National Training Board Act 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Acts/National%20Training%20Board%20Act%201997.pdf

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National Training Board Act 1997
NATIONAL TRAINING BOARD ACT 1997

1

BERMUDA
1997 : 18

NATIONAL TRAINING BOARD ACT 1997

[Date of Assent 2 July 1997]

[Operative Date 1 September 1997]

ARRANGEMENT OF SECTIONS

1 Citation
2 Interpretation
3 Establishment of National

Training Board
4 Functions of the Board
5 Appointment and

functions of Occupational
Advisory Committee, etc.

6 Additional functions of
Occupation Advisory
Committee

7 Functions of the Registrar
8 Funds of the Board
9 Minister may give policy

directions
10 Power to obtain

information from
employers

11 Reports of the Board
12 Permission to employ

apprentices and trainees
13 Entitlement to enter into

contract of apprenticeship
or training

14 Medical examination
15 Registration of contracts
16 Transfer of contract
17 Partnerships
18 Termination or extension

of contract
19 Probation period
20 Suspension of apprentice

or trainee
21 Record of employment

NATIONAL TRAINING BOARD ACT 1997

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22 Limitations in regard to
method of payment and
overtime

23 Miscellaneous functions
of Board

24 Training schemes
25 Procedure respecting

schemes
26 Supervision of

apprentices and trainees
27 Designation and powers of

training officer

28 Regulations
29 Application
30 Savings
31 Exemption
32 Institution of proceedings
33 General penalty
34 Repeal

FIRST SCHEDULE

SECOND SCHEDULE

WHEREAS it is expedient to make new provisions for the training
of persons for, or in, gainful employment in occupations in all branches
of economic activity in Bermuda and for matters ancillary thereto or
connected therewith:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

PART I

Preliminary

Citation
1 This Act may be cited as the National Training Board Act 1997
and shall come into operation on a day to be appointed by the Minister
by notice published in the Gazette.

Interpretation
2 (1) In this Act, unless the context otherwise requires —

"additional committee" means a committee appointed under
section 5(1)(b);

"apprentice" or "trainee" means a person who enters into a
contract of apprenticeship or training in an occupation in
respect of which a scheme is in force with an employer for the
purpose of receiving occupational training, for a period of not
less than four years in the case of an apprentice or not more
than three years in the case of a trainee, or such lesser period
as the Board in either case, determines under section 23;

NATIONAL TRAINING BOARD ACT 1997

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"the Board" means the National Training Board established
under section 3;

"certificate", other than in section 10(4), means a certificate
issued by the Board under section 4(c);

"employer" means a person who has entered into a contract of
apprenticeship or training as employer with an apprentice or
trainee, and includes the employer's agent, representative,
foreman or manager who is placed in authority over the
apprentice or trainee;

"financial year" means the Government financial year;

"Minister" means the Minister for the time being responsible for
labour and related matters;

"occupation" includes a trade, profession or vocation, which a
person pursues to make a livelihood;

"Occupation Advisory Committee" means an Occupation
Advisory Committee appointed under section 5(1)(a);

"occupational training" means training in relation to an
occupation;

"on-the-job training" means training provided by an employer for
an employee for the purpose of enhancing that employee's
career development;

"Registrar" means the person designated as such under
subsection (2);

"scheme" means a scheme formulated under section 24;

"test" includes any means by which an apprentice or a trainee is
continuously assessed;

"training officer" means the training officer designated as such
under section 27;

(2) The Minister may by notice published in the Gazette
designate any public officer as Registrar of apprentices and trainees for
the purposes of this Act and may, in like manner, revoke such
designation.

NATIONAL TRAINING BOARD ACT 1997

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PART II

The National Training Board

Establishment of National Training Board
3 (1) The National Training Board is hereby established.

(2) The Board shall perform the functions assigned to it by this
Act and by any other statutory provision.

(3) The provisions of the First Schedule shall have effect with
respect to the constitution of the Board and otherwise in relation thereto.

