(17) Skills programmes.
(1) For the purposes of this Chapter, a “skills programme” means a skills programme that– is occupationally based;
- When completed, will constitute a credit towards a qualification registered in terms of the National Qualifications Framework as defined in section 1 of the South African Qualifications Authority Act;
- Uses training providers referred to in section 17 (1) (c); or
- Complies with the prescribed requirements.
(2) Any person that has developed a skills programme may apply to-
- a SETA with jurisdiction for a grant; or
- The Director-General for a subsidy.
(3) The SETA or the Director-General may fund the skills programme if it complies with-
- Subsection (1);
- Any requirements imposed by the SETA or the Director-General; and
- Any prescribed requirements; and
- It is in accordance with-
- The sector skills development plan of the SETA; or
- The national skills development strategy; and
- 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-
- The funds are not being used for the purpose for which they were made available;
- Any term or condition of the funding is not complied with; or
- The SETA or the Director-General, as the case may be, is not satisfied that the training is up to standard.
(18) Disputes.
(1) Any party to a dispute about the application or interpretation of-
- Any term or condition of funding referred to in section 20 (4); or
- Any provision of this Chapter,
- May refer the dispute to the Labour Court for adjudication.