- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (07/05/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/08/1998
Point in time view as at 07/05/1991.
There are currently no known outstanding effects for the Industrial Training Act 1982, Cross Heading: Levies.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)An industrial training board may from time to time, submit to the [F1Secretary of State] proposals (in this Act referred to as “levy proposals”) for the raising and collection of a levy to be imposed for the purpose of raising money towards meeting the board’s expenses . . . F2
(2)The levy shall be imposed in accordance with an order made by the Secretary of State (in this Act referred to as “a levy order”) which shall give effect to levy proposals [F3submitted to him] under subsection (1) above and shall provide for the levy to be imposed on employers in the industry, except in so far as they are exempted from it by the industrial training order, the levy order or an exemption certificate; but nothing in this Act shall be construed as requiring the Secretary of State to make a levy order in a case in which he considers it inexpedient to make one.
(3)Levy proposals must include proposals for exempting from the levy any employer who, in view of the small number of his employees, ought in the opinion of the board to be exempted and the Secretary of State shall not make a levy order in pursuance of levy proposals unless they provide for the exemption of employers who, in view of the small number of their employees, ought in his opinion to be exempted.
(4)Subject to subsection (5) below, levy proposals may include proposals for securing—
(a)that any exemption certificates issued by the board shall not exempt from the whole or a portion of the levy the employers or some of the employers in the industry, or
(b)that no exemption certificates shall be issued by the board;
and the Secretary of State shall not make a levy order in pursuance of any levy proposals unless he is satisfied that the proposals published by the board under section 13(5) below provide for exemption certificates relating to levy (other than that payable by virtue of this subsection) in such cases as he considers appropriate.
(5)If, as a result of such levy proposals as are mentioned in subsection (4) above—
(a)in a case within paragraph (a) of that subsection, the amount of the levy from which an exemption certificate will not exempt any person will exceed 0·2 per cent. of the relevant emoluments; or
(b)in a case within paragraph (b) of that subsection, the amount of the levy payable by any person will exceed that percentage of the relevant emoluments,
then the [F4Secretary of State shall not make a levy order in pursuance of the levy proposals unless he is satisfied that they are necessary to encourage adequate training in the industry] and one of the conditions mentioned in subsection (6) below is satisfied.
(6)The conditions referred to in subsection (5) above are—
(a)that the relevant organisations consider, after taking reasonable steps to ascertain the views of the persons they represent, that the proposals are necessary to encourage adequate training in the industry;
(b)that the order will be made less than two years after the making of a former levy order giving effect to proposals made by the board in respect of which the Secretary of State was satisfied that the condition in paragraph (a) above applied and either—
(i)the proposals to which the former order gave effect were that no exemption certificates should be issued or that the exemption certificates to be issued should not exempt employers from any of the levy, or
(ii)the proposals to which the former order gave effect were that exemption certificates should not exempt employers from a portion of the levy and the percentage of the relevant emoluments from which under the current proposals the exemption certificates will not exempt any person will not exceed the percentage of relevant emoluments from which he was not exempted under the former order;
(c)that neither of the conditions mentioned in paragraphs (a) and (b) above applies but the proposals are considered by the Secretary of State to be appropriate in the circumstances.
(7)The Secretary of State shall not make a levy order in pursuance of any levy proposals unless the amount which, disregarding any exemption, he estimates would, if the order were made, be payable by virtue of it by any employer in the industry either—
(a)does not exceed an amount which the Secretary of State estimates is equal to one per cent. of the relevant emoluments, or
(b)does exceed the amount mentioned in paragraph (a) above but is considered by him to be appropriate in the circumstances.
(8)In this section—
“the relevant emoluments” in relation to any person means the aggregate of the emoluments and payments intended to be disbursed as emoluments which are paid and payable by him to or in respect of persons employed in the industry in respect of the period specified in the levy proposals as the period which is relevant for the purposes of this section, and
“the relevant organisations” means organisations appearing to the Secretary of State to represent more than half the persons who he considers are likely to be liable to make payments by way of levy in consequence of the proposals and organisations appearing to him to represent persons who he considers are together likely to be liable to make payments by way of levy in consequence of the levy proposals which amount to more than half the aggregate amount of those payments.
Subordinate Legislation Made
P1S. 11: for previous exercises of this power see Index to Government orders.
P2S. 11: s. 11(2) (with s. 12(3)(4)) power exercised by S.I. 1991/465.