Functions of the Board
4 (1) The functions of the Board are—

(a) to take such measures as it considers necessary for
ensuring an adequate supply of trained manpower in
occupations in all branches of economic activity in
Bermuda;

(b) to take such measures as it considers necessary for
improving the quality and efficiency of training for
apprentices and trainees;

(c) to institute, review and maintain a system of tests in
respect of occupations, and for granting certificates of
efficiency to, and making reports on, persons who
submit themselves to such tests;

(d) to protect and promote the welfare of apprentices and
trainees;

(e) to investigate, and where possible, settle any dispute or
other matter arising out of a contract between an
apprentice or a trainee and an employer that may be
referred to the Board;

(f) to take such measures as it considers necessary to
promote, encourage and assist employers in providing
on-the-job training for employees;

(g) to take such measures as it considers necessary to
promote, encourage and assist in the re-training of
employees where, owing to changing economic activities
in Bermuda, such re-training is, in the opinion of the
Board, necessary; and

NATIONAL TRAINING BOARD ACT 1997

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(h) to direct or assist in the placement of Bermudians who
are seeking employment in Bermuda.

(2) In this section "Bermudian" means—

(a) a person who possesses Bermudian status; and

(b) a person who possesses spouse's rights,

within the meaning of those expressions as used in the Bermuda
Immigration and Protection Act 1956.

Appointment and functions of Occupation Advisory Committee, etc.
5 (1) The Board may, with the prior written approval of the
Minister—

(a) appoint a committee in respect of any one or more
occupations, to be called an "Occupation Advisory
Committee", which shall perform the functions specified
in subsection (2), and the additional functions specified
in section 6; and

(b) appoint such other additional committees as the Board
considers appropriate for the purpose of assisting the
Board in the performance of any of its functions.

(2) An Occupation Advisory Committee appointed under
subsection (1)(a) shall advise the Board on such matters relating to
training in the occupation or occupations in respect of which it has been
appointed as the Board may refer to it and shall perform in relation to
such training such of the functions of the Board as the Board may, in
writing, delegate to it.

(3) The provisions of the Second Schedule shall have effect with
respect to the constitution of an Occupation Advisory Committee and
additional committees and otherwise in relation thereto.

Additional functions of Occupation Advisory Committee
6 The additional functions of an Occupation Advisory Committee
in respect of the occupation or occupations to which it relates are—

(a) to undertake research or assist persons in undertaking
research into matters relating to occupational training;

(b) to advise the Board on all aspects of occupational
training;

(c) to advise the Board on the training facilities to be
provided at institutions for persons employed, or seeking
training, in an occupation;

NATIONAL TRAINING BOARD ACT 1997

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(d) to advise on or make arrangements for giving selection
criteria in respect of persons wishing to be employed as
apprentices or trainees;

(e) to apply or make arrangements for tests and other
methods of ascertaining the standards of efficiency to be
recommended by the Occupation Advisory Committee for
apprentices or trainees; and

(f) to recommend the form and terms of contracts that are
to be entered into by apprentices and trainees.

Functions of the Registrar
7 The Registrar shall have such functions as are assigned to him
by this Act and by any other statutory provision and, in addition, shall
have such functions as the Board, in the performance of its functions,
may assign to him.

Expenses of the Board
8 The expenses of the Board shall be met out of funds to be
appropriated annually by the Legislature.

Minister may give policy directions
9 The Minister may, after consultation with the Board, give such
general or specific direction as to the policy to be followed by the Board
in the performance of its functions as appear to the Minister to be
necessary in the public interest, and the Board shall give effect to any
such direction.

Power to obtain information from employers
10 (1) The Board may require employers to furnish such returns
and other information of a kind approved by the Minister and to keep
such records of a kind approved by him and produce such records for
examination by or on behalf of the Board as appear to the Board to be
necessary for carrying out its functions.

(2) Subject to subsection (3), returns and other information
furnished in pursuance of subsection (1) and any information obtained
on an examination made in pursuance thereof shall not, without the
consent of the employer to whose business the returns or information
relate, be disclosed otherwise than to the Minister, the Board or an
Occupation Advisory Committee, or to any person entitled to take part in
the proceedings of the Board or of such committee.

