S.I. No. 21/1970 - Industrial Training (Printing and Paper Industry) Order, 1970.

S.I. No. 21 of 1970.

INDUSTRIAL TRAINING (PRINTING AND PAPER INDUSTRY) ORDER, 1970.

An Chomhairle Oiliúna, after consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities hereby, in exercise of the powers conferred on it by Section 23 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following order:

1. This Order may be cited as the Industrial Training (Printing and Paper Industry) Order, 1970.

2. the Activities of the printing and paper industry specified in the Schedule to this Order are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

SCHEDULE.

1. (1) In this Schedule—

"cinematograph films" includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture;

"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);

"dealing" means by way of business and in the capacity of principal, agent or broker—

(a) in relation to any product situate in the State, buying or selling such product, or

(b) in relation to any product situate elsewhere, importing it into the State;

"display writing" means glass, poster, sign or ticket writing for display purposes;

"flexible packaging materials" means materials manufactured by a process that involves coating, impregnating or laminating paper;

"local authority" means the council of a county, county or other borough, or of an urban or rural district;

"manufacture" in relation to a product includes any process of printing on that product when undertaken by the manufacturer thereof, and any other process or operation incidental or appertaining to manufacture as so defined;

"news agency" means an undertaking engaged wholly or mainly in the provision for reward of regular reports of news and other current information, but does not include an agency that investigates and reports on the credit worthiness of persons;

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

"paper" means any sheet or continuous web of material (including paper-board, fibreboard and fibre building board) made by the deposition of fibres of any kind from a suspension in a liquid or gas, with or without the addition of any other substance;

"paper products" means any products that consist wholly or mainly of paper (not being fibre building board) or that are manufactured wholly or mainly from paper pulp or used or waste paper;

"photographic news agency" means an undertaking engaged wholly or mainly in the supply of photographs for reproduction in newspapers or other publications specified in paragraph 2 (vi) (b) of this Schedule;

"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 printing and paper industry"means activities which, subject to the provision of paragraph 3 of this Schedule, are specified in paragraph 2 other than sub-paragraphs (xxi) and (xxii) thereof, as activities of the printing and paper industry;

"printing and paper activities" means any one or more of the principal activities of the printing and paper industry and the activities included in that industry by virtue of paragraph 2 (xxi) of this Schedule;

"processing of plastics material" means any of the following operations when carried out on or with plastics materials, that is to say, masticating, compounding, mixing, calendering, extruding, moulding, pressing, thermoforming, blowing, casting, dipping, coating, encapsulating, heat sealing, laminating, filament winding, machining, cutting, vulcanising or foaming;

"production" includes any process or operation incidental or appertaining to production;

"publishing" in relation to any publication of a kind referred to in paragraph 2 (vi) of this Schedule means, by way of business and for the purposes of gain, issuing the same for sale or distribution to the public;

"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, studios 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;

"selling by retail" in relation to paper means selling it by way of business to a person who buys otherwise than for the purpose of re-sale, use in manufacture or processing.

(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) printing on paper or other material by any of the processes following—

(a) letterpress printing by direct or offset methods or by flexography,

(b) lithographic printing by direct or offset methods,

(c) photogravure printing,

(d) electrostatic printing,

(e) collotype printing,

(f) screen printing,

(g) die-stamping or embossing,

(h) thermographic printing,

(i) ruling, or

(j) cutting, creasing or scoring by letterpress process;

(ii) the operations or processes following—

(a) composing or making up either from type, metal or blocks or from positive or negative images on paper or film or on other opaque, translucent or transparent material,

(b) producing tapes or spools of any kind as part of a composing process,

(c) for the purpose of reproducing an image, preparing, engraving, etching, cutting or moulding cylinder liners, cylinders, plates or rollers,

(d) making printers' blocks,

(e) electro-typing, stereo-typing, type-setting or type-casting,

(f) cutting stencils or preparing screens for the purpose of screen printing,

(g) for the purpose of printing music, engraving or punching plates or drawing black and white originals for photographic reproduction,

(h) any chemical, electrical, electronic, photographic, retouching, inspection, quality control or finishing process connected with any operation or process above-mentioned in this sub-paragraph, or

(i) proof reading;

(iii) finishing paper or other material by any of the processes following or by any process similar thereto, that is to say—

(a) assembling, collating, creasing, folding, gathering or insetting,

(b) cutting, eyeletting, perforating, punching, stabbing or trimming,

(c) cording, gumming, mounting, stapling, strutting or tying,

(d) backing, back-lining, binding, case-making, casing-in, covering, end-papering, jacketing, lacing, nipping, pressing, rounding, sewing, skiving, smashing or stitching, or

(e) blind lettering, blocking, gilding, glazing, gold-tooling, indexing, marbling, numbering, sizing, sprinkling or varnishing,

where such paper or other material has been printed by a process specified in sub-paragraph (i) of this paragraph;

