S.I. No. 97/1970:

INDUSTRIAL TRAINING (TEXTILES INDUSTRY) (AMENDMENT) ORDER, 1970.

INDUSTRIAL TRAINING (TEXTILES INDUSTRY) (AMENDMENT) ORDER, 1970.

An Chomhairle Oiliúna hereby, in exercise of the powers conferred on it by sections 23 and 24 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following order:

1. (1) This Order may be cited as the Industrial Training (Textiles Industry) (Amendment) Order, 1970.

(2) The Industrial Training (Textiles Industry) Order, 1968 ( S.I. No. 278 of 1968 ), and this Order may be cited together as the Industrial Training (Textiles Industry) Orders, 1968 and 1970.

2. (1) The Industrial Training (Textiles Industry) Order, 1968, is hereby amended by the substitution of the following for the Schedule thereto:

"SCHEDULE

1. (1) In this Schedule--

'carrying out on commission' means the carrying out by a person in pursuance of a contract of work or labour of any process or manufacture (with or without the provision of materials) wholly or mainly upon or from materials owned in the course of his business by another person;

'combing or re-combing' includes the following processes, that is to say, gilling, finishing, any process involved in the production of tops or of slubbings delivered in any form other than tops, the dyeing of tops or stubbing dyeing, and for the purposes of this definition `tops' includes jute or flax slivers;

'company' includes any body corporate, and `subsidiary' has the same meaning as in Section 2 (1) of the Companies Act, 1963 (No. 33 of 1963);

'continuous filaments' means any yarn composed of one or more man-made fibres running the whole length of the yarn, but does not include any yarn used or intended for use in a textile factory for the production of yarns or fabrics by a system of manufacture similar to one commonly employed in the production of yarns from textile fibres or woven or knitted fabrics;

'cord' includes blind or window cord;

'core yarns' means yarns produced at the spinning frame, by the feeding of continuous filaments through the delivery rollers only, simultaneously with the spinning of any fibres mentioned in paragraph 2 (vii) of this Schedule;

'doubling' has the meaning assigned to it in paragraph 2 (xi) of this Schedule;

'finishing' has the meaning assigned to it in paragraph 2 (xxiv) of this Schedule;

'knitted articles' means articles manufactured on a knitting machine, other than articles of wearing apparel and includes any knitted fabrics;

'knitted fabric' means fabric manufactured on a knitting machine;

`knitting machine' means a warp-knitting, weft-knitting or crocheting machine;

'lace, lace net or embroidery' means any articles in the manufacture of which a process has been carried out on one or more of the following machines, namely:

(a) a Schiffli or other multi-needle shuttle embroidery machine, not being a single needle embroidery machine operated singly or in a battery,

(b) a Barmen lace machine,

(c) a Leavers lace machine,

(d) a Nottingham lace curtain machine,

(e) a Plain net machine

(f) a Raschel or other warp lace machine;

'making rove' includes any process in flax, jute, cotton, wool or any other textile fibres or their blends in the preparing process before spinning;

'making-up and packing' includes the operations of--

(a) cutting, rolling or manipulation into different lengths, folds or shapes of articles produced by spinning, throwing, doubling, weaving or finishing,

(b) the ticketing, tying, parcelling, stamping or marking of articles so produced, or

(c) the packing or making-up of such articles into suitable packages for exportation or for despatch;

'man-made fibres' means any textile fibres except the natural growth of a plant, the hair or fleece of an animal, human hair, silk or asbestos;

'manufacture' means any process of spinning, weaving, doubling, throwing, dyeing, flame-proofing, moth-proofing, rot proofing, waterproofing, tarring, bleaching, shrinking, printing, calendering, finishing, milling, tentering, raising, whipping, binding, tabbing, burling, mending in the greasy or loom state, finished mending, perching, assessing, cloth examination, the punching of Jacquard or similar cards and includes any process or operation incidental or appertaining to manufacture;

'narrow fabrics' means any of the following products not exceeding 18 inches in width, that is to say, textile fabrics with two selvedges, braided textile fabrics or products of a Sander and Graff machine or of a similar machine;

'office premises' has the same meaning as in Section 3 (1) of the Office Premises Act, 1958 (No. 3 of 1958);