(3) Subsection (2) shall not apply—

NATIONAL TRAINING BOARD ACT 1997

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(a) to the disclosure of returns or information in the form of
a summary or similar returns or information furnished
by or obtained from a number of employers, if the
summary is so framed as not to enable particulars
relating to any particular business to be ascertained
from it;

(b) to any disclosure of information made for the purpose of
any criminal proceedings, whether pursuant to this Act
or not, or for the purpose of any report of any such
proceedings.

(4) A certificate purporting to be issued by or on behalf of the
Minister and stating that he has approved any kind of information,
return or record for the purpose of subsection (1) shall, in any legal
proceedings, unless the contrary is proved, be evidence of the facts
stated in the certificate.

(5) A person is guilty of an offence if he—

(a) fails to comply with any requirement made under
subsection (1); or

(b) knowingly or recklessly furnishes, in pursuance of any
requirement made under subsection (1), any return or
other information which is false in any material
particular; or

(c) wilfully makes a false entry in any record required to be
produced under subsection (1) or, with intent to deceive,
makes use of any such entry which he knows to be false;
or

(d) discloses any information in contravention of subsection
(2).

Reports of the Board
11 (1) The Board shall, within three months after the end of each
financial year forward to the Minister a report on the activities of the
Board during that financial year and on the Board's policy and
programme for future years.

(2) The report referred to in subsection (1) shall specify any
directions given by the Minister to the Board during that year.

(3) The Minister shall cause copies of the report to be laid
before both houses of the Legislature.

NATIONAL TRAINING BOARD ACT 1997

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PART III

Contracts of Apprenticeship and Training

Permission to employ apprentices and trainees
12 (1) A person wishing to employ another person as an
apprentice or trainee shall apply to the Board.

(2) In granting an application under subsection (1), the Board
shall specify the maximum number of apprentices or trainees who may
be employed at any one time by the applicant.

(3) The Board may not grant an application under this section
unless the Board is satisfied that the applicant's establishment offers
reasonable opportunities for the proper training of the number of
persons proposed to be employed by him as apprentices or trainees.

(4) A person who is aggrieved by a decision of the Board under
this section may appeal to the Minister whose decision is final.

(5) A person who fails to comply with subsection (1) is guilty of
an offence.

Entitlement to enter into contract of apprenticeship or training
13 (1) Subject to subsection (2), a person who—

(a) is sixteen years of age or over;

(b) has completed a period of education required by law;

(c) has, in the case of an occupation in respect of which a
scheme is in force, the qualifications prescribed by that
scheme; and

(d) is certified to be fit in accordance with section 14,

is entitled to enter into a contract of apprenticeship or training in that
occupation.

(2) Subject to subsection (3), a minor may not enter into a
contract of apprenticeship or training unless he first obtains the consent
of his parent or guardian.

(3) A magistrate may, on the application of any interested
party, dispense with the consent of the parent or guardian to the
contract which shall, in such event, be of like force and effect as a
contract having such consent.

NATIONAL TRAINING BOARD ACT 1997

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Medical examination
14 (1) An employer shall, before employing an apprentice or
trainee who is under eighteen years of age, obtain from the apprentice or
trainee a medical certificate, from a registered medical practitioner,
certifying that the apprentice or trainee is fit to be employed in the
occupation in which he seeks apprenticeship or training.

(2) In this section "registered medical practitioner" has the
meaning assigned to that expression by section 1 of the Medical
Practitioner's Act 1950.

Registration of contracts
15 (1) Every contract of apprenticeship or training made after the
coming into operation of this Act, shall be in the prescribed form.

(2) An employer who enters into a contract of apprenticeship or
training with any person shall, within six weeks thereafter, lodge for
registration with the Registrar in such manner as may be prescribed—

(a) the contract of apprenticeship or training and three
copies thereof; and

(b) the medical certificate obtained under section 14.

(3) An employer who fails to comply with subsection (2) is guilty
of an offence.

(4) A contract of apprenticeship or training made after the
coming into operation of this Act, is not binding until it is registered by
the Registrar.

(5) The Registrar may refuse to register a contract of
apprenticeship or training if, in his opinion, the contract—

(a) is not in the interest of the apprentice or trainee; or

(b) is not made in accordance with a scheme.

