(4) An industrial training board may give security for any money borrowed by it, and any such security given to the Minister shall be expressed to be in favour of the Minister of Labour for the time being and shall take effect accordingly.

(5) An industrial training board shall not invest any money otherwise than in such manner as the Minister may approve.

Power to obtain information from

6. (1) Where an industrial training board has been established, the Minister may require employers in the industry to furnish employers. such returns and other information and to keep such records and produce them for examination on his behalf as appear to the Minister to be necessary for the purposes of this Act.

(2) An industrial training board and any person assessing and collecting a levy on behalf of the board may require employers in the industry to furnish such returns and other information of a kind approved by the Minister and to keep such records of a kind approved by him and produce them for examination on behalf of the board as appear to the board to be necessary for carrying out its functions.

(3) Subject to subsection (4) of this section, returns and other information furnished in pursuance of the preceding provisions of this section 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 the Minister or one of his officers, or to an industrial training board or a committee appointed by such a board, or an officer of such a board or committee or any person entitled to take part in the proceedings of such a board.

(4) Subsection (3) of this section 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 Act or any criminal proceedings, whether pursuant to this Act or not, or for the purposes of any report of any such proceedings.

(5) A certificate purporting to be issued by or on behalf of the Minister and stating that he has approved any kind of information, return or record for the purposes of subsection (2) of this section shall in any legal proceedings be evidence, and in Scotland sufficient evidence, of the facts stated in the certificate.

(6) If any person fails to comply with any requirement made under subsection (1) or subsection (2) of this section he shall be liable on summary conviction to a fine not exceeding one hundred pounds, or on a second or subsequent conviction two hundred pounds.

(7) If any person

(a) knowingly or recklessly furnishes, in pursuance of any requirement made under subsection (1) or subsection (2) of this section, any return or other information which is false in a material particular; or

(b) willfully makes a false entry in any record required to be produced under either of those subsections or, with intent to deceive, makes use of any such entry which he knows to be false; or

(c) discloses any information in contravention of subsection (3) of this section;

he shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both, or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

(8) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

62-168-66- -3

Appeal tribunals.

Special provisions for cotton industry.

(b) six members appointed after consultation with any organisation or association of organisations representative of employed persons;

(c) two members appointed after consultation with bodies established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking; (d) not more than six chairmen of industrial training boards; and

(e) twelve other members, of whom six shall be appointed after consultation with the Secretary of State and the Minister of Education.

(3) The Central Training Council shall from time to time, and whenever directed by the Minister, make to him a report of its activities, and the Minister shall lay a copy of every such report before Parliament.

(4) The Minister may out of moneys provided by Parliament pay to the members of the Central Training Council such travelling, subsistence and other allowances as he may with the consent of the Treasury determine.

12.—(1) The Minister shall by regulations provide for the establishment of a tribunal or tribunals to determine appeals by persons 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; and

(b) provision for summoning persons to attend and give evidence and produce documents and for authorising the administration of oaths to witnesses.

(2) If, on an appeal, the appellant satisfies such a tribunal 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.

(3) The Minister may out of moneys provided by Parliament pay to members of tribunals established in accordance with regulations under this section such fees and allowances, and to persons giving evidence before such tribunals such allowances, as he may with the consent of the Treasury determine.

(4) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

13. (1) If the activities which are to be or are for the time being specified in an industrial training order are the same as those which under the Industrial Organisation and Development Act 1947 are designated as constituting the industry in relation to which the Cotton Board exercises functions under that Act, the industrial training order may be so made or amended as to provide for the exercise by the Cotton Board, instead of by an industrial training board, of the functions of an industrial training board in relation to those activities.

(2) Any functions exercisable by the Cotton Board by virtue of this section shall be exercisable by it through a committee (in this section referred to as the "industrial training committee") consisting of a chairman, who shall be appointed by the Minister as a person appearing to him to have industrial or commercial experience, and

(a) the members of the Board who are not independent members within the meaning of the said Act of 1947; and

(b) persons appointed by the Minister after consultation with the Secretary of State and the Minister of Education; and, subject to the following provisions of this section, references in this Act, except in sections 1 and 15 and the Schedule, to an industrial training board shall be construed as including references to the Cotton Board acting through the industrial training committee.

(3) The chairman of the industrial training committee and the persons appointed under paragraph (b) of the preceding sub

section shall not vote on any matter relating to the imposition of a levy.

(4) Any accounts and records to be kept and reports to be made under section 8 of this Act which are to be so kept or made by the Cotton Board by virtue of this section shall relate only to its functions under this Act; and those functions shall not be dealt with in the report and statement made by it under the said Act of 1947; and

(a) the reference in section 4(1) of this Act to the expenses of an industrial training board shall not include any expenses of the Cotton Board which are not attributable to this Act;

(b) any sums borrowed by the Cotton Board for the purposes of its functions under this Act shall be in addition to the total amount of the borrowings permitted for other purposes, shall be charged on the assets attributable to this Act and shall be repayable (together with any interest thereon) out of those assets and not otherwise, and section 5(5) of this Act shall apply only to money held by the Cotton Board in pursuance of this Act; and

(c) the references in section 9(3) of this Act to the winding up of an industrial training board shall not apply to the Cotton Board and the references therein to assets and liabilities shall not include any assets and liabilities which are not attributable to this Act.

(5) The Cotton Board

(a) shall pay to the chairman of the industrial training committee such remuneration (if any) as the Minister may from time to time with the approval of the Treasury determine;

(b) may pay to the members of the industrial training committee such travelling, subsistence and other allowances as the Cotton Board may determine.

