Short title
1.
This Act may be cited as the Technical and Vocational Education and Training Council Act.
Definitions
2.
In this Act
“Council†means the Technical and Vocational Education and Training Council established by section 3;
“Fund†means the Employment and Training Fund established by section 13;
“Minister†means the Minister responsible for Labour.
Establishment of Council
3.(1)
The Technical and Vocational Education and Training Council is established by this Act.
(3)
The First Schedule has effect with respect to the constitution of the Council and otherwise in relation thereto.
(4)
The Minister may by order amend the Schedules. [2000-9]
4.
The functions of the Council are
(a)
to advise the Minister on policy relating to technical and vocational education and training;
(b)
to prepare plans for technical and vocational education and training in accordance with national policies and economic needs;
(c)
to ensure that agreed plans for technical and vocational education and training are implemented;
(d)
to co-ordinate technical and vocational education and training at the tertiary level;
(e)
to establish standards for technical and vocational education and training;
(f)
to establish training priorities, tests, qualifications and accreditation;
(g)
to determine the facilities and resources required to ensure satisfactory standards of technical and vocational education and training, and the welfare of students, trainees and staff of training institutions;
(h)
to advise the Minister on the allocation of resources for technical and vocational education and training;
(i)
to make grants and loans for the support and provision of technical and vocational education and training;
(j)
to carry out such other functions relating to technical and vocational education and training as the Minister may require.
Directions
5.
The Minister may give directions of a general or specific nature to the Council and the Council shall comply with those directions.
Commitees
6.(1)
The Council may appoint committees to perform, in relation to technical and vocational education and training,
(a)
such of its functions as it delegates in writing; and
(b)
such other functions as are specified in
section 7.
(2)
The Second Schedule applies to the constitution of committees and otherwise in relation thereto.
Additional functions of committees
7.
The additional functions of a committee are as follows
(a)
to undertake research or assist persons in undertaking research into matters relating to technical and vocational education and training;
(b)
to advise the Council on all aspects of technical and vocational education and training;
(c)
to advise the Council on the training facilities to be provided at institutions for persons employed or seeking training in technical and vocational education and training;
(d)
to advise on or make arrangements for giving selection criteria in respect of persons wishing to obtain technical and vocational education and training;
(e)
to apply or make arrangements for tests and other methods of ascertaining the standards of efficiency to be recommended by the committee for persons seeking technical and vocational education and training;
(f)
to recommend the terms applicable to persons wishing technical and vocational education and training.
Executive Director
8.(1)
There shall be an Executive Director, who shall be appointed by the Council and be responsible for the administration of this Act.
(2)
The Executive Director shall have such powers and perform such functions as are conferred upon him by the Council.
Other staff
9.
The Council shall appoint such other staff as may be required for the purposes of this Act.
Conditions for payment of salaries pensions, etc.
10.
The Council shall not, without the prior approval of the Minister,
(a)
assign a salary in excess of such sum as the Minister determines and notifies in writing to the Council in respect of any office established by the Council;
(b)
appoint any person to a post on the staff of the Council to which a salary in excess of the sum determined by the Minister under paragraph (a) is assigned; or
(c)
make provision for the payment of pensions, gratuities or other like benefits to officers or employees of the Council in respect of services to the Council.
Pension where officers are transferred or seconded
10A.(1)
Where a public officer is seconded from a pensionable office within the meaning of the
Pensions Act, Cap. 25 to perform any service with the Council, his service with the Council shall, unless the Governor-General otherwise decides, count for pension under that Act as if the officer had not been so seconded.
[2006-33]
(2)
Where
(a)
a public officer is transferred to an office in the service of the Council; or
(b)
an officer of the Council is transferred to an office in the public service,
(i)
his service with the Council shall be treated as other public service under the
Pensions Act, Cap. 25; and
(ii)
the Pensions Regulations, 1947 shall apply to him as if the Council were a Scheduled Government within the meaning of regulation 9(1) of those Regulations.
