Statutory Instrument 1988 No. 1100

The Industrial Training Orders (Amendment) Order 1988

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© Crown Copyright 1988

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1988 No. 1100

INDUSTRIAL TRAINING

The Industrial Training Orders (Amendment) Order 1988

Whereas the Secretary of State had made industrial training orders under section 1 of the Industrial Training Act 1964^[1] ("the 1964 Act" );

And whereas the provisions of the 1964 Act (except section 16 and save as that Act applies to the Agricultural Training Board) were repealed and re-enacted by the provisions of the Industrial Training Act 1982^[2] ("the 1982 Act" );

And whereas section 29(2) of the Employment Act 1988^[3] ("the 1988 Act" ) has substituted a new paragraph for paragraph 6 of Schedule 1 to the 1982 Act;

And whereas by virtue of section 29(3) of the 1988 Act, subsection (4) of section 1 of the 1982 Act does not apply in relation to the making of any order under the said section 1 which amends one or more other orders under that section and contains a statement that the only amendments made by the order are amendments which appear to the Secretary of State to be necessary or expedient in consequence of the preceding provisions of the said section 29;

And whereas the following Order amends orders made under section 1 of the 1982 Act and the only amendments made by that Order are amendments which appear to the Secretary of State to be necessary or expedient in consequence of section 29(2) of the 1988 Act;

Now, therefore, the Secretary of State, in exercise of the power conferred on him by section 1 of, and paragraph 8 of Schedule 1 to, the 1982 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Industrial Training Orders (Amendment) Order 1988 and shall come into force on 29th July 1988.

    (2)  In this Order, the expression"the principal industrial training orders" means—
 (a) the Industrial Training (Construction Board) Order 1964^[4] ;
 (b) the Industrial Training (Engineering Board) Order 1964^[5] ;
 (c) the Industrial Training (Road Transport Board) Order 1966^[6] ;
 (d) the Industrial Training (Hotel and Catering Board) Order 1966^[7] ;
 (e) the Industrial Training (Petroleum Board) Order 1967^[8] ;
 (f) the Industrial Training (Rubber and Plastics Processing Board) Order 1967^[9] ; and
 (g) the Industrial Training (Clothing and Allied Products Board) Order 1969^[10] .

Amendments to the principal industrial training orders
    2.    In paragraph 8 of Schedule 2 to each of the principal industrial training orders—
 (a) for sub-paragraph (1) there shall be substituted the following sub-paragraph:
"(1) If at a meeting of the Board a resolution on any matter relating to imposition of a levy is put to a vote, only members mentioned in paragraph 6 (as amended) of Schedule 1 to the Industrial Training Act 1982 shall vote; each such member shall have one vote, and the resolution shall be decided on a show of hands of those members present and voting unless a poll is demanded by any such member (before or on the declaration of the result of the show of hands) in which case the poll shall be taken forthwith and the votes may be given either personally or by proxy." ;

 (b) in sub-paragraph (2) for the words"3(a) of the Schedule to the Act" there shall be substituted the words"6 (as amended) of Schedule 1 to the Industrial Training Act 1982" ;
 (c) in sub-paragraph (3) for the words"3(a) of the Schedule to the Industrial Training Act 1964" there shall be substituted the words"6 (as amended) of Schedule 1 to the Industrial Training Act 1982" .

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State, Department of Employment

24th June 1988

This Order amends paragraph 8 of Schedule 2 to each of the seven industrial training orders mentioned in article 1(2) of the Order. The effect of the amendments is that only those members of the Industrial Training Boards who are appointed by virtue of sub-paragraph (a) of paragraph 3 of Schedule 1 to the Industrial Training Act 1982, after consultation with such organisations or associations of organisations representative of employers engaging in the industry as is required by that sub-paragraph, shall vote on any matter relating to the imposition of a levy.

[1] 1964 c. 16. back

[2] 1982 c. 10. back

[3] 1988 c. 19. back

[4] S.I. 1964/1079, to which there are amendments not relevant to this Order. back

[5] S.I. 1964/1086, to which there are amendments not relevant to this Order. back

[6] S.I. 1966/1112, to which there are amendments not relevant to this Order. back

[7] S.I. 1966/1347, to which there are amendments not relevant to this Order. back

[8] S.I. 1967/648; relevant amending instrument is S.I. 1982/921. back

[9] S.I. 1967/1062, to which there are amendments not relevant to this Order. back

[10] S.I. 1969/1375, to which there are amendments not relevant to this Order. back