Apprenticeship Act, 1931 (General) Regulations, 1934.

S.I. No. 341/1934 - Apprenticeship Act, 1931 (General) Regulations, 1934. STATUTORY RULES AND ORDERS. 1934. No. 341. APPRENTICESHIP ACT, 1931 (GENERAL) REGULATIONS, 1934. APPRENTICESHIP ACT, 1931 , (GENERAL) REGULATIONS, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 25TH DAY OF OCTOBER, 1934, PURSUANT TO SECTION 38 of THE APPRENTICESHIP ACT, 1931 WHEREAS it is enacted by sub-section (1) of section 38 of the Apprenticeship Act, 1931 , that the Minister for Industry and Commerce may make regulations in relation to any matter or thing referred to in that Act as prescribed or to be prescribed : AND WHEREAS various matters or things are referred to as prescribed or to be prescribed in sub-section (1) of section 21, sub-section (2) of section 26, sub-section (1) of section 28, sub-section (1) of section 29, sub-section (1) of section 32 and section 34 of the said Act : NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the power conferred on him by sub-section (1) of Section 38 of the Apprenticeship Act, 1931 , and of all other powers him in this behalf enabling, does hereby make the following regulations, that is to say :— 1.—These regulations may be cited for all purposes as the Apprenticeship Act, 1931 (General) Regulations, 1934. Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas. 3.—In these regulations :— the expression " the Act " means the Apprenticeship Act, 1931 4.—The form in which an order shall be made by an Apprenticeship Committee under sub-section (1) of section 21 of the act shall be the Form No. 1 in the schedule to these regulations. 5.—The form in which an attendance order shall be made by an Apprenticeship Committee under sub-section (2) of section 26 of the act shall be the Form No. 2 in the schedule to these regulations. 6.—The particulars to be sent by an employer to an Apprenticeship Committee under sub-section (1) of section 28 of the act shall be the particulars mentioned in Form No. 3 in the schedule to these regulations. 7.—The particulars to be sent by an employer to an Apprenticeship Committee under sub-section (1) of section 29 of the act shall be the particulars mentioned in Form No. 4 in the schedule to these regulations. 8.—The form of the notice referred to in sub-section (1) of section 32 of the act shall be the Form No 5 in the schedule to these regulations. 9.—The form of the certificate of an authorised officer referred to in section 34 of the act shall be the Form No. 6 in the schedule to these regulations. By Order of the Minister for Industry and Commerce. Dated this 25th day of October, 1934. (Signed) JOHN LEYDON, Department of Industry and Commerce. FORM No. 1 FORM OF ORDER REQUIRING AN EMPLOYER TO EMPLOY APPRENTICES, MADE UNDER SECTION 21 (1) OF THE ACT. APPRENTICESHIP ACT, 1931 WHEREAS rules regulating the number of apprentices dated............................................................ .... have been made pursuant to sub-section (2) of section 8 of the Apprenticeship Act, 1931 , by the Apprenticeship Committee for the apprenticeship district of ............................................................ ........., for the designated trade of ........................................................, and such rules have been confirmed by order of the Minister for Industry and Commerce dated ........................................................ made pursuant to section 9 of the said Act and are now in force, and fix a standard number of apprentices in relation to ......................... : AND WHEREAS it appears to the said Apprenticeship Committee that the said ..................................... employs (a) no apprentice (a number of apprentices less than such standard number) in the said apprenticeship district in the said designated trade : NOW, THEREFORE, the Apprenticeship Committee for the apprenticeship district of ..........................., for the designated trade of ........................................., in exercise of the powers conferred on it by sub-section (1) of section 21 of the Apprenticeship Act, 1931 , hereby orders that............................................................ . shall take into his employment by way of apprenticeship in such district in such trade such number of persons as will make the total number of apprentices employed by him in such district in such trade equal to such standard number fixed in relation to him by the said rules. By Order of the said Apprenticeship Committee. Dated this..........................day of............................................, 193............ (Signed) (b) Chairman............................................................ ............................. Secretary to the Apprenticeship Committee.................................................... NOTE.