S. 11: s. 11(2) (with s. 12(3)(4)) power exercised by S.I.1991/1164.
Textual Amendments
F1Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 10(2)(a)
F2Words repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(4), 29(4), Sch. 4 para. 10(2)(b), Sch. 7 Pt. I
F3Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 10(3)
F4Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 10(4)
(1)Levy proposals must include such information or further information as the [F5Secretary of State] directs the board to furnish, and any additional information which the board considers appropriate, for the purpose of assisting [F6him] to decide—
(a)in a case where the levy proposals include such proposals as are mentioned in section 11(4) above, whether a levy order made in pursuance of them would fall within section 11(5) above and, if so, whether the condition mentioned in section 11(6)(a) above would be satisfied, and
(b)whether a levy order made in pursuance of the proposals would fall within paragraph (a) or (b) of section 11(7) above;
and a levy order which falls within section 11(5) above in a case where the condition mentioned in section 11(6)(c) above is satisfied or which falls within section 11(7)(b) above shall state that fact.
(2)Levy proposals may provide for the amendment of a previous levy order and may make different provision in relation to different classes or descriptions of employer and, in particular—
(a)proposals made in pursuance of subsection (3) of section 11 above may be made in respect of different numbers of employees for different employers or classes of employers and may provide for numbers of employees or for employers or classes of employers to be determined by reference to such factors as are specified in the proposals; and
(b)different proposals may be made in pursuance of subsection (4) of that section as respects different portions of the levy.
(3)A levy order—
(a)may provide for payments by way of levy to accrue due from day to day over a period specified in the order;
(b)may contain provisions as to the evidence by which a person’s liability to the levy or his discharge of that liability may be established and as to the time at which any amount payable by any person by way of the levy shall (whether or not any period over which that amount accrues due has expired) become due and recoverable by the industrial training board.
(4)A person assessed to levy imposed under a levy order may appeal to an industrial tribunal and the levy order shall make provision as to the time within which such an appeal may be made.
(5)On an appeal under subsection (4) above—
(a)if the appellant satisfies the tribunal that he ought not to have been assessed to the levy or ought to have been assessed in a smaller amount, the tribunal shall rescind or, as the case may be, reduce the assessment but (subject to paragraph (b) below) in any other case shall confirm it; and
(b)if it appears to the tribunal that the appellant ought to have been assessed to the levy in a larger amount, the tribunal may increase the assessment accordingly.
(6)The power to make a levy order shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament unless the instrument contains only an order which includes such a statement as is mentioned in subsection (1) above; and no levy order which includes such a statement shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.
Subordinate Legislation Made
P3S. 12: for previous exercises of this power see Index to Government Orders.
P4S. 12: s. 11(2) (with s. 12(3)(4)) power exercised by S.I. 1991/465
S. 12: s. 11(2) (with s. 12(3)(4)) power exercised by S.I.1991/1164.
Textual Amendments
F5Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 11(a)
F6Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 11(b)
(1)An industrial training board may from time to time and, subject to subsection (2) below, shall always at or before the time when it submits levy proposals under section 11 above submit to the [F7Secretary of State for his] approval proposals for the issue of certificates (in this Act referred to as “exemption certificates”) which while in force are to exempt from relevant levy employers in the industry who—
(a)make arrangements for the training, or the training and [F8post-school education] associated with training, of persons employed or to be employed in the industry; and
(b)satisfy the board by reference to criteria specified in the proposals that the arrangements are adequate and are to a material extent being implemented;
and in this subsection [F9“post-school education” has the same meaning as in section 5 above and]“relevant levy” means levy which, apart from any exemption certificate, is payable to the board in question by virtue of this Act by employers in the industry, other than levy which the levy order authorising it provides is to be payable notwithstanding any exemption certificate.
(2)An industrial training board shall not be obliged to submit proposals under subsection (1) above for the issue of exemption certificates to any category of employer at or before the time when it submits levy proposals in respect of a levy on those employers which include—
(a)proposals that no exemption certificates will be issued by the board to employers in that category; or
(b)proposals by virtue of which the levy payable by any employer in that category (disregarding any exemptions) will not exceed 0·2 per cent. of the relevant emoluments within the meaning of section 11(8) above; or
(c)proposals within section 11(4)(a) above by virtue of which any exemption certificates issued to those employers will not exempt them from any of the levy.
(3)The criteria for arrangements made by employers which by virtue of paragraph (b) of subsection (1) above are to be specified in proposals submitted under that subsection must relate to the quality or amount of training, or training and education, provided for by the arrangements, but need not relate solely to the needs of establishments of the employers and the proposals may specify different criteria as respects arrangements made by different categories of employers.
(4)The Secretary of State . . . F10may issue guidance concerning the criteria which by virtue of paragraph (b) of subsection (1) above are to be specified in proposals submitted under that subsection.
[F11(5)If the Secretary of State approves proposals submitted to him by a board under subsection (1) above and informs the board of his approval, the board shall arrange for them to be published as soon as practicable in a manner approved by the Secretary of State.]
