Industrial Training (Food, Drink and Tobacco Board) Order 1971
| Jurisdiction | UK Non-devolved |
1971 No. 648
INDUSTRIAL TRAINING
The Industrial Training (Food, Drink and Tobacco Board) Order 197119thApril 1971
30thApril 1971
5thMay 1971
The Secretary of State after consultation with the Food, Drink and Tobacco 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 (Food, Drink and Tobacco Board) Order 1971 and shall come into operation on 5th May 1971.
(2) In this Order :—
(a) "the Act" means the Industrial Training Act 1964 ;
(b) "the Board" means the Food, Drink and Tobacco Industry Training Board ;
(c) "levy Order" means the Industrial Training Levy (Food, Drink and Tobacco) Order 1969(b) or the Industrial Training Levy (Food, Drink and Tobacco) Order 1970(c) ;
(d) "the principal Order" means the Industrial Training (Food, Drink and Tobacco Board) Order 1968(d).
(3) The Interpretation Act 1889(e) 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. 1969/1091 (1969 II, p. 3166).
(c) S.I. 1970/704 (1970 II, p. 2233).
(d) S.I. 1968/1033 (1968 II, p. 2721).
(e) 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 either levy Order ;
(b) affect the operation of either 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 or the second levy period, as the case may be, 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 either levy Order before the day upon which this Order comes into operation or any appeal or other proceedings arising out of any such notice.
Signed by order of the Secretary of State.
Paul Bryan, Minister of State, Department of Employment.
19th April 1971.
Article 2
SCHEDULE
THE FOOD, DRINK AND TOBACCO INDUSTRY
1. Subject to the provisions of this Schedule, the activities of the food, drink and tobacco industry are the following activities in so far as they are carried out in Great Britain:—
(a) any operations by way of business in—
(i) the processing of food or drink for human or animal consumption;
(ii) the production of crude, refined or processed oil, being vegetable, animal, whale or fish oil;
(iii) the production, from any part of an animal carcass, of fats, greases, tallows or sausage casings;
(b) the manufacture of fish meal;
(c) the manufacture of starches;
(d) the manufacture of ice;
(e) the manufacture of tobacco;
(f) the manufacture of barrels, casks, kegs, tubs or vats, being articles wholly or mainly of wood;
(g) the slaughtering of cattle, sheep, swine, goats, horses, asses or mules, when the flesh is intended for human or animal consumption;
(h) grading, packing or warehousing fleeces being the property of the British Wool Marketing Board;
(i) dealing (not being selling by retail) in all or any of the products following—
(i) bread, flour, flour confectionery and yeast;
(ii) milk, ice cream and any commodity similar to ice cream;
(iii) meat;
(iv) fish;
(v) horticultural produce;
(vi) intoxicating liquor, soft drink, tea and raw or green coffee;
(j) grading, packing or dealing (not being selling by retail) in shell eggs;
(k) selling by retail any of the products specified in the categories following—
(i) bread, flour, flour confectionery and yeast;
(ii) milk, ice cream and any commodity similar to ice cream;
(iii) meat;
(iv) bacon;
(v) fish;
(vi) horticultural produce;
(l) dealing in all or any of the products following—
(i) grain, other cereals and pulse;
(ii) vegetable, animal, whale or fish oil, whether crude, refined or processed, and oilseeds;
(iii) feeding stuffs intended for use as food for animals, hay and straw;
(m) cleaning, mixing, processing or dealing in seeds;
(n) the administration, control or direction of one or more establishments engaged outside Great Britain wholly or mainly in any activities specified in sub-paragraph (a), (b), (e) or (l)(ii) of this paragraph;
(o) the activities of a marketing board being activities of industry or commerce;
(p) any activities (other than those above mentioned) being—
(i) related activities incidental or ancillary to principal activities of the food, drink and tobacco 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;
(q) any other activities of industry or commerce carried out at or from an establishment (not being an establishment of a marketing board) mainly engaged—
(i) in food, drink and tobacco activities; or
(ii) in food, drink and tobacco activities and in activities described in the Appendix to this Schedule, but to a greater extent in food, drink and tobacco 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 food, drink and tobacco industry:—
(a) the activities of any establishment (not being an establishment of a marketing board) engaged—
(i) mainly in activities not being food, drink and tobacco activities or activities described in the Appendix to this Schedule; or
(ii) to a less extent in food, drink and tobacco 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, being activities—
(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 food, drink and tobacco 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 the activities following or any of them, that is to say—
(i) dealing in shell eggs by an employer who is engaged substantially in the production of hens' eggs;
(ii) slaughtering, de-feathering, eviscerating or preparing for sale, poultry;
(iii) public warehousing;
(iv) the manufacture of infant...
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