National Training Agency Act 2013


Published: 2013-11-19

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SUPPLEMENT PART I

OFFICIAL GAZETTE
THE BAHAMAS

PUBLISHED BY AUTHORITY

NASSAU 26'h September, 2013 \::lo. J'i' ?.-s~s No. 39

NATIONAL TRAINING AGENCY ACT, 2013

Arrangement of Sections

Section

PART I- PRELIMINARY 3
I. Short title and commencement.. ............................................................................ }
2. Interpretation .......................................................................................................... 3

PART TI- ESTABLISHMENT OF THE NATIONAL TRAINING
AGENCYANDITSBOARD

5
3. Establishment of the National Training Agency .................................................... 5
4. Common Seal of the Agency ................................................................................. 5
5. Functions oftheAgency ........................................................................................ 6
6. Powers of the Agency ............................................................................................ 7
7. Constitution and procedure of the Board ............................................................... 8
8. Duties of the Board ................................................................................................ 8
9. Officers and employees .......................................................... ~ .............................. 8
I 0. Minister may give directions ................................................................................. 9

PART Ill- FINANCIAL PROVISIONS 9
11. Funds and resources of the Agency ........................................................................ 9
12. Application of funds ............................................................................................ I 0
13. Gifts ..................................................................................................................... 10
14. Pension ................................................................................................................. 10
15. Borrowing powers ................................................................................................ 10
16. National Training Agency Fund ........................................................................... II
1 7. Annual Budget.. ................................................................................................... 11
18. Accounts and audit. .............................................................................................. 11
19. Annual report ....................................................................................................... l2

PART IV- TRANSFER OF CERTAIN ASSETS TO THE AGENCY 12
20. Transfer of assets ................................................................................................. 12
21. Construction oflaws, contracts, etc. relating to transferred assets ...................... 12

PART V- MISCELLANEOUS 13
22. Registration ofproviders ..................................................................................... l3
23. Register oftrainees .............................................................................................. l3
24. Eligibility for selection as a trainee ..................................................................... l3

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26.
27.
28.

Designation of inspectors ..................................................................................... i3
Powers of inspectors ............................................................................................ 13
Regulations .......................................................................................................... i4
Act binds Crown .................................................................................................. IS

SCHEDULE 16



No. 39 of20!3

NATIONAL TRAINING AGENCY ACT, 2013

AN ACT TO ESTABLISH THE NATIONAL TRAINING AGENCY; TO
DEVELOP A COMPETENCY BASED TRAINING AND JOB

PLACEMENT SYSTEM AND FOR CONNECTED PURPOSES

[Date of Assent- 25'h September, 2013]

Enacted by the Parliament of The Bahnmas

PART I - PRELIMINARY

1. Short title and commencement.


(I) This Act may be cited as the National Training Agency Act, 2013.

(2) This Act shall come into force on such date as the Minister may appoint
by Notice, published in the Gazette.

2. Interpretation.

In thisAct-

"accrcditation" means evaluation and approval of an institution,
provider, course or programme that has met the established
standards of quality relative to its mission, educational objectives,
resources, programmes and services;

"accredited training providers" mean an institution, provider or
programme that-

(a) provides training or assessment services to the Agency; and

(b) is approved by the Agency for the delivery of certified
courses;

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

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0>

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"articulation" means a formal agreement between the Agency's
accredited training providers and any other approved training
provider;

"assessment" means a process of gathering evidence to determine
whether a training provider or a trainee has met the required
standards;

"assessor" means a person who is responsible for the assessment of
training providers, and the suitability of a candidate's competency
level in the performance of a specific job;

"Board" means the National Training Agency Board established under
section 7;

"Chairperson" means the Chairperson of the Board;

"competency standard" means an established standard where a person
has proven to have the ability to use knowledge, skills and personal,
social and methodological abilities, in work or study situations and
in professional development, personal development or both;

"course" means a defined body of knowledge, skills and aptitudes
acquired over a specified period and to which one or more credits
may be awarded;

"Executive Director" means the Executive Director of the Agency
appointed under section 9;

"industry" means a distinct grouping of productive enterprise that form a
sector of the economy;

"inspector" means a person authorised to act as an inspector under this
Act;

"Minister" means the Minister responsible for Labour;
"national occupational standard" includes the skills, knowledge and

attitudes required for effective workplace performance;

"NVQ-BA" means the National Vocational Qualification of The
Bahamas, which is a certificate of competence that is recognized
nationally, regional!y and intemationally;