(6) In coming to a decision under subsection (5), the Registrar
shall, in addition to any other matter, have regard to the prospects of the
apprentice or trainee obtaining employment at the expiration of the
contract in the occupation in which he seeks to be trained.

(7) Where the Registrar refuses to register a contract of
apprenticeship or training under subsection (5), he shall, within fourteen
days after so refusing, communicate his refusal in writing to the Board,
the employer and the apprentice or trainee.

(8) In every case where the Registrar registers a contract under
this Act, he shall—

NATIONAL TRAINING BOARD ACT 1997

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(a) endorse on the contract and on the three copies thereof
the particulars of registration and return the contract
and two copies to the employer; and

(b) file one copy.

(9) The employer shall give a copy of the contract to the
apprentice or trainee and a copy to his parent or guardian, if any.

(10) A person who is aggrieved by the refusal of the Registrar to
register a contract may, within thirty days from the date on which the
decision of the Registrar is communicated to him, appeal to the Board,
and the decision of the Board shall be final.

Transfer of contract
16 (1) The rights and obligations of an employer under any
contract of apprenticeship or training may, with the consent of all the
parties thereto and with the approval of the Board, be transferred to
another employer.

(2) The Board may refuse to approve the transfer of the
contractual rights and obligations of any employer if, in its opinion, the
transfer is not in the interest of the apprentice or trainee.

(3) A minor may with the same consent as is required under
section 13(2), consent to a transfer under subsection (1).

(4) The transferee shall, within one month after the date on
which the instrument of transfer is signed by him, lodge the instrument
with the Registrar for registration.

(5) Where a contract is transferred under this section, the
transferee has all the rights and obligations under the contract that were
vested in the transferor and to which the transferor was subject at the
time of the transfer.

(6) A person who fails to comply with subsection (4) is guilty of
an offence.

Partnerships
17 Where, under any contract of apprenticeship or training, an
apprentice or trainee is employed by persons in partnership, then,
unless the apprentice or trainee otherwise elects, his contract of
apprenticeship or training does not terminate by reason only of the death
or retirement of a partner if the business of the partnership is continued
by a surviving or continuing partner, whether alone or jointly with
others; and the contractual rights and obligations of the employer are
transferred to the person or partners continuing the business.

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Termination or extension of contract
18 (1) Subject to section 19, a contract of apprenticeship or
training may be terminated or extended—

(a) by mutual agreement in writing of the parties thereto,
with, in the case of an apprentice or trainee who is a
minor, the same consent as is required under section
13(2); or

(b) by the Board at the instance of any party thereto if the
Board is satisfied that it is expedient so to do.

(2) Where the Board intends to terminate a contract under
subsection (1)(b), the Board shall, prior to such termination,
communicate its intention, in writing, to the employer and to the
apprentice or trainee.

(3) The employer shall give notice in writing to the Registrar of
the termination of any contract under subsection (1)(a).

(4) An employer who fails to comply with subsection (3) is guilty
of an offence.

(5) The Board may not exercise the powers conferred upon it by
subsection (1)(b) unless it has given both parties to the contract or their
representatives an opportunity to be heard by, or to make
representations to, the Board.

(6) The Registrar shall endorse on the filed copy of the contract
of apprenticeship or training the fact of its termination or extension.

(7) A person who is aggrieved by the Board's termination or
extension of a contract of apprenticeship or training may appeal to the
Minister within two months from the date on which the decision of the
Board is communicated to him.

(8) Where the Minister sets aside the decision of the Board to
terminate a contract, he may give such direction as he thinks fit relating
to the payment of any amount due as wages that would have been
payable to the apprentice or trainee if the contract had not been
terminated, and any amount so directed to be paid may be recovered by
the apprentice or trainee from the employer as a civil debt before a
magistrate, notwithstanding that the amount sought to be recovered
exceeds the normal monetary limit on the jurisdiction of the Magistrate's
Court.

(9) The decision of the Minister under subsection (8) shall be
endorsed by the Registrar upon the filed copy of the contract of
apprenticeship or training.

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(10) A contract that is terminated under this section, is
terminated for all purposes, but without limiting or affecting any right of
action that may have accrued before the date of termination.

