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

Chapter 5 : Skills Programmes

20. Skills programmes

 

(1) For the purposes of this Chapter, a "skills programme" means a skills programme that—
(a) is occupationally based;
(b) when completed, will constitute a credit towards a qualification registered in terms of the National Qualifications Framework contemplated in Chapter 2 of the NQF Act;

[Section 20(1)(b) amended by section 13 of Act No. 26 of 2011]

(c) uses training providers referred to in section 17(1)(c); and

[Section 20(1)(c) amended by section 14 of Act No. 31 of 2003]

(d) complies with any requirements that may be prescribed.

[Section 20(1)(d) amended by section 14 of Act No. 31 of 2003]

 

(2) Any person that has developed a skills programme may apply to—
(a) a SETA with jurisdiction for a grant; or
(b) the Director-General for a subsidy.

 

(3) The SETA or the Director-General may fund the skills programme if—
(a) it complies with—
(i) subsection (1);
(ii) any requirements imposed by the SETA or the Director-General; and
(iii) any prescribed requirements; and
(b) it is in accordance with—
(i) the sector skills development plan of the SETA; or
(c) there are funds available.

 

(4) A SETA or the Director-General may set any terms and conditions for funding in terms of subsection (3) that the SETA or the Director-General, as the case may be, considers necessary.

 

(5) The SETA or the Director-General must monitor the skills programmes funded by the SETA or the Director-General, as the case may be.

 

(6) A SETA or the Director-General that has made funds available for a skills programme may withhold funds or recover any funds paid if the SETA or the Director-General, as the case may be, is of the opinion that—
(a) the funds are not being used for the purpose for which they were made available;
(b) any term or condition of the funding is not complied with; or
(c) the SETA or the Director-General, as the case may be, is not satisfied that the training is up to standard.