—An employer who fails to comply with the above order within one month after personal service thereof upon him shall, unless he satisfies the Court that such failure was due to some unavoidable cause, be guilty of an offence under Section 21 of the Apprenticeship Act, 1931 , and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (a) The appropriate words are to be used, as the case may be. (b) The order is to be signed by the Chairman of the meeting of the Apprenticeship Committee which made the order. FORM No. 2. FORM OF ATTENDANCE ORDER MADE UNDER SECTION 26 (2) OF THE ACT. APPRENTICESHIP ACT, 1931 WHEREAS a course of instruction in the nature of technical education provided by a vocational education committee is available for ............................................................ ...., being an apprentice employed in the district of ..................................................., in the designated trade of .................................................., and such course is held within the normal working hours of such apprentice, and at a place within a distance of three miles from the premises at which such apprentice is so employed, measured according to the shortest way lawfully and conveniently available for him : NOW, THEREFORE, the Apprenticeship Committee for the apprenticeship district of ....................... .............................., for the purposes of the designated trade of ..................................................., considering that such course is suitable, in exercise of the powers conferred on it by sub-section (2) of Section 26 of the Apprenticeship Act, 1931 , hereby orders that the said ....................................................... shall attend such course. By Order of the said Apprenticeship Committee. Dated this............ day of .................................... 19..... . (Signed) (a) Chairman............................................................ .............. Secretary to the Apprenticeship Committee...................................... (a) The order is to be signed by the Chairman of the Apprenticeship Committee which made the order. NOTES.—An apprentice who fails to comply with the above order after personal service thereof upon him shall, unless he satisfies the Court that such failure was due to sickness or other unavoidable cause, be guilty of an offence under Section 26 of the Apprenticeship Act, 1931 Whenever an attendance order, made in relation to an apprentice, is personally served on the employer of such apprentice, such employer must, if the apprentice is attending or desires to attend the course of instruction which he is required to attend, afford the apprentice time and liberty to attend such course of instruction without any deduction from wages or any addition to the hours of employment or reckoning such time as lost. Failure or neglect to do so is an offence under Section 26 of the Apprenticeship Act, 1931 Every person guilty of an offence under Section 26 of the Apprenticeship Act, 1931 , shall be liable on summary conviction thereof to a fine not exceeding twenty shillings, and in the case of a second or subsequent offence to a fine not exceeding forty shillings. FORM No. 3. PARTICULARS TO BE SENT BY AN EMPLOYER TO AN APPRENTICESHIP COMMITTEE UNDER SECTION 28 (1) OF THE ACT. The particulars to be sent by an employer to an Apprenticeship Committee in relation to any person employed by way of apprenticeship, pursuant to sub-section (1) of Section 28 of the Apprenticeship Act, 1931 , are the following :— 1. Name of the apprentice : Surname ............................................................ ........................................................... Christian name(s) ............................................................ ............................................ 2. Private address of the apprentice. 3. Date of birth. 4. Date of commencement of present employment by way of apprenticeship. 5. Particulars of previous employment by way of apprenticeship. (The names and addresses of previous employers, and the dates during which the apprentice was employed by way of apprenticeship by each such employer, are to be entered here, in so far as the same are within the knowledge or procurement of the employer sending the particulars to the Apprenticeship Committee.) 6. Branch of the trade in which the apprentice is employed. 7. Operation or operations on which the apprentice is employed. 8. How the apprentice is being instructed in the operation or operations on which he is employed. 9. Number of apprentices, including the above-named apprentice, employed : ) Total number employed in the factory. ) Number employed in the branch of the trade in which the above-named apprentice is employed. 10. Number of skilled workers in the branch of the trade in which the apprentice is employed. 11. Rate of wages per hour paid to apprentice. 12. Rate of overtime wages per hour paid to apprentice. 13. Hours of employment of apprentice. ) Number of hours per day and per week. ) Actual hours employed each day excluding the short day. ) Actual hours employed each short day. (Hours of commencement and termination of employment to be given under ( ) and ( ) above.) ) Duration of meal intervals. 