Probationary period
19 (1) The first three months of every contract of apprenticeship or
the first two months in the case of a contract of training, is a
probationary period during which the contract may be terminated by
either party; and any agreement to the contrary is void.

(2) An employer shall within one month after the date of
termination of the contract give notice in writing to the Registrar of its
termination.

(3) The probationary period may be extended or shortened by
the Board.

(4) An employer who fails to comply with subsection (2) is guilty
of an offence.

PART IV

Miscellaneous

Suspension of apprentice or trainee
20 (1) An employer who is satisfied that an apprentice or trainee
who has entered into a contract with him has committed a fundamental
breach of the terms of the contract or of any conditions of apprenticeship
or training applicable to the apprentice or trainee may forthwith suspend
the apprentice or trainee.

(2) An employer who suspends an apprentice or trainee shall
report the matter in writing to the Registrar within three working days
after the suspension; and the Board shall investigate the matter and may
confirm or set aside the suspension of the apprentice or trainee, or vary
the terms of the suspension.

(3) Whether or not a complaint is made by an employer to the
Board, the Board may, where an investigation by it reveals that the
apprentice or trainee has prima facie committed a fundamental breach of
his contract, suspend the apprentice or trainee and report in writing to
the employer the fact of that suspension.

(4) No wages shall accrue to an apprentice or trainee during a
period of suspension.

(5) Where the Board sets aside the suspension of an apprentice
or trainee under subsection (2), the employer shall pay to the apprentice

NATIONAL TRAINING BOARD ACT 1997

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or trainee such wages as may have been withheld from him during the
period of suspension.

(6) An employer who fails to comply with subsection (2) is guilty
of an offence.

(7) A person who is aggrieved by the Boards' action under this
section may appeal within fourteen days after the date of such action to
the Minister; and the decision of the Minister is final.

Record of employment
21 (1) Every employer of an apprentice or trainee shall keep, in
respect of every apprentice or trainee, records of the remuneration paid
to, and the time worked by, the apprentice or trainee, together with such
other particulars as may be prescribed.

(2) The records shall be kept in such form and manner as the
Board approves.

(3) A person who employs an apprentice or trainee shall keep
records to which this section refers for a period of three years after the
date of the last entry in the record.

(4) A person who fails to comply with subsection (1) or (3) is
guilty of an offence.

Limitations in regard to method of payment and overtime
22 (1) Subject to subsection (2), any term or condition of a
contract of apprenticeship or training is void if—

(a) it provides that the whole or any part of the wages of an
apprentice or trainee is to be based upon the quantity of
work done; or

(b) it requires an apprentice or trainee under the age of
eighteen years to work overtime.

(2) Notwithstanding subsection (1), where, in the case of a
particular occupation, the Board considers it appropriate so to do the
Board may, in writing, permit the inclusion of such a term or condition
as is referred to in that subsection for such period and subject to such
restrictions as the Board considers necessary and in such a case,
subsection (1) shall not apply to that term or condition.

Miscellaneous functions of Board
23 (1) Where, during the term of his contract, an apprentice or
trainee is absent from work, other than for purposes of leave provided for
in the contract, for a period of thirty days or more, or for a number of

NATIONAL TRAINING BOARD ACT 1997

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periods amounting in the aggregate to thirty days or more, the Board
may order that the term of the contract of apprenticeship or training be
extended by the number of days for which the apprentice or trainee has
been absent, and the contract shall be extended accordingly.

(2) Where the Board is satisfied that a person has undergone
previous technical training relevant to the occupation in which he desires
to be trained, the Board may authorise the Registrar to reduce the period
of apprenticeship or training to be served to such lesser period as it
specifies.

(3) Where the Board is satisfied that an apprentice or trainee
during the period of his contract has acquired, relevant to the occupation
in which he is trained, a degree of proficiency that would justify the
reduction of the period of apprenticeship or training, the Board may
authorise the Registrar, subject to the approval and consent of the
apprentice or trainee and the employer, to reduce the period of
apprenticeship or training to such lesser period as the Board specifies;
and the Registrar shall comply with such authorisation.

