| a) |
its constitution, signed by or on behalf of the parties to the training board; and |
| b) |
its application for accreditation, and shall furnish to the registrar such information as he may require. |
| 1A) |
If the constitution of the training board does not provide for the representation of employees on the training board, the registrar shall - |
| a) |
if in his opinion there is no trade union which has an interest in the training board, appoint a person or persons to represent employees on the training board; |
| b) |
if a trade union in his opinion has an interest in the training board - |
| i) |
request such trade union to submit to him within 30 days, in the prescribed form, the name of the person or persons who will represent the trade union on the training board; |
| ii) |
appoint one or more of the persons nominated in subparagraph (i) to represent the employees on the training board and he may nominate any other person to represent employees who are not members of the trade union on the training board. |
| 2) |
If the registrar, after considering the application and any other relevant information requested by him, is satisfied that - |
| a) |
the main objective of the training board is to promote training; and |
| b) |
the constitution is consistent with this Act and does not contain provisions which are contrary to the provisions of any law or which are calculated to hinder the attainment of the objects of any law; and |
| c) |
there is not in existence a training board which is accredited in respect of the industry and in respect of the area concerned, |
he may accredit the training board concerned in respect of the industry and area concerned.
| a) |
If the registrar intends not to accredit the training board or to accredit it in respect of a smaller area or an industry other than that applied for, he shall, by registered mail, notify the training board thereof and of the reasons therefor and shall afford it an opportunity of submitting written representations to him or of amending the application for accreditation, as the case may be. |
| i) |
Upon receipt of any such amended application, the registrar may, if he is satisfied in respect of the matters referred to in subsection (2), accredit the training board in accordance with the amended application. |
| ii) |
If the registrar, in the case where representations are submitted to him under paragraph (a), finally decides not to accredit the training board, he shall as soon as possible notify such training board of the decision. |
| 4) |
After the registrar has accredited a training board, he shall forward by registered mail to the training board a certificate of its accreditation, together with one copy of the constitution signed by the registrar. |
| 5) |
With the issuing of a certificate of accreditation referred to in subsection (4), all the powers which by virtue of this Act vest in an accredited training board are conferred upon such a training board, and that training board thereby accepts all the duties so imposed upon it. |
| 6) |
The registrar may, subject to the provisions of subsection (2), of his own motion and after consultation with a relevant training board, or at the request of such training board, amend the industry or area in respect of which the training board is accredited, with effect from a date determined by him. |
| 7) |
If the registrar has amended the industry or area in respect of which a training board is accredited, the training board shall transmit to the registrar the certificate of accreditation issued to the training board within 14 days of being called upon by him to do so, and if the training board without reasonable excuse fails to do so, the training board and each member of the training board shall be guilty of an offence. |
| 8) |
The registrar shall upon receipt by him of the certificate of accreditation make the necessary alterations therein and return it to the training board, or issue a fresh certificate. |
| a) |
If the registrar has in respect of an accredited training board reason to believe that any duty imposed on or any power conferred upon that training board by its constitution or by this Act is not being carried out or exercised by such training board to the satisfaction of the registrar, he may give notice by registered mail to that training board to rectify the deficiencies within a period which shall not be less than 30 days, and to submit proof, as the registrar may require, of such rectification to him. |
| b) |
If the training board refuses or fails to comply with the notification referred to in paragraph (a) within the period determined, the registrar may by registered mail give notice to the training board in question to show cause within a period which shall not be less than 30 days, why its accreditation shall not be withdrawn. |
| c) |
At the expiration of the period determined in terms of paragraph (b) the registrar may, unless cause to the contrary and to his satisfaction has been shown, withdraw the accreditation of the training board in question. |
| d) |
Upon the withdrawal of the accreditation of a training board in terms of paragraph (c), that training board shall - |
| i) |
transmit to the registrar the certificate of accreditation issued to that training board within 14 days of being called upon to do so; |
| ii) |
forthwith cease to carry out the duties and exercise the powers which are imposed on or conferred upon an accredited training board by this Act; and |
| iii) |
hand over, when required to do so by the registrar or an officer authorised by the registrar for that purpose, the records and documentation relating to the duties imposed on and powers conferred upon that training board by this Act, |
and if the training board in question without reasonable explanation fails to do so, the training board and each member of the training board shall be guilty of an offence.
| 10) |
The registrar may, where the accreditation of a training board has been withdrawn in terms of subsection (9)(c), take all the steps which he deems necessary or expedient for the continuation of the activities, rights and obligations of the training board. |
Contingency Fees Act, 1997