(6)Proposals made by a board in pursuance of subsection (1) above—
(a)must include proposals as to the arrangements for the reconsideration of decisions in pursuance of section 14(5) below; and
(b)may include proposals for altering or cancelling any previous proposals made by the board in pursuance of subsection (1) above;
but proposals made by virtue of paragraph (b) above shall not affect the operation of any exemption certificates issued in pursuance of previous proposals.
Textual Amendments
F7Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 12(2)
F8Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 88(a)
F9Definition inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 88(b)
F10Words repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 22(4), 29(4), Sch. 4 para. 12(3), Sch. 7 Pt. I
F11S. 13(5) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 12(4)
(1)Where an industrial training board is satisfied, on an application made in writing to the board by an employer liable apart from this section to pay to the board any levy from which exemption may be conferred on him by an exemption certificate, that the arrangements made by him for the training, or the training and [F12post-school education] associated with training, of persons employed or to be employed in the industry are such that, in accordance with proposals published by the board in pursuance of section 13 above, an exemption certificate falls to be issued to him in respect of any establishment of his, it shall be the duty of the board to issue such a certificate to him.
[F13(1A)In subsection (1) above “post-school education” has the same meaning as in section 5 above.]
(2)A person to whom an exemption certificate is issued (in this section referred to as “the holder”) shall, while the certificate is in force, be exempt from levy payable to the board by virtue of this Act in respect of persons employed at the establishment to which the certificate relates, other than levy which the levy order authorising it provides is to be payable notwithstanding any exemption certificate.
(3)An exemption certificate—
(a)may require the holder to comply with such conditions relating to the training, or the training and education, of persons employed or to be employed in the industry (including in particular conditions as to the inspection on behalf of the relevant board of the arrangements for the training or the training and education) as are specified in the certificate and are in accordance with the proposals mentioned in subsection (1) above;
(b)shall specify the date on which the certificate is to come into force;
(c)shall specify the period (not exceeding three years beginning with that date) at the expiration of which it shall cease to be in force unless it has previously ceased to be in force by virtue of subsection (4) below;
(d)may provide that the certificate shall be deemed to have been in force for such period before the date on which it comes into force as is specified in the certificate (which shall not begin before the period of one year ending with the date on which the said board received the application in pursuance of which it issues the certificate);
and any levy paid to the said board by a person for a period in respect of which by virtue of paragraph (d) above it becomes not payable shall be repayable by the board to that person.
(4)An exemption certificate issued by an industrial training board shall cease to be in force if the board gives notice in writing to the holder stating that in the opinion of the board he has failed to comply with conditions specified in the certificate and mentioned in the notice; but for the purposes of the preceding provisions of this subsection a notice given in pursuance of this subsection shall be disregarded if the board subsequently informs the person to whom it was given that the notice is withdrawn.
(5)If a person who is liable apart from any exemption certificate to pay an industrial training board levy from which exemption may be conferred by an exemption certificate is dissatisfied with the decision of the board—
(a)to refuse to issue to him an exemption certificate relating to such levy in respect of a particular establishment, or
(b)to refuse to include in an exemption certificate issued to him provisions or different provisions authorised by subsection (3)(b) or subsection (3)(d) above, or
(c)to include in an exemption certificate provisions requiring him to comply with conditions, or
(d)to give a notice to him in pursuance of subsection (4) above,
and requests the board in writing to reconsider the decision, it shall be the duty of the board to reconsider it or to secure that it is reconsidered by a committee authorised to deal with such requests by virtue of section 2(1) above; and if, on reconsidering the decision, the board or committee decides not to alter it, or not to alter it in a manner which the person who made the request considers is satisfactory, that person may refer the decision to a body established in pursuance of subsection (6) below.
(6)It shall be the duty of the Secretary of State to make regulations establishing a body to which decisions are to be referred in pursuance of subsection (5) above; and regulations made by virtue of this subsection may include provisions as to the powers and procedure of the body and such other provisions (including provisions for defraying the body’s expenses out of moneys provided by Parliament or otherwise) as the Secretary of State considers appropriate for the purpose of facilitating the exercise by the body of its functions.
(7)Without prejudice to the generality of subsection (6) above regulations made by virtue of that subsection may—
(a)require a board to draw the attention of a person to his right to refer a decision to the body;
(b)authorise the body to direct a board whose decision is referred to the body to alter the decision in a manner specified in the direction; and
(c)require the board to comply with the direction and provide for any case in which it fails to do so.
(8)Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9)No appeal shall lie to an industrial tribunal in respect of such a decision as is mentioned in subsection (5) above.
Textual Amendments
F12Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 89
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys