Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd June, 2023.

An tSeirbhís Oideachais Leanúnaigh agus Scileanna, after making such inquiries as it thinks proper and 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, in exercise of the powers conferred on it by section 23 of the Industrial Training Act 1967 (No. 5 of 1967) and by section 38 of the Further Education and Training Act 2013 (No. 25 of 2013) hereby makes the following Order:

1. This Order may be cited as the Industrial Training (Agricultural and Horticultural Industry) Order 2023.

2. The following activities are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act 1967 (No. 5 of 1967):

(a) the husbandry and reproductive management of animals on a farm for the production of products including, but not limited to: food and feed; food and feed ingredients; live animals for sale; and textiles, fuels, cosmetics and/or medicines;

(b) the husbandry and reproductive management of horses for purposes including, but not limited to: use in equestrian sports and recreation; use in agricultural work; use in transportation; and use by law enforcement personnel in the conduct of law enforcement activities;

(c) the cultivation, planting, inspection, maintenance and reproductive management of plants, fungi or algae on a farm for the production of products including, but not limited to: food and feed; food and feed ingredients; live plants, fungi and/or algae for sale; and textiles, fuels, cosmetics and medicines; and

(d) the cultivation, planting, inspection, maintenance, styling and reproductive management of plants for purposes including, but not limited to: conservation; recreation and/or enjoyment; and sale as live plants.

3. In this Order:

“2002 Regulation” means Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

“animal” means a member of the kingdom animalae other than a human being;

“feed” has the meaning assigned to it in Article 3(4) of the 2002 Regulation;

“food” has the meaning assigned to it in Article 2 of the 2002 Regulation.

4. The provisions of this Order shall not apply to any activity of industry for which a separate industrial training order is, for the time being, in force.

GIVEN under the Official Seal of An tSeirbhís Oideachais Leanúnaigh agus Scileanna,

8 June 2023.

The Seal of An tSeirbhís Oideachais Leanúnaigh agus Scileanna was affixed in the presence of:

SEAN AYLWARD

SOLAS Chairman

a member of An tSeirbhís Oideachais Leanúnaigh agus Scileanna, authorised by An tSeirbhís Oideachais Leanúnaigh agus Scileanna to act in that behalf.

ANDREW BROWNLEE

SOLAS CEO

a member of An tSeirbhís Oideachais Leanúnaigh agus Scileanna, authorised by An tSeirbhís Oideachais Leanúnaigh agus Scileanna to act in that behalf.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

An tSeirbhís Oideachais Leanúnaigh agus Scileanna was established under the Further Education and Training Act 2013 to promote training in industry and commerce.

This Order defines the activities of the agricultural and horticultural industry in relation to which An tSeirbhís Oideachais Leanúnaigh agus Scileanna shall exercise its functions in the creation of statutory apprenticeships.