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Skills Development Act, 1998 (Act No. 97 of 1998)

Regulations

Standard Constitution of SETA Regulations

1. Definitions

 

In this Constitution, any word or expression to which a meaning has been assigned in the Act, bears that meaning and unless the context indicates otherwise—

(a) "Accounting Authority" means the Accounting Authority of the SETA.
(b) "alternate" means a person contemplated in item 8(8);
(c) "Chairperson" means the Chairperson of the Accounting Authority contemplated in item 14;
(d) "Chief Executive Officer" means the Chief Executive Officer of the SETA contemplated in item 16;
(e) "committee" means any permanent, ad hoc or subcommittee of the SETA  established by the Accounting Authority in terms of this constitution.
(f) "constituency" means organised labour, organised employers, government departments, professional bodies, bargaining councils and organisations contemplated in section 11(2) of the Act and listed in Annexure 4;
(g) "constitution" includes the Annexures to this constitution;
(h) "designated groups" means black people, women and people with disabilities;
(i) "Executive Authority" means the Minister of Higher Education and Training, who, in terms of the Act, is accountable to Parliament for skills development;
(j) "Executive Committee" means the Executive Committee established in terms of item 9;
(k) "member" means a natural person appointed as a member of the Accounting Authority or any of its chambers or committees;
(I) "NQF Act" means the National Qualification Framework Act, 2008 (Act No. 67 of 2008);
(m) "NSA" means the National Skills Authority established by section 4 of the Act;
(n) "NSDS" means the national skills development strategy referred to in section 5(1)(a)(ii) of the Act;
(o) "organised employers"
(i) means any employers' organisation in the Sector that is registered in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other association of employers in that Sector that represents the interests of its members as employers; and
(ii) includes a State Department referred to in Schedule 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), as an employer in that Sector;
(p) "organised labour'' means any trade union or federation of trade unions in the Sector that is registered in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other association of employees in the Sector that represents the interests of its members as employees;
(q) "PFMA" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(r) "SOLA" means the Skills Development Levies Act, 1999 (Act No. 9 of 1999);
(s) "Sector'' means the [insert name] Sector determined by the Minister in terms of section 9(2) of the Act;
(t) "SETA" means the [insert name] Sector Education and Training Authority, established by the Minister in terms of section 9(1)(a) of the Act or re-established by the Minister in terms of section 9(1)(b) of the Act and referred to in item 4(1);
(u) "SLA" means the service level agreement contemplated in section 10A of the Act;
(v) "the Act" means the Skills Development Act, 1998 (Act No. 97 of 1998).