14. Educational qualifications of apprentice. 15. Technical Instruction Course (s) which the apprentice has completed and/or is attending. 16. Amount of apprenticeship premium : ) Total amount of premium payable. ) Amount actually paid and date or dates of payment. _______________________________________________________________________ NOTE.—Every employer carrying on in the district of an apprenticeship committee the designated trade for which such committee is established must send to such committee the particulars above prescribed in relation to any person whom he employs by way of apprenticeship in such district in such trade within two weeks after so employing such person. Failure or neglect to do so is an offence under Section 28 of the Apprenticeship Act, 1931 , and an employer shall be liable on summary conviction thereof to a fine not exceeding ten pounds, and in the case of a continuing offence to a further fine of ten pounds for every day during which the offence is continued. FORM No. 4. PARTICULARS TO BE SENT BY AN EMPLOYER TO AN APPRENTICESHIP COMMITTEE UNDER SECTION 29 (1) OF THE APPRENTICESHIP ACT, 1931 The particulars to be sent by an employer, on ceasing to employ a person by way of apprenticeship, to an Apprenticeship Committee, pursuant to sub-section (1) of Section 29 of the Apprenticeship Act, 1931 , are the following :— 1. Name of apprentice : ) Surname............................................................ ........................................ ) Christian name(s)............................................................ ............................ 2. Private address of apprentice. 3. Date of birth. 4. Date of cessation of employment by way of apprenticeship. 5. Reason for termination of employment by way of apprenticeship. 6. Work on which the apprentice was employed during the entire period of his employment by way of apprenticeship : ) Branch of the trade in which he was employed. ) Operation (s) on which he was employed. ) How he was instructed in the operation(s) on which he was employed. _______________________________________________________________________ NOTE.—Every employer carrying on in the district of an apprenticeship committee the designated trade for which such committee is established must send to such committee the particulars above prescribed in relation to any person whom he ceases to employ by way of apprenticeship in such district in such trade within two weeks after ceasing to so employ such person. Failure or neglect to do so is an offence under Section 29 of the Apprenticeship Act, 1931 ; and an employer shall be liable on summary conviction thereof to a fine not exceeding ten pounds, and in the case of a continuing offence to a further fine of ten pounds for every day during which the offence is continued. FORM No. 5. FORM OF NOTICE REQUIRING AN EMPLOYER TO FURNISH PARTICULARS OF APPRENTICES UNDER SECTION 32 (1) OF THE ACT. You are hereby required, pursuant to sub-section (1) of Section 32 of the Apprenticeship Act, 1931 , to furnish to me, within and in the following manner, that is to say :— (a) the following particulars of all apprentices employed by you that is to say : (or), the following particulars, that is to say :— of the following apprentice (s) employed by you, viz. : Dated this day of , 193 (Signed)............................................................ .......................... Authorised Officer for the purposes of the Apprenticeship Act, 1931 NOTE:—An employer who fails to furnish the particulars required by this notice or who so furnishes any such particulars which are to his knowledge false or misleading in any material respect shall be guilty of an offence under Section 32 of the Apprenticeship Act, 1931 , and shall on summary conviction thereof be liable to a fine not exceeding twenty shillings. (a) The appropriate words are to be used, as the case may be. (FORM No. 6. FORM OF CERTIFICATE OF APPOINTMENT AS AN AUTHORIZED OFFICER. APPRENTICESHIP ACT, 1931 I hereby certify that the undermentioned person has been appointed by the Minister for Industry and Commerce to be an authorized officer (a) to exercise all the powers and perform all the duties conferred or imposed on an authorized officer under the Apprenticeship Act, 1931 to exercise the following powers, viz.: and to perform the following duties, viz.: conferred or imposed on an authorized officer under the Apprenticeship Act, 1931 ). Name of Officer ............................................................ ............................................................ ............. Address ............................................................ ............................................................ .......................... Dated this ............ day of .............................., 19 ...... ................................................... Secretary, Department of Industry and Commerce. (a) The appropriate words are to be used, as the case may be.