(iv) any process of copying by stencil, silver photographic, electrophotographic, thermographic, diazo, true-to-scale or any other reprographic means;

(v) the repairing of books;

(vi) publishing any of the following publications or any publications similar thereto—

(a) books, booklets, calendars, catalogues, diaries, directories or timetables,

(b) magazines, newspapers, periodicals or professional, technical or trade journals,

(c) art reproductions, greeting cards or picture postcards, or

(d) charts, globes or maps;

(vii) any activities of an editorial character undertaken in connection with the publication in the State or elsewhere of books, booklets, calendars, catalogues, diaries, directories, timetables, charts, globes, maps or any similar publications;

(viii) any activities of an editorial, journalistic or similar character or press photography, being activities undertaken in connection with the publication in the State or elsewhere of magazines, newspapers, periodicals or professional, technical or trade journals or any similar publications;

(ix) taking and selling photographs;

(x) operating a news agency or a photographic news agency or other photographic agency;

(xi) display writing;

(xii) the assembly of creasing, cutting or scoring formes or of forming tools for use in the manufacture from paper of either folding cartons or (for use in connection with the display of goods of any kind) showcards or other printed products;

(xiii) the production of pulp of any kind for use in the manufacture of paper;

(xiv) the sorting or grading, for use in the manufacture of paper, of used or waste paper;

(xv) the manufacture of paper (excluding the manufacture of fibre building board);

(xvi) the manufacture of paper products;

(xvii) the manufacture of flexible packaging materials by a process involving coating, impregnating or laminating paper;

(xviii) the processing of plastics material into sacks or bags;

(xix) dealing in wood pulp;

(xx) dealing (not being selling by retail) in paper other than fibre building board;

(xxi) any activities (other than those above-mentioned) being—

(a) related activities incidental or ancillary to principal activities of the printing and paper 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;

(xxii) any activities of industry or commerce (other than printing and paper activities) carried out at or from an establishment mainly engaged—

(a) in printing and paper activities, or

(b) in printing and paper activities and in activities described in the Appendix to this Schedule, but to a greater extent in printing and paper 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 (not being that of a local authority) engaged—

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

(b) to a less extent in printing and paper 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 printing and paper 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 activities following or any one of them, that is to say—

(a) printing on metal plates for use in the manufacture of metal containers,

(b) printing electrical circuits,

(c) printing on ceramic or glass products of any kind,

(d) printing on textile fabrics used otherwise than in connection with the printing or binding of books,

(e) any activities specified in sub-paragraph (ii) or (iii) of paragraph 2 of this Schedule when carried out by an employer engaged mainly in printing, or in any other finishing process, on textile fabrics,

(f) the operation of aircraft,

(g) processing or printing sensitive photographic materials otherwise than in connection with any activities mentioned in sub-paragraph (ii), (iv), (viii), (ix) or (x) of the said paragraph 2,

(h) selling, whether by wholesale or retail any publications specified in sub-paragraph (vi) of the said paragraph 2,

(i) the making or exhibiting of cinematograph films,

(j) the manufacture of yarn, woven fabric, or sanitary towels, or the treating of cotton linters,

(k) the manufacture of patterns or models constructed for engineering purposes,

(l) the manufacture of articles coated with abrasive material,

(m) the manufacture of matches or matchboxes,

(n) the manufacture of any floor covering made from bitumen saturated grey felt paper that is paint-coated and finished with an enamel paint or plastics surface,

(o) the manufacture of waterproof felt of a kind used as a damp course, flashing or as a roof covering or lining,

(p) the manufacture of pyrotechnics or fireworks,

(q) the manufacture, processing or printing of sensitive materials for the purposes of photography, or the sale of such materials by the manufacturer thereof,

(r) the coating or impregnation of paper with plastics material when carried out by an employer engaged substantially in the manufacture of such material,

(s) the processing of plastics material other than the processing of such material into sacks or bags,

(t) the manufacture of attaché, brief, dispatch or executive cases, suitcases, trunks or any similar receptacles of a kind used for personal or domestic purposes,

(u) the manufacture of components for footwear,

(v) the manufacture of any articles of clothing,

(w) the manufacture of window blinds, or

(x) the manufacture of lampshades;

(iv) any activities specified in paragraph 2 (xxi) or paragraph 2 (xxii) when carried out by a local authority;

(v) the supply of food or drink for immediate consumption; or

(vi) 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.

GIVEN under the seal of An Chomhairle Oiliúna this 2nd day of February, 1970.

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

M. J. KILLEEN, Chairman

and

B. Mac MAGHNUIS

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 defines the activities of the Printing and Paper Industry in relation to which An Chomhairle Oiliúna shall exercise its functions.