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Introductory text

Original text. Later amendments are not shown.

Draft Order laid before Parliament under section 12(6) of the Industrial Training Act 1982, for approval by resolution of each House of Parliament.

EMPLOYMENT AND TRAINING

Made 2006

Coming into force 2006

This Order is made in exercise of the powers conferred by section 11(2) and section 12(3) and (4) of the Industrial Training Act 1982f1 (“the Act”).

The Order gives effect to levy proposals submitted by the Engineering Construction Industry Training Board pursuant to section 11(1) of the Act.

A draft of the Order was laid before Parliament in accordance with section 12(6) of the Act and approved by resolution of each House of Parliament.

The Secretary of State consulted Scottish Ministers pursuant to section 88(2) of the Scotland Act 1998f2.

In relation to the requirement set out at section 11(3) of the Act the levy proposals provide for the exemption of small employers.

The levy proposal include proposals for securing that no exemption certificates shall be issued by the board and accordingly no proposals have been published under section 13(5) of the Act.

In relation to the requirements set out at section 11(5) of the Act the Secretary of State is satisfied that the proposals are necessary to encourage adequate training in the industry and the condition set out at section 11(6)(a) is met.

The levy to be paid by employers in the industry exceeds one per cent of their relevant emoluments (that is their payroll) and accordingly this levy order falls within section 11(7)(b) of the Act; the Secretary of State is satisfied that the amount to be paid by employers in the industry is appropriate in the circumstances.

Accordingly the Secretary of State for Education and Skills makes the following Order:

Annotations

Footnotes

f1

1982 c.10; sections 11 and 12 were amended by section 22(4) of, and paragraphs 10 and 11 respectively of Schedule 4 to, the Employment Act 1989 (c.38).

f2

1998 c.46; the Engineering Construction Industry Training Board has been specified as a cross-border public authority for the purposes of section 88; see the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999; S.I. 1999/1319.