'plastics material' means any material made wholly or mainly by addition, polyaddition, condensation, polycondensation, polymerisation, copolymerisation, esterification or other similar chemical process, or regenerated or modified cellulose, or hardened proteins, or natural resin modified by fusion or esterification;

'principal activities of the textiles industry' means activities which, subject to the provisions of paragraph 3 of this Schedule, are specified in paragraph 2, other than sub-paragraphs (xxix) and (xxx) thereof, as activities of the textiles industry;

'rags' means any discarded or waste material containing textile fibres;

'raw silk' means the combined filaments obtained in the process of reeling from cocoons;

'related activities' means any of the following activities, that is to say--

(a) research, development, design or drawing,

(b) buying, selling, letting out on hire, testing, advertising, packing, distribution, delivery, transport or any similar operations,

(c) operations of a kind performed at office premises or laboratories, or at stores, warehouses or similar places,

(d) cleaning, washing or garaging vehicles, or carrying out running repairs or minor adjustments thereto,

(e) training of employees or apprentices;

'rope' includes cable, strand, driving rope or banding, but does not include electric cable, steel wire rope, or any rope being a combination of textile fibres and steel wire;

'rubber' means the following products, whether or not vulcanised or hardened, that is to say, natural rubber, balata, gutta percha, and similar natural gums, synthetic rubber and factice derived from oils and such substances reclaimed, and 'rubberising' has a corresponding meaning;

'rugs' does not include articles consisting mainly of skins with their wool on, or of furskins;

'sacks or bags' means corn sacks, flour sacks, coal sacks, sugar sacks, cement bags, sand bags, mail bags, potato bags, seed bags or similar sacks or bags;

'silk' means fibrous matter secreted in the formation of cocoons by silk worms;

'sorting' includes any process of opening, taking off or blending;

'spinning' has the meaning assigned to it in paragraph 2 (vii) of this Schedule;

'textiles activities' means any one or more of the principal activities of the textiles industry and the activities included in that industry by virtue of paragraph 2 (xxix);

'textile fibres' means any fibres consisting of--

(a) animal fibres of any kind or mixture,

(b) human hair,

(c) the natural growth of a plant,

(d) the waste of any of the foregoing fibres, or

(e) any mixture of the foregoing fibres, hair or waste,

and includes any other fibres or continuous filaments where used or intended for use in a textile factory for the production of yarns or fabrics by a system of manufacture similar to one commonly employed in the principal activities of the textiles industry;

'throwing' has the meaning assigned to that expression in paragraph 2 (x) of this Schedule;

'treating' includes any process of scouring or carbonising;

'tufting' means the insertion of a yarn of tufts or loops by a tufting machine into a pre-woven backing;

'twine' includes agricultural or fishing twine;

'weaving' has the meaning assigned to it in paragraph 2 (xii) of this Schedule;

'woven fabric' means a fabric produced by weaving;

'yarn' means yarn consisting of textile fibres.

(2) For the purposes of this Schedule two companies shall be taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and 'associated company' shall be construed accordingly.

2. Subject to paragraph 3 of this Schedule, the following activities of industry are the activities referred to in Article 2 of this Order, namely:

(i) sorting, treating, dyeing, using or consuming textile fibres, or packing, repacking or warehousing such fibres;

(ii) treating or dying rags or reducing into a fibrous form rags or yarn or, when carried out by an employer engaged in any such process, the ripping of rags;

(iii) hackling, carding, combing or re-combing textile fibres;

(iv) making rove from textile fibres or spinning yarn;

(v) the conversion, for use in making rove or spinning yarn, of any textile fibres or tow into tops, hank tops, bumps or slivers;

(vi) twisting, folding, curling or sizing yarn or any other process in the preparation of yarn for further processing;

(vii) spinning, that is to say, the production of single yarns from--

(a) textile fibres,

(b) staple man-made fibres without limitation as to staple length,

(c) asbestos fibres,

(d) the waste, howsoever derived, of any such fibres, or

(e) any mixture of such fibres or waste,

and the subjection (if any) of yarns so produced to any of the processes of gassing, reeling, warping, warp dressing, beaming or winding;

(viii) the production of core yarns;

(ix) the covering of rubber strands or elastomeric strands with yarn;

(x) throwing, that is to say, the production of yarns from raw silk, continuous filaments or any combination of such silk or filaments by the process of twisting together two or more threads or of inserting additional twist, or the further subjection of yarns so processed to either or both of these processes and the subjection (if any) of yarns so produced to any of the processes of reeling, warping, beaming or winding;

