunal shall forward a copy of the notice to An Chomhairle.

7. (1) An appellant may withdraw an appeal by sending notice in writing of the withdrawal to the Tribunal.

(2) On receipt of notice of withdrawal of an appeal, the Tribunal shall forward a copy of the notice to An Chomhairle.

8. (1) Subject to paragraph (3) of this Regulation, in case An Chomhairle receives from the Tribunal a copy of a notice of appeal, An Chomhairle shall, within the period of 21 days beginning on the day on which the copy of the notice of appeal is so received, send to the Secretary of the Tribunal a statement in writing indicating whether it intends to contest the appeal to which the notice relates and in case it intends to contest the appeal, to what extent are admitted or disputed the facts and contentions advanced by the appellant.

(2) Unless in relation to an appeal An Chomhairle complies with the requirement of paragraph (1) of this Regulation, it shall neither be entitled to take any part in the appeal proceedings nor to be represented thereat.

(3) An Chomhairle may, within the period mentioned in paragraph (1) of this Regulation, apply to the Tribunal for an extension of the time within which to comply with the requirement of that paragraph.

(4) When the Secretary of the Tribunal receives a statement from An Chomhairle pursuant to this Regulation, he shall forthwith send a copy of the statement to the appellant.

9. The Tribunal may require any party to an appeal to furnish in writing further particulars with regard to the facts and contentions contained in a notice or statement referred to in these Regulations and when the required particulars have been received by the Secretary of the Tribunal from a party to an appeal he shall furnish the other party to the appeal with a copy of the particulars.

10. (1) The Chairman shall fix a date, time and place for the hearing of an appeal and reasonable notice thereof shall be given to the appellant, to An Chomhairle and to any other person appearing to be concerned in the appeal.

(2) The Tribunal may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Tribunal or to produce any documents in his possession, custody or control which relate to any such matter.

(3) The hearing of an appeal by the Tribunal shall take place in public unless the Tribunal determines, on the application of either party to the appeal, to hear the appeal in private.

(4) ( a ) An appellant shall be entitled to appear at the hearing by the Tribunal of his appeal and may be heard in person or be represented by counsel or by a solicitor or, with the leave of the Tribunal, by any other person.

( b ) An Chomhairle may appear at such a hearing and may be represented by any member or officer thereof or by counsel or by a solicitor or, with the leave of the Tribunal, by any other person.

( c ) Any other person who, in the opinion of the Tribunal, should be allowed to be heard on the appeal, may appear at the hearing and may be heard in person or be represented by counsel or by a solicitor or, with the leave of the Tribunal, by any other person.

(5) Parties to proceedings before the Tribunal shall be entitled to make opening and closing statements, to call witnesses, to cross-examine any witnesses called by any other party and with the leave of the Tribunal, otherwise to address the Tribunal.

(6) A party may give evidence to the Tribunal on his own behalf.

(7) The Tribunal may, if it thinks fit, postpone or adjourn a hearing.

(8) The Tribunal may, if it thinks fit, admit any duly authenticated written statement or other matter as prima facie evidence of any fact or facts in any case in which it thinks it just and proper so to do.

(9) The Tribunal shall, on the hearing of an appeal, have power to take evidence on oath and for that purpose may cause oaths to be administered to persons attending as witnesses at the hearing.

(10) The Tribunal shall not be prevented from considering and determining a matter by reason only of the failure or neglect of any person to comply with a requirement of these Regulations.

11. (1) A decision of the Tribunal may be taken by a majority thereof.

(2) The decision of the Tribunal shall be recorded in a document signed by the chairman.

(3) The decision of the Tribunal shall be entered in a Register of Appeals kept for the purpose of these Regulations by the Tribunal and a copy of the decision shall be sent to the appellant and to any other person concerned.

12. (1) Subject to paragraphs (2) and (3) of this Regulation, any notice or document required or authorised by these Regulations to be sent or given may be sent or given to a person by delivering it to him or by sending it by registered post in an envelope—

( a ) in case the person is the Secretary of the Tribunal, addressed to him to the office of the Tribunal,

( b ) in case the person is an appellant, addressed to him at the address given by him in the notice of appeal,

( c ) in case the person is An Chomhairle addressed to An Chomhairle at its office.

( d ) in the case of any other person, addressed to him at the address at which he ordinarily resides or carries on business.

(2) For the purposes of paragraph (1) of this Regulation, a company registered under the Companies Act, 1963 (No. 33 of 1963), shall be deemed to carry on business at its registered office and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.

(3) A notice or document mentioned in paragraph (1) of this Regulation shall, if sent or given to the authorised representative of a person, be deemed to have been duly sent or given to that person.

(4) A party to an appeal may at any time by notice in writing to the Tribunal and to any other party or parties involved in the appeal change his address for services under these Regulations.

SCHEDULE.

INDUSTRIAL TRAINING ACT, 1967 .

NOTICE OF APPEAL TO LEVY APPEAL TRIBUNAL.

To

The Secretary,

Levy Appeal Tribunal,

50/60 Mespil Road,

Dublin 4.

*Delete if inapplicable.

†Insert address as applicable.

††If the notice is signed on behalf of the Appellant the signatory must state in what capacity or by what authority he signs.

NOTE: This notice must be sent or given to the Secretary, Levy Appeal Tribunal at the above address. It may be given or sent to the Secretary by delivering it to him or by sending it to him by registered post.

GIVEN under my Official Seal, this 17th day of July, 1970.

JOSEPH BRENNAN,

Minister for Labour.

EXPLANATORY NOTE

These regulations provide for the establishment of a tribunal to determine appeals by employers assessed to levies under the Industrial Training Act, 1967 . They also prescribe the procedure to be followed in reltaion to the submission and hearing of appeals and for matters incidental to the hearing of appeals including notifications of decsions and the keepng of a Register of Appeals.