Industrial Training Levy (Distributive Board) Order 1981

JurisdictionUK Non-devolved
CitationSI 1981/711

1981 No. 711

INDUSTRIAL TRAINING

The Industrial Training Levy (Distributive Board) Order 1981

1stMay 1981

15thMay 1981

5thJune 1981

Whereas proposals made by the Distributive Industry Training Board for the raising and collection of a levy have been submitted to, and approved by, the Manpower Services Commission under section 7 of the Industrial Training Act 1964(a) ("the 1964 Act) and have thereafter been submitted by the said Commission to the Secretary of State under section 7 (1C) of the 1964 Act;

And whereas in pursuance of section 7(1A)(a) of the 1964 Act the said proposals include provision for the exemption from the levy of employers who, in view of the small number of their employees, ought in the opinion of the Secretary of State to be exempted from it;

And whereas the Secretary of State estimates that the amount which, disregarding any exemptions, will be payable by virtue of this Order by any employer in the distributive industry, does not exceed an amount which the Secretary of State estimates is equal to one per cent. of 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 said proposals as relevant, that is to say the period hereafter referred to in this Order as "the thirteenth base period";

And whereas the Secretary of State is satisfied that proposals published by the said Board in pursuance of section 4A of the 1964 Act provide for exemption certificates relating to the levy in such cases as he considers appropriate;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 4 of the 1964 Act and of all other powers enabling him in that behalf hereby makes the following Order:—

Citation and Commencement

1. This Order may be cited as the Industrial Training Levy (Distributive Board) Order 1981 and shall come into operation on 5th June 1981.

Interpretation

2.—(1) In this Order unless the context otherwise requires:—

(a) "agriculture" has the same meaning as in section 109(3) of the

(a) 1964 c. 16; the Industrial Training Act 1964 was amended by the Employment and Training Act 1973 (c. 50), section 6 and Part I of Schedule 2. The relevant provisions of the Industrial Training Act 1964, as amended, are reproduced in the Employment and Training Act 1973, Part II of Schedule 2.

Agriculture Act 1947(a) or, in relation to Scotland, as in section 86(3) of the Agriculture (Scotland) Act 1948(b);

(b) "an appeal tribunal" means an industrial tribunal established by regulations made under section 12 of the Industrial Training Act 1964, being regulations which, by virtue of section 128(2) of the Employment Protection (Consolidation) Act 1978(c), continue to have effect as if made under section 128(1) of that Act;

(c) "assessment" means an assessment of an employer to the levy;

(d) "the Board" means the Distributive Industry Training Board;

(e) "business" means any activities of industry or commerce;

(f) "distributive establishments" means an establishment in Great Britain engaged in the thirteenth base period wholly or mainly in the distributive industry for a total of twenty-seven or more weeks or, being an establishment that commenced to carry on business in the thirteenth base period, for a total number of weeks exceeding one half of the number of weeks in the part of the said period commencing with the day on which business was commenced and ending on the last day thereof;

(g) "the distributive industry" does not include any activities of an establishment which have been transferred from the industry of the Board to the industry of another industrial training board by one of the transfer orders but save as aforesaid means any one or more of the activities which, subject to the provisions of paragraph 2 of the Schedule to the industrial training order, are specified in paragraph 1 of that Schedule as the activities of the distributive industry or, in relation to an establishment whose activities have been transferred to the industry of the Board by one of the transfer orders, any activities so...

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