Industrial Training Levy (Hotel and Catering) Order 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/1523 |
1969 No. 1523
INDUSTRIAL TRAINING
The Industrial Training Levy (Hotel and Catering) Order 196924thOctober 1969
6thNovember 1969
19thNovember 1969
The Secretary of State after approving proposals submitted by the Hotel and Catering Industry Training Board for the imposition of a further levy on employers in the hotel and catering industry and in exercise of her powers under section 4 of the Industrial Training Act 1964(a) and of all other powers enabling her in that behalf hereby makes the following Order:—
Title and commencement
1. This Order may be cited as the Industrial Training Levy (Hotel and Catering) Order 1969 and shall come into operation on 19th November 1969.
Interpretation
2.—(1) In this Order unless the context otherwise requires:—
(a) "an appeal tribunal" means an industrial tribunal established under section 12 of the Industrial Training Act 1964;
(b) "assessment" means an assessment of an employer to the levy;
(c) "the Board" means the Hotel and Catering Industry Training Board;
(d) "emoluments" means all emoluments assessable to income tax under Schedule E (other than pensions), being emoluments from which tax under that Schedule is deductible, whether or not tax in fact falls to be deducted from any particular payment thereof;
(e) "employer" means a person who is an employer in the hotel and catering industry at any time in the third levy period;
(f) "establishment" (except in sub-paragraph (g) or (h) of this paragraph) means an establishment comprising catering activities or a hotel and catering establishment;
(g) "establishment comprising catering activities" means an establishment in Great Britain at or from which persons were employed in the third base period in the supply of food or drink to persons for immediate consumption, but does not include—
(i) a hotel and catering establishment; or
(ii) an establishment in which the employer supplied for immediate consumption light refreshments to persons employed at or from the same where the employer was not otherwise engaged at or from the establishment in any activities to which paragraph 1 of the Schedule to the industrial training order applies or in the manufacture of any chocolate or flour confectionery so supplied as light refreshments;
(a) 1964 c. 16.
(h) "hotel and catering establishment" means an establishment in Great Britain that was engaged in the third base period wholly or mainly in the hotel and catering industry;
(i) "hotel and catering industry" 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 hotel and catering industry;
(j) "the industrial training order" means the Industrial Training (Hotel and Catering Board) Order 1969(a);
(k) "the levy" means the levy imposed by the Board in respect of the third levy period;
(l) "notice" means a notice in writing;
(m) "the supply of food or drink to persons for immediate consumption" means such a supply either by way of business or by a person carrying on a business to persons employed in the business;
(n) "the third base period" means the period of twelve months that commenced on 6th April 1968;
(o) "the third levy period" means the period commencing with the day upon which this Order comes into operation and ending on 31st March 1970;
(p) other expressions have the same meaning as in the industrial training order.
(2) In the case where an establishment is taken over (whether directly or indirectly) by an employer in succession to, or jointly with, another person, a person employed at any time in the third base period at or from the establishment shall be deemed, for the purposes of this Order, to have been so employed by the employer carrying on the said establishment on the day upon which this Order comes into operation, and any reference in this Order to persons employed by an employer in the third base period at or from an establishment shall be construed accordingly.
(3) Any reference in this Order to an establishment that ceases to carry on business shall not be taken to apply where the location of the establishment is changed but its business is continued wholly or mainly at or from the new location, or where the suspension of activities is of a temporary or seasonal nature.
(4) The Interpretation Act 1889(b) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
Imposition of the Levy
3.—(1) The levy to be imposed by the Board on employers in respect of the third levy period shall be assessed in accordance with the provisions of this and the next following Article.
(2) Subject to the provisions of the next following Article, the levy shall be assessed by the Board separately in respect of each establishment of an employer (not being an employer who is exempt from the levy by virtue of paragraph (3) of this Article), but in agreement with the employer one assessment may be made in respect of any number of hotel and catering establish-
(a) S.I. 1969/1405 (1969 III, p. 4132).
(b) 1889 c. 63.
ments or of establishments comprising catering activities, in which case such establishments shall be deemed for the purposes of the assessment to constitute one establishment.
(3) There shall be exempt from the levy an employer in whose case the sum of the emoluments of all the persons...
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