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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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4. Obtaining and disclosure of information by the Commission and Agencies etc
Modification of Industrial Training Act 1964 and other enactments
SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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]
C1Act: functions transferred (1.7.1999) (except ss. 2, 4, 5 and 11 for which functions are shared (and modified for s. 2)) by S.I. 1999/672, art. 2, Sch. 1
C2Act extended (retrospectively) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 45(1)
C3Act: power to continue certain provisions conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15.
F1S. 1 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
(1)The Secretary of State shall make such arrangements as he considers appropriate for the purpose of assisting persons to select, train for, obtain and retain employment suitable for their ages and capacities or of assisting persons to obtain suitable employees (including partners and other business associates).
(2)Arrangements under this section may—
(a)include arrangements for providing temporary employment for persons in Great Britain who are without employment;
(b)include arrangements for encouraging increases in the opportunities for employment and training that are available to women and girls or to disabled persons;
(c)subject to the restriction of paragraph (a) of this subsection to persons in Great Britain, be made in respect of employment and training anywhere in the United Kingdom or elsewhere;
(d)include provision for the making of payments by the Secretary of State, 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 or determined under the arrangements;
(e)include provision for the making of payments to the Secretary of State by other parties to the arrangements and by persons who use those facilities;
(f)include arrangements for securing that assistance in relation to the matters mentioned in subsection (1) of this section is provided by persons other than the Secretary of State.
(3)The payments for which arrangements under this section may provide—
(a)shall include the payment to a person by the Secretary of State of an allowance pending a time when payments will be or may be made to that person in respect of his use of facilities which will be or may be made available to him under any such arrangements;
(b)shall not include the payment of any such allowance to a person—
(i)for any period after that person has attained the age of eighteen years; or
(ii)for any period for which child benefit is payable in respect of that person;
and
(c)shall not include any payment by any person to the Secretary of State, other than a payment for publications issued in pursuance of the arrangements, in respect of the seeking or obtaining for that person of any employment under a contract of service or apprenticeship.
[F2(3A)Without prejudice to subsection (2)(f) of this section, the Secretary of State may wholly or partly perform his duty under subsection (1) of this section in relation to Scotland by authorising or directing Scottish Enterprise or Highlands and Islands Enterprise to act on his behalf—
(a)in the making of arrangements under this section in such cases or for such purposes as may be specified in or determined under the authorisation or direction;
(b)in the taking of such steps for the purposes of, or in connection with, the carrying out of any arrangements under this section (including any made otherwise than by Scottish Enterprise or Highlands and Islands Enterprise) as may be so specified or determined,
and the power under this subsection to give authorisations or directions shall include power to revoke or vary any authorisation or direction so given.
(3B)Where Scottish Enterprise or Highlands and Islands Enterprise make arrangements under this section in pursuance of an authorisation or direction made by the Secretary of State under subsection (3A)(a) above, they shall, at such times as the Secretary of State may require, report to him what provision, if any, they have included in those arrangements in relation to disabled persons.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(5)No payments shall be made by or on behalf of the Secretary of State by virtue of any power conferred by this section, other than payments under section 11(3) or 12(4) of this Act, unless the Treasury have approved—
(a)the amounts of the payments or the manner of determining those amounts; and
(b)the terms on which they are made or the manner of determining those terms.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F1Ss. 2, 3 substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1)
F2S. 2(3A) inserted (30.8.1993) by 1993 c. 19, s. 47(1); 1993/1908, art. 2(1), Sch.1.
F3Ss. 2(4)(6) which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
C1S. 2 modified (1.12.2000 for specified purposes and otherwiseprosp.) by 2000 c. 19, s. 62(5) (with s. 83(6)); S.I. 2000/2950, art. 5
C2S. 2: Functions transferred (1.7.1999 subject to s. 56(1) of the amending Act) by 1998 c. 46, s. 53(1) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)
C3S. 2(2)(d) excluded (7.10.1996) by S.I. 1996/207, reg. 103(2), Sch. 7 para. 14
C4S. 2(3A): power exercisable (1.7.1999) with the agreement of the Scottish Ministers by S.I. 1999/1750, art. 4, Sch. 3
F1Ss. 3 which was substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 25(1) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)Nothing in section 9 of [F2Statistics of Trade Act 1947] (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—
(a),(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
[F4(c)the disclosure by the Secretary of State [F5or the Chancellor of the Exchequer] to a board of relevant information;]
(d)the disclosure by either of the Agencies to the Commission or the other Agency or a board of relevant information which is of a kind specified in a notice in writing given to the disclosing Agency and the recipient of the information by the Secretary of State [F5or the Chancellor of the Exchequer] in pursuance of this paragraph;
(e)the disclosure by the Secretary of State [F5or the Chancellor of the Exchequer], . . . F6the Commission or either of the Agencies of relevant information, consisting of the name and address of any establishment, the numbers of persons of different descriptions employed there and the nature of the activities carried on there, to
[F7(i)any person who is or is to be engaged in the carrying out on behalf of the Secretary of State [F5or the Chancellor of the Exchequer] . . . F8of any research or survey relating to matters connected with training for employment, with industrial relations or otherwise with employment or unemployment; or]
[F7(ii)]an officer of any of the following bodies who is authorised by that body to receive the information, namely, F9. . . a local planning authority within the meaning of [F10the Town and Country Planning Act 1990] or [F11a planning authority within the meaning of the Town and Country Planning (Scotland) Act 1997]F12. . . [F13the Welsh Development Agency]F14. . . and a development corporation within the meaning of the M1New Towns Act 1965 or the M2New Towns (Scotland) Act 1968;
(f)the disclosure by the Secretary of State [F5or the Chancellor of the Exchequer] , . . . F15of statistics compiled wholly or partly from relevant information about the numbers of persons employed in any activity or area.
