S.I. No. 118/1965:

APPRENTICESHIP ACT (TRADE OF BUILDING AND CONSTRUCTION) (APPRENTICESHIP DISTRICT AND APPRENTICESHIP COMMITTEE) ORDER, 1965.

APPRENTICESHIP ACT (TRADE OF BUILDING AND CONSTRUCTION) (APPRENTICESHIP DISTRICT AND APPRENTICESHIP COMMITTEE) ORDER, 1965.

WHEREAS by the Apprenticeship Act (Designated Trade) (Trade of Building and Construction) Order, 1965 ( S.I. No. 117 of 1965 ), made under section 21 of the Apprenticeship Act, 1959 (No. 39 of 1959), An Cheard-Chomhairle declared the trade referred to in the said Order to be a designated trade for the purposes of the said Act throughout the State:

NOW, THEREFORE, An Cheard-Chomhairle, in exercise of the powers conferred on it by subsection (1) of section 22 of the Apprenticeship Act, 1959 (No. 39 of 1959), hereby orders as follows:

1. This Order may be cited as the Apprenticeship Act (Trade of Building and Construction) (Apprenticeship District and Apprenticeship Committee) Order, 1965.

2.--(1 ) In this Order--

" An Chomhairle " means an Cheard-Chomhairle;

" chairman " means the chairman of the committee;

" committee " means the apprenticeship committee established by paragraph 4 of this Order;

" Minister " means the Minister for Industry and Commerce.

(2) References in this Order to the chairman, members and ordinary members are references to the chairman, members and ordinary members, respectively, of the committee.

3. The area constituting the State is hereby constituted to be an apprenticeship district for the purposes of the trade referred to in the Apprenticeship Act (Designated Trade) (Trade of Building and Construction) Order, 1965 ( S.I. No. 117 of 1965 ).

4. An apprenticeship committee is hereby established for the apprenticeship district constituted by this Order to perform the functions assigned to an apprenticeship committee under the Apprenticeship Act, 1959 (No. 39 of 1959).

5.--(1) The committee shall consist of a chairman and twenty one ordinary members.

(2) An Chomhairle shall appoint a person to be the chairman of the committee and the person so appointed shall be a person who is not representative of either workers' or employers' interests.

(3) The ordinary members shall consist of nine workers' members, nine employers' members and three educational members.

6. An Chomhairle shall--

(i) after consultation with the Minister, designate, in respect of each workers' member, an organisation representative of trade unions of workers to nominate a person for appointment as a workers' member and shall appoint the person so nominated to be a workers' member.

(ii) after consultation with the Minister, invite organisations representative of employers to nominate persons for appointment as employers' members and shall appoint nine of the persons so nominated to be the employers' members, and

(iii) after consultation with such educational bodies as An Comhairle considers suitable, appoint three persons to be the educational members.

7.--(1) The term of office of the chairman and ordinary members shall be three years.

(2) A member whose term of office expires by effluxion of time shall be eligible for re-appointment.

(3) An Chomhairle may remove a member from office.

(4) A member may resign his office as member by letter addressed to An Chomhairle and the resignation shall have effect as on and from the date of the receipt of the letter by An Chomhairle.

(5) A member shall be disqualified from holding office and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

8.--(1) Where a casual vacancy occurs among the workers' members, An Chomhairle shall, after consultation with the Minister, designate an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy and An Chomhairle shall appoint the person so nominated to fill the vacancy.

(2) Where a casual vacancy occurs among the employers' members, An Chomhairle shall, after consultation with the Minister, invite organisations representative of employers to nominate persons for appointment to fill the vacancy and An Chomhairle shall appoint a person from among the persons so nominated to fill the vacancy.

(3) Where a casual vacancy occurs among the educational members, An Chomhairle shall, after consultation with such educational bodies as An Chomhairle considers suitable, appoint a person to fill the vacancy.

(4) A person appointed under the provision made under sub-paragraph (1), (2) or (3) of this paragraph, shall hold office for the remainder of his predecessor's term.

9.--(1) At a meeting of the committee--

(a) the chairman shall, if present, be chairman of the meeting.

(b) if and so long as the chairman is not present or the office of chairman is vacant, the members who are present shall choose one of their number to be chairman of the meeting.

(2) The chairman, each workers' member and each employers' member at a meeting of the committee shall have a vote.

(3) An educational member at a meeting of the committee shall not, except where such member is chairman of the meeting, have a vote.

10. If at any meeting of the committee the group of workers' members does not equal in number the group of employers' members present

(a) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,

(b) if no such arrangement is made, the chairman or, in his absence, the person who is chairman of the meeting, may adjourn the voting on any question to another meeting of the committee.

11. Subject to the provisions of this Order, the committee shall regulate, by standing orders or otherwise, the procedure and business of the committee.

GIVEN under the Seal of An Cheard-Chomhairle, this 26th day of May, 1965.

The Seal of An Cheard-Chomhairle was affixed in the presence of:

MARTIN M. GLEESON

a member of An Cheard-Chomhairle authorised by An Cheard-Chomhairle to act in that behalf,

and

PATRICK O'BRIEN

an officer of An Cheard-Chomhairle authorised by An Cheard-Chomhairle to act in that behalf.

EXPLANATORY NOTE.

The purpose of this Order is to provide for the appointment of a statutory apprenticeship committee for the trades in the Building Industry which, in conjunction with An Cheard-Chomhairle, will regulate the recruitment and training of apprentices in those trades throughout the State.

The Order also lays down requirements as to the constitution of the committee and the procedure at its meetings.