[1947-20]
(3)
Where a public officer is transferred to an office in the service of the Council or an officer of the Council is transferred to an office in the public service, the Council shall refund to the Consolidated Fund all moneys payable as pension in respect of the service of that officer with the Council.
Accounts and audits
11.(1)
The Council shall keep proper accounts of its financial transactions in relation to the administration of the resources of the Fund in accordance with the directions of the Auditor-General or any auditor appointed under subsection (2) for the purpose of auditing such accounts, and shall prepare a statement of accounts in respect of each financial year.
(2)
The Council shall, within 3 months after the end of each financial year, submit the accounts of the Fund for audit to the Auditor-General or to an auditor appointed for the purpose by the Council with the approval of the Minister.
(3)
The Auditor-General shall, on the direction of Cabinet, carry out at any time an investigation into, or audit of, such accounts.
(4)
The Council and all other persons concerned with the keeping of the accounts of the Fund shall grant to the Auditor-General or other auditor appointed to audit the accounts under subsection (2) access to all books, documents, cash and securities relating to those accounts, and shall give him on request all such information as may be within their knowledge in relation to the financial transactions of the Council.
Annual report
12.(1)
The Council shall, not later than 6 months after the end of the financial year, submit to the Minister a report containing
(a)
an account of the activities of the Council throughout the preceding financial year in such detail as the Minister directs; and
(b)
a statement of the accounts of the Fund for that financial year audited in accordance with
section 11.
(2)
A copy of the report of the Council referred to in subsection (1) shall be printed and laid before both Houses of Parliament and published in the Official Gazette.
Employment and Training Fund
Establishment of Fund
13.
The Employment and Training Fund is established by this Act.
Purposes of fund
14.
The Fund shall be used generally for the purposes of promoting and supporting training and the upgrading of skills for the labour force and more particularly for the following
(a)
to provide financial assistance such as grants and loans for training and skills upgrading;
(b)
to subsidise the costs incurred by employers in training and retraining of employees in accordance with the criteria established by the Council;
(c)
to support training programmes in accordance with national priorities, including training for retrenched workers and self-employed persons.
Resources of Fund
15.
The resources of the Fund are
(a)
moneys voted by Parliament for the purposes of the Fund;
(c)
any other moneys, whether from gifts, grants or otherwise provided for the purposes of the Fund.
Grants and loans
16.
The Council shall set out guidelines respecting the following
(a)
the criteria for eligibility for receiving grants or loans from the Fund;
(b)
the procedures for evaluation of proposals for grants or loans from the Fund;
(c)
the conditions for award of grants or loans; and
(d)
the procedures for monitoring the performance and outcome of training required to satisfy the conditions for award of grants or loans.
Training schemes
17.(1)
The Council may, with the approval of the Minister and subject to
section 19, formulate schemes for regulating training in any occupation.
(2)
A term of any contract for training registered before the date of the coming into force of the scheme may not be revoked or varied by means of a scheme.
(3)
A scheme may contain, in respect of any occupation to which it relates
(a)
the qualifications, including the age and educational standards required for trainees;
(b)
the practical training that employers are required to provide for their trainees;
(c)
the theoretical training that is required to be provided by, or at the expense of, employers for their trainees, or that trainees are required to undergo, and the manner in which the training is to be provided or undergone;
(d)
the proficiency tests or examinations that trainees are required to take;
(e)
the maximum number of ordinary working hours trainees may be required or permitted to work during any week or in any day;
(f)
the days on which, the hours in any day before or after which, and the intervals during which, no trainee can be required or permitted to work;
(g)
the maximum period of overtime that trainees may be required or permitted to work on any day or during any specified period;
(h)
the minimum wages and other conditions that apply to trainees;
(i)
the minimum remuneration and other conditions that apply in respect of any period during which a trainee is unable, by reason of any condition of training, or other circumstances, to render service to his employer during ordinary working hours;
(j)
any other matter that, in the opinion of the Council, with the approval of the Minister, is necessary for the effective operation of the scheme.
