Industrial Training (Distributive Board) Order 1970
| Jurisdiction | UK Non-devolved |
| Citation | SI 1970/1053 |
| Year | 1970 |
1970 No. 1053
INDUSTRIAL TRAINING
The Industrial Training (Distributive Board) Order 197015thJuly 1970
27thJuly 1970
29thJuly 1970
The Secretary of State after consultation with the Distributive Industry Training Board and with organisations and associations of organisations appearing to be representative respectively of substantial numbers of employers engaging in the activities hereinafter mentioned and of substantial numbers of persons employed in those activities and with the bodies established for the purpose of carrying on under national ownership industries in which the said activities are carried on to a substantial extent and in exercise of his powers under section 9 of the Industrial Training Act 1964(a) and of all other powers enabling him in that behalf hereby makes the following Order:—
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Industrial Training (Distributive Board) Order 1970 and shall come into operation on 29th July 1970.
(2) In this Order—
(a) "the Act" means the Industrial Training Act 1964;
(b) "the Board" means the Distributive Industry Training Board;
(c) "the levy Order" means the Industrial Training Levy (Distributive Board) Order 1969(b);
(d) "the principal Order" means the Industrial Training (Distributive Board) Order 1968(c).
(3) The Interpretation Act 1889(d) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament and as if this Order and the principal Order were Acts of Parliament.
Activities of the Board
2. The activities in relation to which the Board exercises the functions conferred by the Act upon industrial training boards shall, in lieu of the activities specified in Schedule 1 to the principal Order, be the activities specified in the Schedule to this Order, and accordingly in the principal Order the latter Schedule shall be substituted for the former Schedule.
(a) 1964 c. 16.
(b) S.I. 1969/1240 (1969 III, p. 3747).
(c) S.I. 1968/1032 (1968 II, p. 2709).
(d) 1889 c. 63.
Transitional Provisions
3.—(1) The chairman and other members of the Board on the day upon which this Order comes into operation shall continue to be members of the Board and to hold and vacate their offices in accordance with the terms of the instruments appointing them to be members.
(2) The provisions of this Order shall not—
(a) extend the operation of the levy Order;
(b) affect the operation of the levy Order in relation to the assessment of an employer within the meaning of that Order in respect of an establishment that was engaged in the first levy period wholly or mainly in activities included in the Schedule to this Order;
(c) affect the operation of any assessment notice served by the Board under the provisions of the levy Order before the day upon which this Order comes into operation or any appeal or other proceedings arising out of any such notice.
Robert Carr, Secretary of State for Employment and Productivity.
15th July 1970.
Article 2
SCHEDULE
THE DISTRIBUTIVE INDUSTRY
1. Subject to the provisions of this Schedule, the activities of the distributive industry are the following activities in so far as they are carried out in Great Britain:—
(a) dealing in goods;
(b) operating a broadcast relay station;
(c) letting out on hire audio or video receiving apparatus;
(d) the installation, testing, inspection or repair of audio or video receiving apparatus or of transmission lines connected with such apparatus, being operations carried out in furtherance of an agreement made between a person carrying on the business of selling or hiring out such apparatus or of operating a broadcast relay station and a person to whom such apparatus has been sold or hired or who is a subscriber to the service provided from such a station;
(e) operating a trading stamp scheme;
(f) operating a business of check trading;
(g) any activities (other than those above mentioned), being—
(i) related activities incidental or ancillary to principal activities of the distributive industry; or
(ii) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities;
and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;
(h) any activities of industry or commerce (other than distributive activities) carried out at or from an establishment mainly engaged—
(i) in distributive activities; or
(ii) in distributive activities and in activities described in the Appendix to this Schedule, but to a greater extent in distributive activities than in activities described in that Appendix in relation to any one industry.