"programme" means an approved curriculum composed of a series of
courses in a technical or vocational speciality leading to a pa1ticu!ar
kind of ce1tification in such form as a certificate, award or diploma;

"provider" means a person or group of persons offering one or more
courses or programmes for award or credit;

"quality assurance" means a generic term for activities that provide
assurance that the educational and training services of an
organization are continually being delivered effectively, to the
required standard and in line with published goals and objectives;

0
"qualification" means the formal outcome of an assessment and

validation process which is obtained when a recognized awarding
body determines that a person has achieved learning outcomes;

"recognition of p•·ior learning" means to recognize and validate
competencies for the purpose of certification obtained outside of the
formal education and training systems;

"registration" means that an educational institution, or provider has met
the criteria for the provision of education or training courses or
programmes;

"trainee" means a person who is-

(a) pursuing an approved Agency's training programme; or

(b) being assessed to be certified by the NVQ-BA;

"TVET" means Technical Vocational Education and Training.

PART 11 - ESTABLISHMENT OF THE NATIONAL TRAINING
AGENCY AND ITS BOARD

3. Establishment of the National Training Agency.

( 1) There shall be established a body to be known as the National Training
Agency.

(2) The Agency shall be a body corporate with perpetual succession and a
common seal, with power to purchase, lease or otherwise acquire, hold
and dispose of land and other property of whatever kind, and to sue and be
sued.

(3) Notwithstanding subsection (2), the Agency may not dispose of any land
without the prior approval of the House of Assembly signified by
resolution thereof.

4. Common Seal of the Agency.

(1) The common seal of the Agency shall be kept in such custody as the
Board directs and shall not be used except as authorised by the Board.

(2) The common seal of the Agency shall be authenticated by the signatures
of the Chairperson or any other member of the Board authorised by the
Board in that behalf, and of the Secretary.

(3) The common seal of the Agency when affixed to any document and
authenticated under this section shall be judicially and officially noticed,
and, until the contrary is proved, any necessary order or authorisation of
the Board shall be presumed to have been given.

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~ \\i Functions of the Agency.
The functions of the Agency are to -

(a) prepare and implement plans for workforce vocational training in
accordance with national policies, economic needs and industry
demands;

(b) engage in activities geared towards increasing the capacity of
individuals to participate effectively in the workforce, thereby
improving their productivity and employability;

(c) identify, develop and promote industry standards for occupation and
training programmes and develop assessment instruments that meet
national, regional and international standards;

(d) provide a national certification framework to establish national and
vocational qualifications that are •·ecognized and accepted
regionally and internationally and to ensure co-ordination and
collaboration among providers of technical vocational education
and training;

(e) increase the number of individuals pursuing technical vocational
education and training as a career;

(f) increase the quality of training by delivering competency based
training through a more responsive and flexible delivery and
assessment system;

(g) network and cooperate with public-private sector entities in matters
related to the development of competency based training;

(h) approve and certify courses to be pursued by persons desirous of
obtaining vocational education and training through the Agency's
network of accredited training providers;

(i) approve, accredit and register public or private institutions,
organizations, programmes, or any training providers that wish to
provide training, assessment services or both to the Agency to
ensure that they are compliant with the minimum criteria as
determined by the Agency;

0) develop comprehensive quality assurance strategies to ensure that
programme delive1y by training providers meet Agency's standards;

(k) register and approve persons as instructors or assessors of the
Agency's accredited training providers;

(!) maintain a register of the Agency's registrants, trainees, training
providers, assessors and certified persons;

(m) implement and maintain a Labour Market Information System in
collaboration with the Depa1tment of Labour's employment data
bank;

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(n)

(o)

(p)

(q)

(r)

(s)

(t)

(u)

(v)

(w)

(x)

provide statistical data and information to the government and D.'
relevant agencies;

provide trainee referral and placement services to training
providers, institutions, programmes, organizations and employers;

institute, review and maintain a system of assessment, certification
and award in relation to persons trained in the technical and
vocational fields;

grant certificates and other awards and submit repmts regarding
persons who are assessed pursuant to paragraph (p );

designate a central Assessment and Referral Centre where persons
who wish to access the Agency's services shall register, be assessed
and referred, as is applicable;

establish and maintain a system of assessment and recognition of
prior learning or training experience in harmony with established
competency standards;

produce booklets, brochures, programmes, media advertising and
other promotional materials to enhance the image of competency
based vocational training and certification as the catalyst for
building a productivity focused, service driven, workforce;

develop, implement and promote national occupational standards;

develop and implement the NVQ- BA;
design and develop a tracking and monitoring system to measure
the results of the Agency's activities;

provide for quality assurance through TVET.