Training schemes
24 (1) The Board may, with the approval of the Minister and
subject to section 26 formulate schemes for regulating the training of
apprentices or trainees in any occupation.

(2) A term of any contract of apprenticeship or 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 apprentices or trainees;

(b) the practical training that employers are required to
provide for their apprentices or trainees;

(c) the theoretical training that is required to be provided
by, or at the expense of, employers for their apprentices
or trainees, or that apprentices or trainees are required
to undergo, and the manner in which the apprenticeship
or training is to be provided or undergone;

(d) the proficiency tests or examinations that apprentices or
trainees are required to take;

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(e) the maximum number of ordinary working hours
apprentices or 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 apprentice or
trainee can be required or permitted to work;

(g) the maximum period of overtime that apprentices or
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
apprentices and trainees;

(i) the minimum remuneration and other conditions that
apply in respect of any period during which an
apprentice or trainee is unable, by reason of any
condition of apprenticeship or training, or other
circumstances, to render service to his employer during
ordinary working hours;

(j) any other matter that, in the opinion of the Board, with
the approval of the Minister, is necessary for the effective
operation of the scheme.

(4) Different conditions of apprenticeship or training may be
specified in a scheme in respect of different classes of employers,
apprentices, trainees or occupations; and the Board 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 Board with the approval of the Minister.

Procedure respecting schemes
25 (1) Before a scheme comes into operation, the Board shall
cause to be published twice, with an interval of at least seven but not
more than fourteen days between each publication, in the Gazette, 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 forty-five
days from the first date of such publication, within which any objection
to the proposed scheme may be submitted to the Board.

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(3) An objection to a proposed scheme must be in writing and
must 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 Board 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 Board such deletion, addition, or modification would effect
important alterations in the character of the proposed scheme as
published.

(6) The Board 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 Board shall cause
it to be published in the Gazette.

Supervision of apprentices and trainees
26 (1) For the purposes of this Act, an employer of apprentices or
trainees shall, subject to the approval of the Board, appoint a person—

(a) to be responsible for the general supervision of the
training of apprentices and trainees; and

(b) to be responsible for the day to day guidance of
apprentices or trainees in matters related to their
occupation, at each work place where apprentices or
trainees are regularly employed for a period of not less
than three months at a time.

(2) Where the Board is not satisfied with the competence of the
person appointed as supervisor of apprentices or trainees, it may, by
notice in writing, specify the nature of the training which the Board
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.

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Designation and powers of training officer
27 (1) The Minister may, after consultation with the Board,
designate a public officer to be a training officer for the purposes of this
Act.

(2) A training officer may, for the purposes of determining
whether the provisions of this Act are being complied with—

(a) at any reasonable time, enter any premises in which he
has reasonable grounds for believing that an apprentice
or trainee is, or has within the previous six months
been, employed;

(b) examine any person whom he finds on premises entered
under paragraph (a) whom he has reasonable grounds
for believing to be or to have been, within the preceding
six months, employed on such premises;

(c) require any apprentice or trainee to appear before him at
a prescribed place for the purpose of being questioned;

(d) require the production or delivery up of any of the
records required to be kept by this Act and of any
document relating thereto or relating to the business of
any person whom the training officer has reasonable
grounds for believing is, or was within the preceding six
months, the employer of an apprentice or trainee; and

(e) examine and make extracts from copies of any
documents produced or delivered up under paragraph
(d).

(3) A training officer—

(a) shall not enter or inspect a private dwelling-house
without the consent of the occupier thereof;

(b) shall on the occasion of a visit or inspection, notify the
employer or his representative of his presence, and
produce if required so to do, appropriate identification;
and

(c) shall, if required by the employer, be accompanied
during any inspection or examination by the employer or
his representative.

(4) A person who—

(a) assaults or obstructs a training officer in the
performance of his functions under this section;

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18

(b) uses indecent, abusive or insulting language to a
training officer in the performance of his functions; or

(c) fails to comply with any requirement made by a training
officer under this section,

is guilty of an offence.

(5) The Registrar has all the powers of a training officer under
this section.

Regulations
28 (1) The Board may, with the approval of the Minister, make
regulations—

(a) prescribing the form and terms of any contract of
apprenticeship or 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 Board, and the period during
which the returns are to be furnished;

(d) prescribing the procedure for the registration and
transfer of contracts of apprenticeship or 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 neither an apprentice nor trainee;

(f) prescribing the form and manner in which notice of
completion of apprenticeship or training is to be given by
employers;

(g) prescribing the form of certificates of completion of
apprenticeship or 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 apprentices or trainees and
different occupations.

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Application
29 This Act binds the Crown.

Savings
30 A contract of apprenticeship that is valid on the date that this
Act comes into operation shall be deemed to comply with section 15.

Exemption
31 (1) The Minister may by order, exempt any person or class of
persons from the operation of this Act, or any regulations or any scheme
made, or direction given, thereunder.

(2) An order made under this section is subject to negative
resolution procedure.

Institution of proceedings
32 The Registrar or training officer may institute proceedings in
court in respect of any offence under this Act or any regulations made
thereunder, so however, that no proceedings for an offence against this
Act shall be instituted without the consent, in writing, of the Attorney-
General.

General penalty
33 A person guilty of an offence under this Act is liable on
conviction by a court of summary jurisdiction to a fine not exceeding five
hundred dollars.

Repeal
34 The Apprenticeship and Training Act 1971 is repealed.

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20

FIRST SCHEDULE (section 3)

Constitution of National Training Board

1 (1) The Board shall consist of a Chairman, a Deputy Chairman
and thirteen members appointed by the Minister as hereinafter provided
and the ex officio members specified in sub-paragraph (4).

(2) For the purposes of sub-paragraph (1) the Minister may
make appointments from among persons engaged in the activities of the
following bodies that is to say—

(a) the Bermuda Employers' Council;

(b) the Bermuda International Business Association;

(c) the Hotel Employers of Bermuda;

(d) the Bermuda Small Business Development Corporation;

(e) the Bermuda College;

(f) the Board of Education;

(g) the Bermuda Public Services Association;

(h) the Bermuda Hospital's Board;

(i) the Bermuda Industrial Union;

(j) the Bermuda Union of Teachers;

(k) the Boards of Governors of private and public schools;

(l) the Chamber of Commerce; and

(m)the Association of School Principals.

(3) The members of the Board referred to in sub-paragraph (1)
shall be appointed by the Minister by instrument in writing.

(4) The following persons shall be ex officio members of the
Board, that is to say,—

(a) the Permanent Secretary of the Ministry of Education, or
his nominee;

(b) the Permanent Secretary of the Department of Works
and Engineering, or his nominee;

(c) the Permanent Secretary of the Ministry of Labour,
Home Affairs and Public Safety, or his nominee;

(d) the Financial Secretary or, his nominee; and

NATIONAL TRAINING BOARD ACT 1997

21

(e) The Chief Immigration Officer or, his nominee.

(4) Notice of appointment of a member of the Board shall be
published in the Gazette.

2 (1) An appointed member shall hold office for such term, not
exceeding three years, as is specified in the instrument of appointment,
and may from time to time be re-appointed.

(2) The term of office of appointed members shall be such as to
ensure, so far as possible, the expiration in any year of not more than
one half of the terms of office of those members.

3 A member of the Board, other than the Chairman, may resign
his office by Instrument in writing addressed to the Minister, transmitted
through the Chairman, and from the date of the receipt of the
instrument by the Minister, if no date is specified therein, that member
ceases to be a member of the Board.

4 The Chairman may at any time resign his office by instrument in
writing addressed to the Minister, and from the date of the receipt of
such instrument by the Minister, if no date is specified therein, he ceases
to be Chairman and to be a member of the Board.

5 A person who is appointed to fill a vacancy created by a member
who did not complete his term of office shall hold office—

(a) for the unexpired portion of that member's term and no
longer; or

(b) for such term as the Minister may determine in
accordance with paragraph 2(1).

6 No fewer than five appointed members shall form a quorum at a
meeting of the Board.

7 An ex officio member may attend a meeting of the Board and
may assist the Board in its deliberation on any matter, but an ex officio
member shall not be counted for the purpose of constituting a quorum
and shall have no vote.

