{
  "url": "https://openlegislation.uk/draft-industrial-training-levy-construction-industry-training-board-order-2009/article-2",
  "json_url": "https://openlegislation.uk/draft-industrial-training-levy-construction-industry-training-board-order-2009/article-2.json",
  "legislation": "ukdsi/2009/9780111472828",
  "legislation_title": "The Industrial Training Levy (Construction Industry Training Board) Order 2009",
  "legislation_url": "https://openlegislation.uk/draft-industrial-training-levy-construction-industry-training-board-order-2009",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In this Order—\n(a) “agriculture” means agriculture within the meaning, as the case may be, of—\n(i) section 109(3) of the Agriculture Act 1947; or\n(ii) section 85(1) of the Agricultural Holdings (Scotland) Act 1991;\n(b) “assessment” means an assessment of an employer to the levy;\n(c) “the Board” means the Construction Industry Training Board;\n(d) “construction establishment” has the meaning given in article 6;\n(e) “the construction industry” means the activities of the construction industry as defined by Schedule 1 to the Industrial Training (Construction Board) Order 1964 read together with the orders listed in the Schedule to this Order;\n(f) “emoluments” means—\n(i) all salaries, fees and wages;\n(ii) any gratuity or other profit or incidental benefit of any kind obtained by an employee, if it is money or money’s worth, other than pensions contributions;\n(iii) anything else that constitutes, or is intended to constitute, earnings of the relevant employment;\n(g) “employer” means a person who is an employer in the construction industry at any time in the relevant levy period;\n(h) “labour-only agreement” means any agreement or arrangement (other than contracts of service or contracts of apprenticeship) between an employer and any other person, the purpose of which is wholly or mainly the provision of services (not including professional services) of such a person or any other person to the employer in his trade or business;\n(i) “the levy” means the levy imposed by the Board in respect of a levy period;\n(j) “the relevant base period” means the particular base period defined in article 5 in respect of a particular levy period defined in article 4 by reference to which the relevant emoluments are to be calculated;\n(k) “the relevant levy period” means the particular levy period defined in article 4 by reference to which levy is to be established in respect of a construction establishment during a particular levy period.\n(2) In this Order, references to a construction establishment starting or ceasing to carry on business do not include instances where—\n(a) a construction establishment starts carrying on business after, or ceases carrying on business because of, a suspension of activities of a temporary or seasonal nature; or\n(b) the location of a construction establishment changes but the establishment continues its business at or from the new location.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1947 (c.48)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1991 (c.55)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1964/1079; a relevant amending instrument is S.I. 1992/3048."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111472828/article/2",
    "retrieved_at": "2026-10-30T14:58:10.550110+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}