Introductory text

Draft Order laid before Parliament under section 12(6) of the Industrial Training Act 1982 (c. 10), for approval by resolution of each House of Parliament.

EMPLOYMENT AND TRAINING

Made ***

Coming into force

The Secretary of State makes this Order in exercise of the powers conferred by sections 11 (2) and 12 (3) and (4) of the Industrial Training Act 1982 (“the Act”)^f1.

This Order gives effect to levy proposals submitted by the Engineering Construction Industry Training Board (“the Board”)^f2 to the Secretary of State in accordance with section 11 (1) of the Act and provides for the levy to be imposed on employers in the industry, except in so far as they are exempted from it by this Order.

In accordance with section 11 (3) of the Act, the Secretary of State is satisfied that the levy proposals make provision for the exemption of employers who, in view of the small number of their employees, ought in the Secretary of State’s opinion to be exempted.

In accordance with section 11 (4) and (5) of the Act, the Secretary of State is satisfied that the levy proposals submitted by the Board make appropriate provision in relation to exemption certificates and that the proposals are necessary to encourage adequate training in the industry.

The Secretary of State is satisfied that the condition in section 11 (6) (a) of the Act is satisfied.

In accordance with section 11 (7) (b) of the Act the Secretary of State estimates that the amount of the levy to be paid by at least some employers in the industry will exceed 1% of their relevant emoluments in respect of the base period for each levy period but the Secretary of State considers that this is appropriate in the circumstances.

The Secretary of State has consulted the Scottish Ministers as required by section 88 (2) of the Scotland Act 1998^f3.

In accordance with section 12 (6) of the Act, a draft of this Order has been laid before, and approved by resolution of, each House of Parliament.

Annotations

Footnotes

f1: 1982 c. 10. Section 11(2) was amended by section 22 (4) of, and paragraph 10 (3) of Schedule 4 to, the Employment Act 1989 (c. 38). Section 12(3) was amended by paragraph 4 of Schedule 1 to the Further Education and Training Act 2007 (c. 25). Section 12(4) was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8). There are other amendments to sections 11 and 12 which are not relevant.
f2: The Board was established under the Industrial Training (Engineering Board) Order 1964 (S.I. 1964/1086) as the Engineering Industry Training Board. The Industrial Training (Engineering Construction Board) Order 1991 (S.I. 1991/1305) re-named the Board as the Engineering Construction Industry Training Board and replaced Schedule 1 to the Industrial Training (Engineering Board) Order 1964 with a new Schedule 1.
f3: 1998 c. 46. The Engineering Construction Industry Training Board has been specified as a cross-border public authority for the purposes of section 88 of the Scotland Act 1998 by S.I. 1999/1319.