Statutory Rules of Northern Ireland
1997 No. 46

INDUSTRIAL TRAINING
Industrial Training Levy (Construction Industry) (Amendment) Order (Northern Ireland) 1997

Made
5th February 1997

Coming into operation
28th February 1997

Whereas proposals made by the Construction Industry Training Board(1) (“the Board”) for the raising and collection of a levy have been submitted to, and approved by, the Department of Economic Development (“the Department”) under Article 23(1) of the Industrial Training (Northern Ireland) Order 1984(2) (“the Order of 1984”);
And whereas the Department estimates that the amount which will be payable by any employer in the construction industry by virtue of this Order does not exceed an amount which the Department estimates is equal to one per cent. of the relevant emoluments being the aggregate of the emoluments and payments intended to be disbursed as emoluments which have been paid or are payable by any such employer to or in respect of persons employed in the industry, in respect of the period specified, in the levy proposals as relevant, that is to say the period hereafter referred to in this Order as the “thirty-second base period” or, where an election is made, as the “alternative thirty-second base period”;
And whereas in pursuance of Article 23(3) of the Order of 1984 the said proposals include provision for the exemption from the levy of employers who, in view of the small amount of the relevant emoluments, ought in the opinion of the Department to be exempted from it;
And whereas in pursuance of Article 25(6)(a) of the Order of 1984 the levy proposals include proposals that no remission be given to employers in the industry;
And whereas the levy proposals include provision that the amount of the non-remissible part of the levy will exceed two-tenths of one per cent. of the relevant emoluments;
And whereas in pursuance of Article 23(6) of the Order of 1984 the Department is satisfied and the relevant organisations consider, after taking reasonable steps to ascertain the views of the persons they represent, that the levy proposals are necessary to encourage adequate training in the industry;
And whereas Article 23(7)(b) of the Order of 1984 is applicable;

Now, therefore, the Department in exercise of the powers conferred on it by Articles 23(2) and (3) and 24(3) and (4) of the Order of 1984, and of every other power enabling it in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Industrial Training Levy (Construction Industry) (Amendment) Order (Northern Ireland) 1997 and shall come into operation on 28th February 1997.

Amendment

2.  With effect from 28th February 1997 this Order shall cease to apply in relation to any employer whose activities fall within paragraph 2(h) of Schedule I to the Construction Board Order(3) and accordingly nothing in this Order shall be taken to—

(a)impose a levy upon such an employer in respect of any period falling on or after that date; or

(b)require such an employer to pay an amount in respect of that period by virtue of an assessment notice served in connection with the levy.

Sealed with the Official Seal of the Department of Economic Development on

L.S.
C. C. Thompson
Assistant Secretary
5th February 1997.

Explanatory Note

(This note is not part of the Order.)

This Order amends the Industrial Training Levy (Construction Industry) Order (Northern Ireland) 1996 (“the 1996 Order”) by providing that from 28th February 1997 in relation to any employer engaged wholly or mainly in electrical construction, installation, maintenance or repair work nothing in the 1996 Order:
(a)shall be taken to impose a levy upon such an employer in respect of any period falling on or after that date; and
(b)shall require such an employer to pay an amount in respect of that period by virtue of an assessment notice served in connection with the levy.


(1)
Established under the Construction Board Order

(2)
S.I. 1984/1159 (N.I. 9)

(3)
The Construction Board Order was further amended by the Industrial Training (Construction Board) (Amendment) Order (Northern Ireland) 1997