6. Powers of the Agency.

In the exercise of its functions, the Agency may-

(a) fix fees and charges for services provided to, and by, the Agency;

(b) provide finance for training schemes and employment projects
sponsored or promoted by the Agency in accordance with the
Agency's policies;

(c) administer and invest the financial resources of the Agency;

(d) receive and administer funds donated or entrusted to the Agency by
any agency or organization for any purpose relating to the training
or employment of persons;

(e) enter into arrangements with institutions for the establishment,
implementation, monitoring and financing of training or
employment programmes;

(f) appoint industry specific committees designed to advise the Agency
in their specific areas of qualifications;

Page -7

(g) withdraw or cancel accreditation, approval, recogmtiOn or
certificates or other awards granted to, or conferred on any
institution or provider or person for a good and sufficient cause in
the opinion of the Board;

(h) do such other things as may be necessary or expedient for, or in
connection with, the proper performance of its functions under this
Act.

7. Constitution and procedure of the Board.

(I) There shall be a Board of Directors of the Agency.

(2) The Board shall be the governing body of the Agency.

{3) The Schedule shall have effect with respect to the constitution and
procedure of the Board.

( 4) The Minister may by Order amend the Schedule.

8. Duties of the Board.

The duties of the Board are to-

(a) formulate policies for the Agency;

(b) ensure the policies are implemented and enforced;

(c) manage the financial resources and assets of the Agency;

(d) manage the fees and charges for services provided to: and by, the
Agency;

(e) advise the Minister on resource allocation relating to technical
vocational education and training;

(f) appoint officers and employees as the Board considers necessary;

(g) manage the affairs of the Agency.

9. Officers and employees.

{I) The Board shall appoint an Executive Director and may employ such
other officers and employees at such remuneration and on such terms and
conditions as it considers necessary for the proper conduct of its business.

(2) Notwithstanding subsection (!), the Board shall not, without the prior
approval of the Minister-

Page- 8

(a) assign to any post a salary, which is above the highest level of that
governed by an agreement to which the Board is a party;

(b) make an appointment of a professional, consultative or contractual
nature;

(c) make an appointment to a post of which a salary is assigned in
accordance with paragraph (a);

(d)

(e)

terminate the employment of any person who holds such post; or 0.'
make any provision for the payment of any pension, gratuity or
other like benefits to an officer or an employee of the Agency by
reference to that officer or employee's service.

(3) The Executive Director shall be the chief executive officer of the Board
and shall be responsible for the management of the affairs of the Agency
in accordance with the policies and directions of the Board.

(4) The Executive Director may delegate to any committee, officer or
employee of the Agency any function as the Executive Director may
determine and no delegation shall prevent the exercise by the Executive
Director of any function so delegated.

(5) Where the Executive Director delegates a function to any committee,
officer or employee of the Agency in accordance with paragraph (4), the
Executive Director may revoke such delegation.

10. Minister may give directions.

(I) The Minister may give to the Agency directions of a general or a specific
nature as to the policy to be followed by the Agency in the canying out or
pursuit of its functions as appear to the Minister requisite in the public
interest and the Agency shall give effect to such directions.

(2) The Board shall afford to the Minister facilities for obtaining information
regarding the property and activities of the Agency and shall submit to the
Minister the minutes of all meetings, returns and accounts of the Agency
and any other information as required by the Minister.

PART Ill - FINANCIAL PROVISIONS

11. Funds and resources of the Agency.

The funds and resources of the Agency shall consist of-

(a) such sums as may be appropriated by Parliament;

(b) sums arising from grants, covenants, donations and other receipts
from persons, including national and international bodies;

(c) all sums received by, and falling due to, the Agency as fees or
payments for services rendered and facilities provided;

(d) sums borrowed by the Agency in accordance with section 15;

(e) a specified annual grant from the National Insurance Board in the
form of an investment;

Page- 9

(f) all other sums or property which may in any manner become
payable to or vested in the Agency in respect of any matter
incidental to its functions.

12. Application of funds.

(1) The funds of the Agency shall be applied in defraying the following
expenditure -

(a) the remuneration of the members of the Board;

(b) the remuneration, advances, loans, gratuities, and pensions of, and
other payments to, the staff of the Agency;

(c) the capital and operating expenses, including maintenance and
insurance of the property of the Agency;

(d) the making and maintenance of investments by the Agency in the
discharge of its functions;

(e) any other expenditure authorised by the Agency for the discharge of
its functions.

