| (1) |
Subject to subitem (4), a training board, established and accredited in terms of sections 12A and 12B of the Manpower Training Act, continues to exist and perform its functions as if that Act had not been repealed, until 31 March 2000. |
| (2) |
When a training board ceases to exist on 31 March 2000— |
| (a) |
that training board must be wound up in terms of its constitution; and |
| (b) |
any apprentice under a contract of apprenticeship, registered by that training board and in existence immediately before the training board ceases to exist, must be dealt with as if the Manpower Training Act had not been repealed except that the Director-General must perform the functions of the training board until that contract of apprenticeship expires. |
| (3) |
The Minister must, by notice in the Gazette, abolish a training board before 31 March 2000 if— |
| (a) |
SETA is established; and |
| (b) |
that SETA has jurisdiction over any part of an industry or area in respect of which the training board has been accredited in terms of section 12B of the Manpower Training Act. |
| (4) |
When a training board is abolished in terms of a notice referred to in sub-item (3)— |
| (a) |
all the assets, rights, liabilities and obligations of the training board are transferred to the SETA designated in that notice; and |
| (b) |
any apprentice under a contract 6 apprenticeship, registered by the training board and in existence immediately before the training board is abolished, must, subject to sub-item (6), be dealt with as if the Manpower Training Act had not been repealed except that that SETA must perform the functions of the training board until the contract of apprenticeship expires. |
| (a) |
Subject to subitem (4)(b), all sections of the Manpower Training Act that concern apprentices remain in force as if that Act had not been repealed until a date determined by the Minister by notice in the Gazette. |
| (b) |
For the purposes of this subitem— |
| (i) |
any function of the registrar must be performed by an official of the Department of Labour designated for that purpose in writing by the Minister; |
| (ii) |
any function of a training board must be performed by the SETA contemplated in subitem (4)(a); and |
| (iii) |
any function of the National Training Board must be performed by the National Skills Authority. |
[Item 4(5) of Schedule 2 amended by section 25 of Act No. 31 of 2003]
| (6) |
From the date immediately after the date referred to in sub-item (5)— |
| (a) |
any trade designated under section 13(1) of the Manpower Training Act is regarded to be a qualification contemplated in section 16(c) of this Act; |
| (b) |
the applicable provisions of any contract of apprenticeship registered in terms of section 18 of that Act are deemed to be a learnership agreement registered in terms of section 17(3) of this Act and a contract of employment referred to in section 18(3) of this Act; and |
| (c) |
any apprentice referred to in section 17 of that Act is regarded to be a learner in relation to such a learnership agreement. |
Copyright Act, 1978