(xi) doubling, that is to say, the subjection of--

(a) yarns produced by spinning or throwing,

(b) continuous filaments,

(c) core yarns, or

(d) threads of rubber or elastomer covered by yarn,

to the process of twisting together two or more yarns or threads, or of inserting additional twist, or the further subjection of any yarns or threads so processed to either or both of those processes and the subjection (if any) of the yarns to any of the processes of gassing, reeling, warping, beaming, winding, bulking or texturising;

(xii) weaving, that is to say, the production on looms of textile fabrics from--

(a) yarns produced by spinning, throwing or doubling,

(b) core yarns,

(c) continuous filaments,

(d) strands of rubber or elastomer covered with yarns,

(e) raw silk, or

(f) any mixture of such yarns, filaments, strands or silk,

including the preparation of warp or weft;

(xiii) the bonding of any textile fibres or the production of any bonded or laminated fabric containing textile fibres or embodying any knitted fabric, lace, lace net or embroidery;

(xiv) the manufacture, stitching or decorating of any of the following products, that is to say--

(a) surgical dressings, handkerchiefs, towels, napkins, sanitary towels, table napery, sheets, bolster or pillow cases, candlewick bedspreads, counterpanes, mattress covers, teacloths, dust sheets, shrouds, dusters, or cleaning or polishing cloths,

(b) blankets, bedspreads, scarves or stoles, being products made from woven fabrics, or

(c) mats, rugs or toilet sets, being wholly or mainly candlewick or terry towelling products;

(xv) the manufacture of narrow fabrics, cut-edge ribbons, weftless ribbons, fancy cords, woven tapes, bias bindings, tassels or wicks;

(xvi) making up yarn in the form of hanks, skeins, balls, or the like of a kind normally sold by retail;

(xvii) the cutting of loops of the pile of any woven fabrics;

(xviii) the tufting of fabrics containing textile fibres;

(xix) the manufacture of pressed or needle felt;

(xx) the manufacture of carpets, carpeting, carpet underlays, mats, matting, rugs or similar floor coverings;

(xxi) the making or re-making of rope, cord, core for wire ropes, lines, twine, string or similar articles;

(xxii) the manufacture, rigging or repair of knotted or spliced netting or nets, by hand or by machine;

(xxiii) the making from woven fabrics of sacks or bags (whether or not comprising linings of non-woven material) or the reclamation or repair of such sacks or bags when such making, reclamation or repair is carried out by an employer engaged in the activities of the textiles industry or, where that employer is a company, by the company or an associated company of the company;

(xxiv) finishing, that is to say, the subjection of--

(a) textile fibres,

(b) textile waste,

(c) staple man-made fibres without limitation as to staple length,

(d) asbestos fibres,

(e) rove,

(f) yarns produced by spinning, throwing or doubling,

(g) continuous filaments,

(h) core yarns,

(i) strands of rubber or elastomer covered with yarn,

(j) any woven or knitted fabrics, or

(k) any products mentioned in sub-paragraphs (xiii), (xiv), (xv), (xvi), (xix), (xx), (xxi), (xxii) or (xxiii) of this paragraph,

to any of the processes of scouring, heat cleaning, bleaching, mercerising, polishing, tinting, dyeing, printing, embossing, schreinering, beetling, calendering, raising, stentering, shrinking, cropping, shearing, singeing, filling, pressing, proofing, impregnation or coating or to any similar process which effects a change in the appearance or characteristics of those products;

(xxv) the production of man-made fibres;

(xxvi) the processes of twisting, doubling, folding, winding, pirning, warping, warp dressing;

(xxvii) making-up and packing undertaken for employers engaged in, or for persons arranging the carrying out on commission of, any of the activities of spinning, throwing, doubling, weaving or finishing;

(xxviii) arranging, either directly or through another person, for the carrying out on commission of any of the foregoing activities;

(xxix) any activities (other than those above mentioned) being--

(a) related activities incidental or ancillary to principal activities of the textiles industry, or

(b) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities, and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;

(xxx) any activities of industry or commerce (other than textiles activities) carried out at or from an establishment mainly engaged--

(a) in textiles activities, or

(b) in textiles activities and in activities described in the Appendix to this Schedule, but to a greater extent in textiles activities than in activities described in that Appendix in relation to any one industry.