(4)
Different conditions of training may be specified in a scheme in respect of different classes of employers, trainees or occupations; and the Council may, in determining the different conditions for any scheme, apply any method of differentiation it thinks fit.
(5)
A scheme may be amended by a subsequent scheme or by an order made by the Council with the approval of the Minister.
Procedure respecting schemes
18.(1)
Before a scheme comes into operation, the Council shall cause to be published in the Official Gazette, and twice, with an interval of at least 7 but not more than 14 days between each publication, in a newspaper published in Barbados, a notice of its intention to make a scheme.
(2)
A notice under subsection (1) shall contain a statement of a place where copies of the proposed scheme may be inspected, or are available, at a prescribed fee and a time that is not less than 45 days from the first date of such publication, within which any objection to the proposed scheme may be submitted to the Council.
(3)
An objection to a proposed scheme shall be in writing and shall contain the grounds of objection and any proposed deletions from, or additions or modifications to, the proposed scheme.
(4)
At the expiration of the time specified for the making of objections, the Council may, with the approval of the Minister,
(a)
withdraw the proposed scheme;
(b)
give effect to the proposed scheme as published under subsection (2); or
(c)
give effect to the proposed scheme, subject to such deletions, additions or modifications as it thinks fit.
(5)
No deletion from, addition or modification to, any proposed scheme may be made under paragraph (c) of subsection (4) if in the opinion of the Council such deletion, addition, or modification would effect important alterations in the character of the proposed scheme as published.
(6)
The Council may, with the approval of the Minister, amend a proposed scheme otherwise than as permitted under paragraph (c) of subsection (4), but in that case all the provisions of this section apply to that amended scheme as if it were an original proposed scheme.
(7)
When a proposed scheme is finalised, the Council shall cause it to be published in the Official Gazette and in a newspaper published in Barbados.
Contracts
19.
The Council may enter into contracts with employers, associations and training institutions for the provision of training and related services.
Supervision of trainees
20.(1)
For the purposes of this Act, an employer of trainees shall, subject to the approval of the Council, appoint
(a)
a person to be responsible for the general supervision of the training of trainees; and
(b)
a person to be responsible for the day-to-day guidance of trainees in matters related to their occupation, at each work place where trainees are regularly employed for a period of not less than 3 months at a time.
(2)
Where the Council is not satisfied with the competence of the person appointed as a supervisor of trainees, the Council may, by notice in writing, specify the nature of the training which the Council requires that person to undertake before his appointment may be approved.
(3)
An employer who fails to comply with this section is guilty of an offence.
Policy
21.
The Council shall prepare a national policy for technical and vocational education and training to meet the needs of society and the economy.
Plans
22.(1)
The Council shall prepare a strategy and plan for technical and vocational education and shall update it each year.
(2)
The strategy and plan referred to in subsection (1) shall identify outputs and priorities and recommend allocation of resources to implement the plan in the most cost-effective manner.
System for monitoring
23.
The Council shall establish an effective system for monitoring the implementation of the technical and vocational education and training strategy and plan.
Penalty
24.
A person guilty of an offence under this Act is liable on summary conviction to a fine of $2 500 or imprisonment for one year or both.
Regulations
25.(1)
The Council may, with the approval of the Minister, make regulations
(a)
prescribing the form and terms of any contract of training;
(b)
relating to the manner of proof of educational qualifications;
(c)
prescribing the nature of returns that employers are required to furnish to the Council, and the period during which the returns are to be furnished;
(d)
prescribing the procedure for the registration and transfer of contracts for training, and for the notification of the expiration or termination of such contracts;
(e)
for the holding of tests in respect of any specified occupation, and for the granting of a certificate of proficiency to any person who voluntarily enters for, and passes, any such test, notwithstanding that that person is not a trainee;
(f)
prescribing the form and manner in which notice of completion of training is to be given by employers;
(g)
prescribing the form of certificates of completion of training; and
(h)
generally for giving effect to the provisions of this Act.
(2)
Regulations under this section may differentiate between different classes of employers or classes of trainees and different occupations.