Employment and Training Act 1973
| Year | 1973 |
Employment and TrainingAct 1973
1973 CHAPTER 50
An Act to establish public authorities concerned with arrangements for persons to obtain employment and with arrangements for training for employment and to make provision as to the functions of the authorities; to authorise the Secretary of State to provide temporary employment for unemployed persons; to amend the Industrial Training Act 1964 and the law relating to the provision by education authorities of services relating to employment; and for purposes connected with those matters.
[25th July 1973]
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 Manpower Services Commission and the Employment Service and Training Services Agencies
1 Establishment of the Commission and Agencies.
(1) There shall be three bodies corporate, to be called the Manpower Services Commission, the Employment Service Agency and the Training Services Agency, each of which shall have perpetual succession and a common seal and shall be constituted in accordance with the following provisions of this section.
(2) The said Commission (hereafter in this Act referred to as ‘the Commission’) shall consist of ten persons appointed by the Secretary of State to be members of the Commission, of whom the members specified in each of the following paragraphs shall be appointed by him after consultation with such of the organisations mentioned in that paragraph as he considers appropriate, that is to say—
(a ) as to three members, organisations representing employers;
(b ) as to three other members, organisations representing employees;
(c ) as to two other members, organisations representing local authorities; and
(d ) as to one other member, organisations concerned with education (excluding organisations mentioned in the preceding paragraph).
(3) The Secretary of State shall appoint as the chairman of the Commission the member about whose appointment no consultation is required by virtue of the preceding subsection and may appoint one of the other members as the deputy chairman of the Commission.
(4) The said Agencies (hereafter in this Act referred to jointly as ‘the Agencies’) shall each consist of three persons of whom one shall be appointed by the Commission with the approval of the Secretary of State to be the director of the Agency in question and the others shall be appointed by the Commission after consultation with the said director.
(5) The provisions of Schedule 1 to this Act shall have effect with respect to the Commission and the Agencies.
(6) The Secretary of State may with the consent of the Treasury, at any time during the period of five years beginning with the day when subsection (1) of this section comes into force, by order transfer to and vest in the Commission or either of the Agencies—
(a ) any interest of the Crown or a government department in land which in the opinion of the Secretary of State is occupied by him or the Commission or either of the Agencies for a purpose connected with the functions of any of those bodies; and
(b ) any rights and liabilities to which the Crown or a government department is entitled or subject in connection with such an interest;
but nothing in section 12 of the Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) shall apply to this Act or an order made in pursuance of this subsection, and stamp duty shall not be payable on such an order.
(7) It is hereby declared that the Commission and the Agencies are not to be regarded as servants or, subject to subsection (2)(a ) of the following section, as agents of the Crown or as enjoying any status, privilege or immunity of the Crown or, subject to the preceding subsection, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that their property is not to be regarded as property of or held on behalf of the Crown; but nothing in this Act shall be construed as derogating from any privilege, immunity or exemption of the Crown in relation to any matter as respects which the Commission or either of the Agencies acts as agent of the Crown by virtue of the said subsection (2)(a ).
2 Functions of the Commission and Agencies.
(1) In addition to the functions conferred on the Commission by virtue of provisions of this Act other than this section but subject to subsection (3) of this section, it shall be the duty of the Commission to make such arrangements as it considers appropriate for the purpose of assisting persons to select, train for, obtain and retain employment suitable for their ages and capacities and to obtain suitable employees (including partners and other business associates).
(2) Arrangements in pursuance of this section may—
(a ) include agreements between the Commission and a Minister of the Crown for the Commission to perform, on behalf of the Minister, functions exercisable by the Minister, whether by virtue of an enactment or otherwise, which are connected with employment, unemployment or training for employment (excluding a function of making regulations or other instruments having the force of law);
(b ) include arrangements for encouraging increases in the opportunities available to women and girls for employment and training;
(c ) be made in respect of employment or training in the United Kingdom or elsewhere;
(d ) include provision for the making of payments by the Commission, by way of grant or loan or otherwise, to persons who provide facilities in pursuance of the arrangements, to persons who use those facilities and to other persons specified in pursuance of the arrangements;
(e ) include provision for the making of payments to the Commission by other parties to the arrangements and by persons who use those facilities, including payments for publications issued in pursuance of the arrangements but excluding other payments by persons in respect of the seeking or obtaining for them of employment under contracts of service or apprenticeship;
(f ) without prejudice to the generality of the preceding provisions of this section, include arrangements for the appointment of persons to advise the Commission in connection with any of its functions;
and it is hereby declared that nothing in the preceding subsection restricts the arrangements which may be made by virtue of this subsection.
(3) It shall be the duty of the Commission—
(a ) to submit to the Secretary of State from time to time particulars of what it proposes to do for the purpose of performing its functions; and
(b ) subject to the following paragraph, to ensure that its activities are in accordance with proposals approved by the Secretary of State; and
(c ) to give effect to any directions given to it by the Secretary of State;
and the Commission may give to either of the Agencies at any time such directions as the Commission thinks fit with respect to the performance by the Agency of its functions.
(4) In addition to any other functions conferred on either of the Agencies by virtue of this Act, it shall be the duty of each of the Agencies—
(a ) to exercise on behalf of the Commission such of the Commission's functions as the Commission directs the Agency to exercise; and
(b ) to give effect to any directions given to it by the Commission otherwise than in pursuance of the preceding paragraph.
(5) The Commission and each of the Agencies shall, subject to any directions given to it in pursuance of this Act, have power to do anything (except borrow money) which is calculated to facilitate, or is conducive or incidental to, the performance of any function of the Commission or, as the case may be, the Agency (including a function conferred on it by virtue of this subsection).
3 Control of the Commission by Secretary of State.
(1) Subject to the following subsection, the Secretary of State may—
(a ) approve, with or without...
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