2. Notwithstanding anything contained in this Schedule, there shall not be included in the activities of the distributive industry:—
(a) the activities of any establishment engaged—
(i) mainly in activities not being distributive activities or activities described in the Appendix to this Schedule; or
(ii) to a less extent in distributive activities than in activities described in that Appendix in relation to any one industry;
(b) the activities of any establishment engaged wholly or mainly in related activities (not being activities specified in paragraph 3 of this Schedule) where such activities are—
(i) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as "the principal establishment") engaged wholly or mainly in any activities not being principal activities of the distributive industry; and
(ii) carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;
(c) the activities of any establishment engaged wholly or mainly in—
(i) any activities of a kind specified in an entry (not being item No. 22) in the second column of the next following Table (being activities undertaken in relation to all or any of the goods specified in the corresponding entry in the third column of that Table) or in two or more of such entries; or
(ii) any activities of a kind specified in item No. 22 in the second column of the said Table, being activities undertaken in relation to any goods comprised in one or two (but not more than two) of the categories specified in the corresponding entry in the third column thereof;
TABLE
Item No. Activity Relevant Goods
1. Dealing. Fleeces, textile fibres and tops
2. Dealing (not being selling by Yarn
retail)
3. Dealing. Iron, steel and tinplate
4. Dealing (not being selling by Building, plumbing, decorating, heating
retail) with persons engaging in the ventilating or air-conditioning materials or
construction industry. equipment, architectural and builders' iron-
mongery and cloakroom fittings.
5. Dealing in the capacity of agent or Ships.
broker.
6. Dealing. Wood, battenboard, blockboard, fibre
building board, laminboard, particle board,
plywood and veneer.
7. Dealing. Motor vehicles, trailers, and tyres for motor
vehicles or trailers.
8. Dealing (not being selling by Components, replacements, spare parts and
retail). accessories (not being tyres) for motor
vehicles or trailers.
9. Dealing. Transport service equipment.
10. Dealing. Agricultural or horticultural machinery and
equipment.
11. Dealing. Petroleum and any petroleum product.
12. Dealing (not being selling by (a) Acids, bases, alkalis, salts, esters and
retail) when the goods have been their intermediates or derivatives;
manufactured outside Great (b) solvents and reagents;
Britain and the dealing is by the (c) gases;
manufacturer thereof or by an (d) natural or synthetic dyestuffs and their
associated company of the manu- intermediates;
facturer, being a company. (e) natural or synthetic pigments and their
intermediates;
(f) detonating or explosive compositions,
pyrotechnics, fireworks and chemical
firelighters;
(g) fertilizers and conditioners of the soil;
(h) plastics material and synthetic rubber;
(i) any chemical from a feedstock derived
from petroleum;
(j) disinfectants, pesticides, fungicides and
herbicides;
(k) chemical auxiliary agents for use in the
manufacture or processing of leather,
paper, plastics material, rubber, textile
yarn or textile fabric;
(l) organo-silicon, organo-phosphorus,
organo-sulphur or organo-metallic
compounds;
(m) catalysts, catalyst supports or carriers,
enzymes, isotopes and similar products;
(n) detergents and surface active agents.
13. Dealing (not being selling by Any drug or medicine that is either—
retail) by the user of a trade mark (a) manufactured, for the user of a trade
specified in the third column here- mark in respect of such drug or
of. medicine or of a class of such goods, by
another person in pursuance of a con-
tract so to do; or
(b) imported into Great Britain by such a
user in a state in which it is ready for
sale in the United Kingdom of Great
Britain and Northern Ireland or in
which, prior to such sale, it requires no
further processing other than final
assembly or packaging.
14. Dealing, where the person carrying Photographic materials or equipment.
on the establishment is engaged in
the manufacture of sensitive
materials for the purposes of
photography or of recording sound
or vision.
15. Dealing. Wood pulp.
16. Dealing (not being selling by Paper.
retail).
17. Publishing. Any of the following publications or any
publications similar thereto—
(a) books,...To continue reading
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