8 (1) The Chairman or, in his absence, the Deputy Chairman,
shall preside at a meeting of the Board.

(2) If both the Chairman and the Deputy Chairman are absent
the appointed members present shall elect from among their numbers an
appointed member to preside at that meeting.

9 (1) Any question proposed for a decision by the Board shall be
determined by a majority of the votes of the appointed members present
and voting at a meeting of the Board.

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(2) The Chairman or other person presiding at a meeting of the
Board shall have a deliberative vote and, in the event of an equality of
votes, a second or casting, vote.

10 (1) Subject to sub-paragraphs (2) and (3), the Board shall meet
as often as it considers it necessary so to do for the exercise and
performance of its functions under this Act and, without prejudice to the
generality of the foregoing, shall, in any event, meet no fewer than ten
times in a financial year.

(2) The Chairman may at any time, and shall, at the request in
writing of the Minister or of any two members of the Board, convene a
special meeting of the Board.

(3) A notice convening a special meeting of the Board shall
state the purpose for which the special meeting is being convened.

(4) Subject to sub-paragraph (5), meetings of the Board shall
be held at such places, on such dates and at such times as the
Chairman may determine and notice of such place, date and time shall
be given in writing, to each member of the Board at least forty-eight
hours, before the time fixed for such meeting.

(5) In the case of a special meeting a notice required by sub-
paragraph (4) shall be sufficient if, notwithstanding that the notice does
not comply with that sub-paragraph, it is, in the circumstance of the
case, reasonable.

(6) The Chairman shall cause minutes of all meetings of the
Board to be kept.

11 The Registrar or his representative shall be the Secretary of the
Board.

12 All documents made by, and all decisions of, the Board are to be
signified under the hand of the Chairman or any member authorised to
act in that behalf, or by the Secretary.

13 Minutes of each meeting are to be duly kept by the Secretary or
other person appointed by the Board for the purpose, and are to be
confirmed by the Board at its next meeting and signed by the Chairman
or other person presiding at that meeting.

14 The Board may co-opt persons to attend any of its meetings for
the purpose of assisting or advising it respecting any matter with which
it is dealing, but a person so co-opted does not have a right to vote.

15 The validity of any act or proceeding of the Board shall not be
affected by any vacancy among the members, or by any defect in the

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23

appointment of a member, or by any failure to comply with any
requirement of paragraph 10.

16 Appointed members shall be paid such fees and allowances out
of the funds of the Board as the Board may, with the approval of the
Minister, determine.

17 Subject to the provisions of this Act, the Board shall meet for the
despatch of business, and otherwise regulate its affairs, as it thinks fit.

18 In this Schedule "appointed member" means a member of the
Board appointed by the Minister under paragraph 1(2).

NATIONAL TRAINING BOARD ACT 1997

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SECOND SCHEDULE (section 5)

Constitution of Committees

1 (1) A committee appointed under section 5(1)(a) or (b) shall
consist of not more than six persons.

(2) The Minister shall, in respect of a committee, appoint one
member of that committee to be Chairman and another to be Deputy
Chairman respectively.

2 (1) A member of a committee may, with the permission of the
Chairman of that committee, appoint a person to act for him in case of
his absence from a particular meeting.

(2) No person appointed to act as a member of a committee in
pursuance of sub-paragraph (1) may appoint a person to act for himself
nor may be appointed to act for more than one member; otherwise he
may perform all the functions of a member of that committee.

3 A member of a committee shall hold office for a period not
exceeding three years, but is eligible for re-appointment.

4 Where a vacancy occurs in respect of a committee, the Minister
may appoint a person to fill that vacancy for the unexpired portion of the
period in respect of which the vacancy occurs.

5 The Minister may revoke the appointment of a member of a
committee who—

(a) is absent from three consecutive meetings of the
committee without leave of the Minister;

(b) is unable to perform his duties as a member of the
committee; or

(c) fails to comply with a direction given by the Board.

6 The Board may assign a person to be secretary of a committee.

7 A committee shall meet as often as the Chairman of the
committee decides, but at intervals not exceeding three months.

8 A quorum consists of four members.