(6) The Cotton Board may appoint such officers and servants for the purposes of the functions exercisable by it under this section, upon such terms as to remuneration, pension rights and other conditions of service, as the Cotton Board may determine and, in the case of pension rights, the Minister may approve.

(7) Paragraphs 6 to 9 of the Schedule to this Act shall apply in relation to the industrial training committee and its members as they apply in relation to an industrial training board and its members.

(8) If an order is made under section 7 of this Act declaring the Cotton Board to be in default the references in subsection (3) of that section to the members of the industrial training board shall be construed as referring to members of the industrial training committee and subsection (4) of that section shall not apply, except insofar as it excludes paragraph 7(a) of the Schedule as applied by subsection (7) of this section.

14.—(1) If the Minister so requests, an industrial training board may exercise such functions in connection with the training for employment in any activity of industry or commerce carried on outside Great Britain of persons temporarily in Great Britain as are exercisable by it under subsections (1) and (4) of section 2 of this Act in connection with the training of persons employed or intending to be employed in the industry for which the board is established.

(2) An industrial training board may delegate any power exercisable by it by virtue of this section to a committee (which need not include members of the board) appointed for that purpose or to any committee appointed under section 3 of this Act. (3) An industrial training board shall keep separate accounts(a) with respect to its functions under this section; and (b) with respect to its other functions under this Act; and no money raised by a levy imposed under this Act shall be carried to an account kept in pursuance of paragraph (a) of this subsection, and any expenses and liabilities incurred by the board under this section shall be disregarded for the purposes of sections 4(1) and 9(3) of this Act.

Power of industrial training board with respect to training for employment

overseas.

Disqualification for membership

of House of Commons.

Powers of education authorities.

Contributions out of National Insurance Fund

toward Minister's expenses in connection with certain courses.

Financial provisions.

Short title and
extent.
Section 1.

15. In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, after the entry relating to the chairman, vice-chairman and a salaried member of the Dental Estimates Board, there shall be inserted the words

"Paid chairman of an industrial training board constituted under the Industrial Training Act 1964 or of a committee appointed under that Act or paid deputy chairman of such a board.” 16. The facilities for further education that may be provided by a local education authority under section 41 of the Education Act 1944 or by an education authority in Scotland under section 1 of the Education (Scotland) Act 1962 shall be deemed to include and always to have included facilities for vocational and industrial training.

17. In the proviso to section 3(6) of the Employment and Training Act 1948 (which limits to half a million pounds in any year the contributions out of the National Insurance Fund which may be made under that section towards expenses incurred by the Minister in providing training courses) for the words from "shall not exceed" to the end of the subsection there shall be substituted the words "shall not in any year exceed one million pounds or such greater amount as the Minister of Pensions and National Insurance may from time to time by order made by statutory instrument determine; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament".

18. There shall be defrayed out of moneys provided by Parliament

(a) any administrative expenses incurred by the Minister for the purposes of this Act; and

(b) any increase attributable to this Act in the sums payable under any other enactment out of moneys so provided. 19. (1) This Act may be cited as the Industrial Training Act 1964.

(2) This Act, except section 15, does not extend to Northern Ireland.

SCHEDULE

INDUSTRIAL TRAINING BOARDS

1. An industrial training board shall be a body corporate, by such name as may be specified in the industrial training order. 2. The members of an industrial training board shall be appointed by the Minister.

3. An industrial training board shall consist of a chairman, who shall be a person appearing to the Minister to have industrial or commercial experience, and

(a) an equal number of persons appointed after consultation with such organisations or associations of organisations representative of employers engaging in the industry and of persons employed in the industry respectively as appear to the Minister to be appropriate;

(b) persons appointed after consultation with the Secretary of State and the Minister of Education;

and, if the Minister thinks fit to appoint as deputy chairman a person appearing to him to have industrial or commercial experience, the deputy chairman so appointed; and references in the following provisions of this Schedule to a chairman shall include a deputy chairman.

4. An industrial training board shall pay to its chairman such remuneration (if any) as the Minister may from time to time with the approval of the Treasury determine.

5. The chairman and the members appointed as mentioned in paragraph 3(b) of this Schedule shall not vote on any matter relating to the imposition of a levy.

6.—(1) The Minister, the Secretary of State, the Minister of Education and, if the Minister thinks fit in a particular case, such other Ministers in charge of government departments as he may specify may each appoint one person to attend the meetings of an industrial training board, and any person so appointed shall be entitled to take part in the proceedings of the board and receive copies of all documents distributed to its members, but shall have

no vote.

(2) If the Minister thinks fit in any particular case he may authorise the Iron and Steel Board to appoint one person under this paragraph in addition to the persons so appointed by the Ministers mentioned therein.

to

7. An industrial training order may make provision with respect

(a) the tenure of office of the members of the board;

(b) the quorum and, subject to paragraphs 5 and 6 of this Schedule, the proceedings and meetings of the board;

(c) the execution of instruments by and on behalf of the board and the proof of documents purporting to be executed, issued or signed by the board or a member, officer or servant thereof;

and any provision made by virtue of sub-paragraph (b) of this para- SCH. 1 graph may enable votes to be cast by proxy.

8. Subject to paragraphs 5 and 6 and to any provision made by virtue of paragraph 7 of this Schedule, a board shall have power to regulate its own procedure.

9. The proceedings of an industrial training board shall not be invalidated by any vacancy in the membership of the board or by any defect in the appointment of any member.

10. A board may appoint such officers and servants, upon such terms as to remuneration, pension rights and other conditions of service, as the board may determine and, in the case of pension rights, the Minister may approve.

11. A board may pay to its members such travelling, subsistence and other allowances as the board may determine.

12. For the purposes of this Schedule any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking shall be treated as if it were an organisation representative of employers.

Table of Statutes referred to in this Act