| (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]
[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 |
| (3) | The SETA or the Director-General may fund the skills programme if— |
| (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. |