[F16(3A)Where the Secretary of State [or the Chancellor of the Exchequer] discloses information to a board or any other person under subsection (3)(c) or (f ) of this section, he shall give a notice in writing to that person specifying the purposes for which the information may be used.]
(4)In the preceding subsection—
“a board” means an industrial training board [F17established under section 1 of the Industrial Training Act 1964 or section 1 of the Industrial Training Act 1982]; and
“relevant information” means information obtained under the said Act of 1947;
and any reference in that subsection to the Secretary of State [F5or the Chancellor of the Exchequer], a government department . . . F18, . . . F19or such a board includes respectively a reference to an officer of his or of that body and also, in the case of a reference to such a board, a reference to any committee appointed by the board, to any officer of such a committee and to any person entitled to take part in proceedings of the board.
(5)A person to whom information is disclosed in pursuance of subsection (3) of this section shall not use the information for a purpose other than—
(a),(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
(c)in a case falling within paragraph (c) . . . F21or (f) of that subsection, a purpose specified in the notice given with respect to the information in pursuance of [F22subsection (3A) of this section];
[F23(cc)in the case of information given to such a person as is mentioned in paragraph (e)(i) of that subsection, a purpose related to the carrying out of the research or survey in the carrying out of which that person is or is to be engaged;]
(d)in the case of information given to an officer of F9. . . a local planning authority, the purposes of the functions conferred on the authority F9. . . by Part II of [F24the said Act of 1990] or [F251997] (which relate to development plans);
F26(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F27(dd)in the case of information given to an officer of the Welsh Development Agency, the purposes of functions conferred on that Agency by the M3Welsh Development Agency Act 1975;]
(e)in the case of information given to an officer of a development corporation, the purposes of functions conferred on the corporation by section 3 of the said Act of 1965 or 1968 (which relate to the laying out and development of new towns);
F28(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and a person who contravenes the provisions of this subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F29level 5 on the standard scale].
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
F1S. 4(1)(2) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F2Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(a)
F3S. 4(3)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F4S. 4(3)(c) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(2)(c)
F5Words in s. 4 inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 8
F6Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I
F7Words inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(1)
F8Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(d), Sch. 7 Pt. I
F9Words in s. 4(3)(e)(ii), 4(5)(d) repealed (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(3), Sch. 3.
F10Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(a)
F11Words in s. 4(3)(e) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(a)
F12Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I
F13Words inserted by Welsh Development Agency Act 1975 (c. 70), s. 24(6)(a)
F14Words in s. 4(3)(e)(ii) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F15Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 9(2)(e), Sch. 7 Pt. I
F16S. 4(3A) inserted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(3)
F17Words substituted by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20, Sch. 3 para. 3
F18Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F19Words repealed by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 11(2), Sch. 3
F20S. 4(5)(a)(b) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F21Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F22Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 9(4)
F23S. 4(5)(cc) inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 28(2)
F24Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 30(b)
F25Words in s. 4(5)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 20(b)
F26S. 4(5)(dd) (as inserted by section 11(6)(b) of the Scottish Development Agency Act 1975 and not as inserted by section 24(6)(b) of the Welsh Development Agency Act 1975) repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I
F27S. 4(5)(dd) inserted by Welsh Development Agency Act 1975 (c. 70), s. 24(6)(b)
F28S. 4(5)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F29Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F30S. 4(6) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
M11965 c. 59.
M21968 c. 16.
M31975 c. 70.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)The Secretary of State may—
(a)appoint such persons as he thinks fit for the purpose of advising him with respect to the performance of any of the functions conferred [F2or imposed on him by sections 2, 8 to 10 and 12 of this Act; and] by virtue of this Act, excluding the following section; and
(b)pay to any person appointed in pursuance of the preceding paragraph such subsistence and travelling allowances and such compensation for loss of remunerative time as the Secretary of State may determine with the approval of the Minister for the Civil Service.
(3)The Secretary of State may arrange for or make payments in respect of—
(a)research into any matter connected with any of his functions relating to employment, unemployment or training for employment . . . F3
(b)the dissemination of information derived from such research.
(4)The Secretary of State shall not make any payments in pursuance of subsection . . . F4(3) of this section unless the amounts of the payments and the terms on which they are made are approved by the Treasury.
F1S. 5(1) repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4
F2Words in s. 5(2)(a) substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2); S.I. 1993/2503, art. 2(3), Sch.3.
F3Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F4Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4
(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)The preceding provisions of this section shall not have effect in relation to the Agricultural, Horticultural and Forestry Industry Training Board, and—
(a)the Industrial Training Act 1964 M1 shall have effect in relation to that Board subject to the provisions of Part III of Schedule 2 to this Act; and
(b)that Board shall be called the Agricultural Training Board;
and, without prejudice to the powers conferred by the said Act of 1964 to amend or revoke any order in respect of that Board which was made under that Act before this subsection comes into force, nothing in the preceding provisions of this subsection or in the said Part III shall affect the validity of such an order.
(4)In accordance with the preceding subsection, sections 1 to 3, 5 and 9 of the said Act are to have effect in relation to the Agricultural Training Board, after the coming into force of that subsection and Part III of Schedule 2 to this Act, as set out in Part IV of that Schedule.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1S. 6(1)(2) repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4
F2S. 6(5) repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), s. 20(3), Sch. 4
C1S. 6(3)(4) repealed in relation to Agricultural Training Board by Agricultural Training Board Act 1982 (c. 9, SIF 2:1), s. 11(1), Sch. 2
M11964 c. 16.
Employment And Training Act 1973