3. Paragraph 2 of this Schedule shall be construed as not including the following activities of industry, namely:

(i) the activities of any establishment engaged--

(a) mainly in activities not being textiles activities or activities described in the Appendix to this Schedule, or

(b) to a less extent in textiles activities than in activities described in that Appendix in relation to any one industry;

(ii) the activities of any establishment engaged wholly or mainly in related activities, being activities--

(a) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as "the principal establishment") engaged wholly or mainly in any activities not being principal activities of the textiles industry, and

(b) carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;

(iii) the activities of any establishment engaged wholly or mainly in the following activities or any of them, that is to say--

(a) the manufacture of knitted articles,

(b) when carried out by an employer engaged in the manufacture of knitted articles, the manufacture of any articles from knitted fabrics or from shaped pieces of material being knitted articles,

(c) the manufacture of lace, lace net and embroidery,

(d) the manufacture, or preparation, of any filling for bolsters, cushions, pillows, quilts, quilting, mattresses, divans or upholstered divan bases,

(e) the manufacture of paper, paperboard or of any products (not being sanitary towels) from paper or paperboard,

(f) the manufacture of any products (not being threads covered by yarn or needle felt products) wholly or mainly from cork, or wholly from rubber,

(g) the manufacture of products coated with any abrasive or plastics material,

(h) the rubberising of any textile fabrics not being asbestos textile fabrics or fabrics used for conveyor belting,

(i) the manufacture of electric cables,

(j) the manufacture of any products wholly or mainly from plastics material,

(k) the manufacture of linoleum or similar floor coverings,

(l) any process mentioned in sub-paragraph (i), (ii) or (iii) of paragraph 2 of this Schedule when carried out for the purposes of agriculture or of the manufacture of flock,

(m) any process mentioned in sub-paragraph (i), (ii), (iii) or (xix) of the said paragraph when carried out for the purposes of the manufacture of felt hats, felt hat hoods or capelines,

(n) the making up of electric blankets,

(o) the manufacture of brushes or brooms or, for the purpose of such manufacture, the drafting, dressing or mixing of animal hair, natural bristle, bass, whisk or similar fibres,

(p) the manufacture of wire-netting,

(q) the manufacture of--

(i) knitted articles,

(ii) lace, lace net or embroidery,

for subsequent manufacture into, or embroidery of, articles of wearing apparel at the same establishment, or

(r) arranging, either directly or through another person, for the carrying out on commission of any process or manufacture mentioned in Clause (l) or (m) of this sub-paragraph, where the person upon or from whose materials the process or manufacture is wholly or mainly to be carried out is engaged in any of the activities therein mentioned; or

(iv) the activities of any company, association or body having as its sole or one of its principal objects the provision of facilities for the employment of or the training or re-training for employment of disabled persons provided the constitution of such company, association or body requires that its income and property shall be applied solely to such object or to such object and other charitable objects and that no portion thereof may be transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of such company, association or body. Nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of such company, association or body or to any member thereof in return for services actually rendered or the payment of interest at a reasonable rate on money lent or reasonable and proper rent for premises demised or let by a member.

APPENDIX

The activities that would be included in an industry specified in Column 1 hereof by virtue of the industrial training order specified in the corresponding entry in Column 2, if the provisions specified in Column 3 were omitted from the Schedule to that order.

"

(2) Any reference in any Order made under section 24 of the Industrial Training Act, 1967 (No. 5 of 1967), to the Industrial Training (Textiles Industry) Order, 1968, shall be construed as a reference to that Order as amended by this Order.

GIVEN under the Seal of An Chomhairle Oiliúna this 5th

day of May, 1970.

The Seal of An Chomhairle Oiliúna was affixed in the presence of:

M. J. KILLEEN, Chairman

and B. MACMANUS

an officer of An Chomhairle Oiliúna authorised by An Chomhairle Oiliúna to act in that behalf.

EXPLANATORY NOTE.

An Chomhairle Oiliúna (The Industrial Training Authority) was established under the Industrial Training Act, 1967 to promote training in industry and commerce.

This Order amends the Schedule to the Industrial Training (Textiles Industry) Order, 1968 ( S.I. No. 278 of 1968 ) which specifies the activities of the textiles industry in relation to which An Chomhairle exercises its functions.