(2) The Minister may approve any fund expended for the purposes of
paragraphs (a) and (b) of subsection (1).

13. Gifts.

Where any gift, grant or other property is offered to the Board on behalf of the
Agency, the Board shall consult with the Minister with respect to such offer and
that gift, grant or other property shall be utilised for trainee development and
employment in such manner as the Board may determine.

14. Pension.

(1) The Agency shall establish a pension scheme for the payment of pensions
and gratuities to employees of the Agency who retire from the
employment of the Agency.

(2) Except as provided in any contract of employment, the Agency may grant
to any employee in respect of service with the Agency, pensions, gratuities
and other like allowance payable from the pension scheme, which shall be
no less than the rate prescribed by and in accordance with the provisions
of the Pensions Act (Ch. 43).

15. Borrowing powers.

(1) Subject to this section, the Agency may borrow sums required for meeting
any of the Agency's obligations or discharging any of the Agency's
functions and may in respect of such borrowing, issue debentures in such
form as the Agency may determine.

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(]>.
(2) The power of the Agency to borrow shall be exercisable only with to.:

approval of the Minister, given with the consent of the Minister of
Finance, as to the amount, the sources of the borrowing and the terms on
which the borrowing may be effected.

(3) An approval given in any respect for the purposes of this section may be
either general or limited to a patticular bmTowing or otherwise and may
be either unconditional or subject to conditions.

16. National Training Agency Fund.

(!) The Agency shall establish and maintain a Fund to be called the National
Training Agency Fund ("N.T.A Fund") and there shall be credited to the
N.T.AFund-

(a) grants, covenants, donations, gifts, fees or payments for services
rendered, and specifted annual grant from the National Insurance
Board; and

(b) such other sums as the Government may direct to be given to the
N.T.A Fund.

(2) The Agency may determine the management and application of the N.T.A
Fund.

(3) No pa1t of the N.T.A Fund shall be applied othe1wise than for the
purposes specifted under the provisions of this Act.


17. Annual Budget.

The Agency shall prepare for each financial year an annual budget of revenue
and expenditure which shall be submitted to the Minister at least two months
prior to the commencement of the financial year.

18. Accounts and audit.

(!) The Agency shall keep proper accounts and other records in relation
thereto, and shall prepare in respect of each financial year a statement of
accounts.

(2) The accounts of the Agency for each ftnancial year shall be audited by an
auditor appointed by the Minister after consultation with the Agency.

(3) Three months after the end of each financial year, the Agency shall submit
a copy of the audited accounts to the Minister, together with a copy of any
report made by the auditor.

(4) The Minister shall lay a copy of such audited accounts before each House
of Parliament, together with a copy of any report made by the auditm' on
the accounts.

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C), Annual report.
(I) The Board shall after the end of each year prepare an annual report on its

activities during the last preceding year and shall furnish such report to the
Minister not later than the 3 O'" day of June.

(2) The Minister shall cause a copy of every report submitted to him pursuant
to this section to be laid before each House of Parliament.

PART IV -TRANSFER OF CERTAIN ASSETS TO THE
AGENCY

20. Transfer of assets.

(I) There shall by virtue of this section and without further assurance vest in
the Agency in fee simple free of all trusts and encumbrances, all such
land, which immediately before the commencement of this Act vested in
the Treasmer for or on behalf of any such agency.

(2) The movable property and undertakings owned by the Government and
used for the operation of any such agency immediately before the date of
the the commencement of this Act shall by virtue of this Act be transferred
to and vested in the Agency for the same purpose as they were held by the
Government immediately before the said date. f

(3) The transfer and vesting referred to under subsections (!) and (2) shall
extend to the whole of such movable property and undertakings and shall
include assets, powers, rights, privileges and all things necessary or
ancillary thereto which are held or enjoyed in connection therewith or
appertaining thereto, as well as all obligations affecting or relating to any
of the aforesaid movable property or undertakings or other things included
therein as aforesaid.

21. Construction of laws, contracts, etc. relating to transferred assets,

Subject to the provisions of this Act, all laws, contracts, judgments, awards,
deeds, bonds, agreements, instruments, documents, warrants and other
arrangements existing prior to the commencement of this Act, affecting or
relating to any of the movable propetties or undertakings transferred to the
Agency by or under this Act shall have full force and effect against or in favour
of the Agency and shall be enforceable fully and effectually, as if Instead of the
party named therein the Agency has been named therein or had been a party
thereto.

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