Agricultural Training Board Act 1982
Agricultural TrainingBoard Act 1982
1982 CHAPTER 9
An Act to consolidate the law relating to the Agricultural Training Board.
[29th March 1982]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Agricultural Training Board
1 The Agricultural Training Board.
(1) The provisions of this Act shall have effect in relation to the Agricultural Training Board.
(2) In this Act—
‘agriculture’ has the same meaning as in the Agriculture Act 1947 or the Agriculture (Scotland) Act 1948 ;
‘the Board’ means the Agricultural Training Board which was established by the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 ;
‘employee’ includes a person engaged under a contract for services, and ‘employer’ shall be construed accordingly;
‘employment’ means employment under a contract of service or apprenticeship or a contract for services or otherwise than under a contract, and ‘employed’ shall be construed accordingly;
‘industrial training board’ means a board established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982 ;
‘the industry’ means the activities in relation to which the Board exercises functions in accordance with the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 (as for the time being amended);
‘the Ministers’ means the Ministers concerned with agriculture in England, Scotland and Wales, acting jointly.
(3) Schedule 1 to this Act shall have effect with respect to the Board.
2 Establishment of committees.
(1) The Board may—
(a ) appoint committees (which need not include members of the Board);
(b ) join with one or more other industrial training boards in appointing joint committees consisting of such persons (whether or not members of an industrial training board) as may be determined by the Board and the other board or boards;
and delegate to any such committee all or any of the functions conferred on the Board by section 4 or by virtue of section 6 below.
(2) The Board may pay or, as the case may be, join in paying—
(a ) to the members of such a committee such travelling, subsistence and other allowances (including allowances for loss of remunerative time) as the Ministers may determine with the approval of the Treasury; and
(b ) to the chairman of any such committee to which functions mentioned in subsection (1) above are delegated such remuneration as the Ministers may so determine.
(3) The Board may make such arrangements as the Ministers may specify with the approval of the Treasury—
(a ) for the payment of pensions, superannuation allowances and gratuities to or in respect of the chairmen of such committees as are mentioned in subsection (2)(b ) above;
(b ) for the payment of compensation to a person who ceases to be such a chairman otherwise than on the expiry of his term of office where it appears to the Ministers that there are special circumstances which make it right for him to receive compensation.
(4) Subject to any directions of the Board or, in the case of a committee appointed under subsection (1)(b ) above, the Board and the other board or boards which appointed it, a committee appointed under this section may regulate its own procedure and fix a quorum for its proceedings.
3 Amendment or revocation of order establishing the Board.
(1) The Ministers may by order—
(a ) amend the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 (as for the time being amended); or
(b ) revoke that order.
(2) Before making an order under subsection (1)(a ) above the Ministers shall consult the Board and any organisation or association appearing to them to be representative—
(a ) of employers engaged in activities to be included in or excluded from the order by virtue of the amendments in question; and
(b ) of employees engaged in those activities.
(3) Before making an order under subsection (1)(b ) above the Ministers shall consult the Board and any organisation or association of organisations appearing to them to be representative —
(a ) of substantial numbers of employers engaging in the activities with which the Board is concerned; and
(b ) of substantial numbers of persons employed in the activities mentioned in paragraph (a ) above.
(4) An order under subsection (1)(a ) above may, besides including or without including provisions with respect to any activities of industry or commerce, include provisions with respect to activities relating to agriculture which are not carried on in the course of industry or commerce.
(5) An order under subsection (1)(b ) above shall provide for the winding up of the Board.
(6) An order under subsection (1) above may provide for any incidental, transitional or consequential matter for which it appears to the Ministers to be necessary or expedient to provide.
(7) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Functions of the Board
4 Functions of the Board.
(1) The Board—
(a ) shall provide or secure the provision of such courses and other facilities (which may include residential accommodation) for the training of persons employed or intending to be employed in the industry as may be required, having regard to any courses or facilities otherwise available to such persons;
(b ) may approve such courses and facilities provided by other persons;
(c ) shall from time to time consider such employments in the industry as appear to require consideration and publish recommendations with regard to the nature and length of the training for any such employment and the further education to be associated with the training, the persons by and to whom the training ought to be given, the standards to be attained as a result of the training and the methods of ascertaining whether those standards have been attained;
(d ) may apply or make arrangements for the application of selection tests and of tests or other methods for ascertaining the attainment of any standards recommended by the Board and may award certificates of the attainment of those standards;
(e ) may assist persons in finding facilities for being trained for employment in the industry;
(f ) may take part in any arrangements made in pursuance of section 2(1) or (2), 3(4) or 8 of the Employment and Training Act 1973 (which relate to arrangements for persons to select, train for and obtain suitable employments and to obtain suitable employees);
(g ) may carry on or assist other persons in carrying on research into any matter relating to training for employment in the industry;
(h ) may provide advice about training connected with the industry;
(i ) may enter into agreements with persons for the making by them of payments to the Board in respect of the exercise by the Board of any of its functions.
(2) The Board may enter into contracts of service or apprenticeship with persons who intend to be employed in the industry and to attend courses or avail themselves of other facilities provided or approved by the Board.
(3) The Board may, at the request of another industrial training board, provide advice for the other board and courses and other facilities for the training of persons employed or intending to be employed in the industry for which that other board is established.
(4) The Board may—
(a ) pay maintenance and travelling allowances to persons attending courses provided or approved by the Board;
(b ) make grants or loans to persons providing courses or other facilities approved by the Board;
(c ) pay fees to persons providing further education in respect of persons who receive it in association with their training in courses provided or approved by the Board;
(d ) make payments to persons in connection with arrangements under which they or employees of theirs make use of courses or other facilities provided or approved by the Board.
5 Training for employment overseas.
(1) The Board may, with the consent of the Ministers, exercise such functions in connection with training for employment outside Great Britain of persons temporarily in Great Britain as are exercisable by it under section 4(1) and (4) above in connection with the training of persons employed or intending to be employed in the industry.
(2) The 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 2 above.
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