Law Amending The Law On Preventive Measures (Amendment And Extension Of The Fund's Purpose, Etc.)

Original Language Title: Lov om ændring af lov om Forebyggelsesfonden(Ændring og udvidelse af fondens formål m.v.)

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Law amending the law on preventive measures

(Modification and expansion of the Fund's purpose, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In Act No. 87 of 30. January 2007 on Prevention Fund, as amended by Act No. 345 of 5. May 2009 and Act No. 430 of 28. April 2010, is amended as follows: 1. title of the Act is replaced by the following:

» Law on the Fund for Prevention and retention '.

2. The heading of Chapter 1 is replaced by the following: ' Chapter 1 the Fund's purpose '.

3. paragraph 1 is replaced by the following: ' article 1. Fund for Prevention and retention is an independent body within the State administration. "

4. paragraph 2 shall be replaced by the following: ' article 2. The Fund's resources are used for the purposes of prevention, retention and inclusion in the labour market. '

5. paragraph 3 is replaced by the following: ' 3. Aid may be granted to the following interventions: 1) Interventions to prevent physical and psychological attrition and accidents at work and occupational diseases.

2) Interventions that contribute to maintaining seniors as well as employees with reduced working capacity, or contributing to the quick return to work after illness.

3) Interventions that contribute to the inclusion in the labour market.

(2). The Minister shall determine the framework for employment or distribution rules, application and priority of the Fund's resources and the allocation and prioritization of the tasks of the Fund. '

6. section 4 is repealed.

7. paragraph 4 (a) is repealed.

8. In paragraph 5, the words ' projects ' to: ' bets '.

9. section 5 (a) is repealed.

10. section 6 is repealed.

11. section 8 shall be replaced by the following: ' article 8. The Fund shall bear the expenditure necessary for the operation of the Secretariat and other administrative costs, as well as any expenditure on the remuneration of the Chairman of the Board of Directors and members. '

12. Article 10 is replaced by the following: ' article 10. The Board of Directors for the Fund for the prevention and retention shall be appointed by the employment Minister and consists of the following other members: 1 President and 1) 1 member nominated by the National Organisation in Denmark and 1 member from a member Federation, upon a proposal from the national organization in Denmark.

2) 1 member nominated by the FTF (salaried employees and civil servants ' Council).

3) 1 member nominated by academic Central organisation.

4) 1 member nominated by the Danish employers ' Confederation.

5) 1 member nominated by the leaders.

6) 1 member nominated by the Danish regions.

7) 1 member nominated by at (Kommunernes Landsforening).

8) 1 member nominated by the Danish disability organisations.

(2). Employment Minister designate appointed representatives to the Board of Directors. The appointed representatives have no voting rights.

(3). The Minister shall appoint the members of the Management Board and President of employment for a period of up to 4 years. The members of the Management Board and President may be re-designated. If the President or a member of the Board of Directors resign from the Board before the expiry of the period referred to in article 6. 1. point, can the Minister appoint a replacement employment for the remainder of the period.

(4). The Management Board shall draw up the rules of procedure, which must be approved by the employment Minister. '

13. sections 11 and 12 shall be repealed.

14. section 13 is replaced by the following: ' § 13. The Board is a quorum when at least half of the members are present.

(2). All decisions of the Board shall be taken by a simple majority of the attendees. In the event of a tie the President's vote is decisive.

(3). The Board of Directors may authorize the Chairman and the Secretariat to take decisions on behalf of the Board of Directors in a defined extent. '

15. section 14 shall be replaced by the following: ' § 14. The Board of Directors may appoint specific fields within the framework of the funds, the Fund administers pursuant to rules or frameworks established pursuant to section 3, paragraph 2.

(2). The Board shall prepare an annual report, to be published by 1. may.

(3). The Board shall also otherwise publicize the Fund's activities and the outcome of the efforts, activities, projects, etc., as the Fund has allocated funds.

(4). The Board of Directors determines criteria for the allocation of the funds, which manages the Fund, and grants on the basis of criteria support upon application. '

16. section 15 is repealed.

17. section 16 is replaced by the following: ' § 16. In the performance of its tasks, the Management Board shall consult with the relevant authorities and experts. '

18. sections 17-19 is repealed.

19. The heading before section 20 is repealed.

20. sections 20-22 are repealed.

21. In paragraph 23, the words ' and in the Professional Advisory Committee '.

22. Article 24 is replaced by the following: ' article 24. The Secretariat shall establish guidelines for applications on the content and format, as well as guidelines for payouts.

(2). The Secretariat shall ensure that the established guidelines are complied with. Requests and offers, which do not comply with the formal requirements shall be rejected by the Secretariat.

(3). The Secretariat shall undertake support for approved applications and carries out the payment of the aid. '

23. Under section 24 shall be inserted: ' Chapter 4 (a)



section 24 (a). The Director of the Fund for the prevention and retention can obtain information to use for the administration of this Act from the workers and employers and their organizations, other public authorities responsible for unemployment funds, employees ' guarantee fund and arbejdsmarkedets tillægspension 1) about specific individuals ' employment with a specified employer, 2), in which employers a concrete specified person has been hired, 3), in which periods of a concrete specified person has kept holiday , 4) about when a specific person has ceased with a specified employer, 5) on the period and the extent to which a particular specified person has been employed, 6) on the wages paid to a concrete specified person, 7) about which public services paid to a concrete specified person and 8) about messages of importance for the disbursement and monitoring of disbursements from the Fund.

(2). The Director of the Fund for the prevention and retention can to use for the administration of this Act get terminal access to information in the register, see income. section 7 of the law on the income register, and to the information in The Common Data basis, see. the law on responsibility for and management of active employment efforts.

(3). (2) includes all information about income, salary and period of employment, conditions of employment and leisure, etc. to use for payment and control tasks, including information about the identity of the employer and employee. There may be correlation and compilation of information in order to verify that payments from the Fund in accordance with the law and the regulations issued pursuant to the law.

(4). Employment Minister shall determine, to the extent required, rules on the collection of information in accordance with this provision. '

24. The heading before section 25 is repealed.

25. §§ 25-30 is repealed.

26. section 31, paragraph 1, is replaced by the following:

» Secretariat oversees the use of the funds, the Fund manages and grants. '

27. In article 34, paragraph 2, the words ' section 30, paragraph 1 ' are replaced by ' article 24, paragraph 2 '.

§ 2 paragraph 1. The law shall enter into force on the 1. January 2013, see. However, paragraph 2.

(2). Employment Minister shall determine the time of the entry into force of this law, § 1, nr. 5, 6, 9 and 22, and section 14, paragraph 4, of the law on the Fund for Prevention and retention as amended by section 1, that law No. 15. Given at Marselisborg Castle, the 23. December 2012 Under Our Royal hand and Seal MARGRETHE r./Faam