Skills Development Act, 1998 (Act No. 97 of 1998)

Constitutions

Constitution of the Bank Sector Education and Training Authority (BANKSETA)

3. Definitions and Interpretation of Terms
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Unless the context requires otherwise, the terms listed below shall be interpreted as defined:

 

"Act"

means the Skills Development Act, 1998 (Act No. 97 of 1998);

 

"Authority"

means the Banking Sector Education and Training Authority established in terms of Section 9 of the Act and read with Government Gazette No. 27445 of March 2005;

 

"Chief Executive Officer"

means the officer appointed by the Council as described in clauses 14.2 and 14.3 below.

 

"Council"

shall mean the members of the Authority as described in clause 9 below;

 

"Council Member"

shall mean a member of the Council as described in clause 9 below;

 

"Department"

means the Department of Finance;

 

"employee"

includes an employee as defined in the fourth schedule of the Income Tax Act and means:

1.any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; or
2.any other person who in a manner assists in carrying on or conducting the business of an employer;

 

"Employee Forum"

shall mean the body that nominates and elects representatives of employees in the banking sector, in accordance with its Constitution, to serve on the Council;

 

"employer"

includes an employer as defined in the fourth schedule to the Income Tax Act;

 

"Employer Forum"

shall mean the body that nominates and elects representatives of employers in the banking sector, in accordance with its  Constitution, to serve on the Council;

 

"Income Tax Act"

means the Income Tax Act 1962, (Act No. 58 of 1962);

 

"Minister"

means the Minister of Labour;

 

"NPO Act"

shall mean the Non-profit Organisations Act 1997, (Act No. 71 of 1997);

 

"National Skills Authority"

means the National Skills Authority established by section 4 of the Act;

 

"national skills development policy"

means the national skills development policy referred to in section 5(1)(a)(i) of the Act;

 

"national skills development strategy"

means the national skills development strategy referred to in section 5(1)(a)(ii) of the Act;

 

"National Skills Fund"

means the National Skills Fund established by section 27 of the Act;

 

"Nominating Body"

shall mean an organisation belonging to either the Employer Forum or the Employee Forum.

 

"office-bearers"

shall mean all Trustees, Directors, Secretaries, Principals, Regional Representatives, Managers, Liaison Officers or other persons holding any office by virtue of their appointment as an office-bearer of the Authority in terms of this Constitution and the Act;

 

"regulation"

means a regulation made and in force in terms of section 36 of the Act;

 

"SETA"

means a Sector Education and Training Authority established in terms of section 9(1) of the Act;

 
"SARS"

shall mean the South African Revenue Service;

 

"Skills Development Levies Act"

means the Skills Development Levies Act, 1999 (Act No. 9 of 1999)

 

"skills development levies"

means the skills development levy payable in terms of section 3 of the Skills Development Levies Act;

 

"South African Qualifications Authority"

means the South African Qualifications Authority established by section 3 of the South African Qualifications Authority Act 1995 (Act No. 58 of 1995);

 

'Worker"

includes an employee, an unemployed person and a work-seeker.

 

 

Unless inconsistent with the context of this agreement, any expression which denotes any gender, shall include the other gender and vice versa.