Article 1 Citation, commencement and interpretation

This Order may be cited as the Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2001 and shall come into operation on 31st August 2001.

In this Order—

• “assessment” means an assessment of an employer to the levy;

• “business” means any activities of industry or commerce;

• “Construction Board Order” means the Industrial Training (Construction Board) Order (Northern Ireland) 1964^f1;

• “construction establishment” means an establishment in Northern Ireland engaged wholly or mainly in the construction industry for a total of twenty-seven or more weeks in the thirty-seventh base period, or being an establishment that commenced to carry out business in the thirty-seventh 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; or where an election is made, in any part of the alternative thirty-seventh base period;

• “election” means an election made in accordance with the provisions of Article 2(4), by an employer to pay the levy in respect of the relevant emoluments of persons employed at or from a construction establishment during the alternative thirty-seventh base period;

• “construction industry” means any one or more of the activities which, subject to the provisions of paragraph 2 of Schedule 1 to the Construction Board Order are specified in paragraph 1 of that Schedule as the activities of the construction industry;

• “emoluments” means all emoluments assessable to income tax under Schedule E of the Income & Corporation Taxes Act 1988^f2 (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; and all other payments made under a contract for service or otherwise than under a contract;

• “employer” means a person who is an employer in the construction industry at any time in the thirty-seventh levy period;

• “levy” means the levy imposed by the Board in respect of the thirty-seventh levy period;

• “notice” means a notice in writing;

• “thirty-seventh base period” means the year that commenced on 6th April 2000 and the “alternative thirty-seventh base period” means the year commencing on 6th April 2001; and

• “thirty-seventh levy period” means the year commencing on 1st September 2001.

Any reference in this Order to an establishment that commences to carry on business or 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.