Industrial Training (Apprenticeship Levy) Act, 1994

Designated sectors of industry.

3.—(1) (a) The Minister may from time to time, by order declare that a designated industrial activity under section 23 of the Principal Act, or a specified part of such an activity, be a designated sector of industry for the purposes of this Act.

(b) The Minister shall, before making an order under paragraph (a), consider the following matters, that is to say—

(i) the potential for the recruitment of men and women in the sector or sectors of industry to be designated;

(ii) whether or not, having taken into account the state of technological development or other factors that the Minister considers relevant, the sector or sectors of industry to be designated are in a new or developing area of industrial activity;

(iii) the potential for developing the skills of apprentices in the sector or sectors of industry to be designated so as to make it possible for them to adapt to technological and other developments;

and the Minister shall, before making such an order, take into account such matters as the Minister considers appropriate to take account of in the circumstances.

(2) Before an order is made under subsection (1) the Minister shall—

(a) consult with An Foras,

(b) either or both make such enquiries as the Minister thinks proper and cause An Foras to make, and it shall make, such enquiries as it thinks proper, and

(c) either or both consult and cause An Foras to consult, and it shall consult, any organisation or association of organisations appearing to either or both the Minister and An Foras (as the case may be) to be—

(i) representative of substantial numbers of employers in the sector of industry concerned, and

(ii) representative of substantial numbers of persons employed in the sector of the industry concerned.

(3) The Minister may by order revoke or amend an order under this section, including an order under this subsection.

(4) (a) An order made under subsection (1) or (3) shall apply and take effect from the beginning of the contribution year next following that in which the order was made or, where specified in the order, from the beginning of such subsequent contribution year as is so specified.

(b) Nothing in paragraph (a) shall be construed so as to prevent the making of an order under subsection (3) revoking or amending an order, or a part thereof, at any time before it would take effect.

(5) Where an order under this section is proposed to be made, a draft of the proposed order shall, with the approval of the Minister for Finance, be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.