The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to levy proposals of the Engineering Construction Industry Training Board (“the Board”) which were submitted to the Secretary of State for Education and Skills under section 11 of the Industrial Training Act 1982 (“the Act”).

The levy proposals were for the imposition of a levy on employers engaged wholly or mainly in the engineering construction industry for the purpose of raising money towards the Board’s expenses. The proposals were also that the levy be imposed on employers who are not engaged wholly or mainly in the engineering construction industry but are engaged in activities that are mentioned in paragraph 1(a)(ii) of Schedule 1 to the Industrial Training (Engineering Board) Order 1964 (Schedule 1 to the 1964 Order was substituted by the Industrial Training (Engineering Construction Board) Order 1991). The levy is to be imposed on the latter group of employers solely in relation to the specified activities.

The levy is to be imposed in respect of the levy period commencing on the day on which this Order comes into force and ending on 31st December 2007. Employers who cease business during the levy period will be assessed proportionately (article 10).

Article 5 makes provision for small employers to be exempt from the levy.

The levy will be assessed by the Board in accordance with article 4. An employer assessed to levy will receive a written assessment notice from the Board setting out the total amount of levy payable by that employer. Payment of the levy must be made within one month of service of the assessment notice by the Board (articles 6 and 7). An assessment notice may be withdrawn by the Board.

An employer assessed to levy may appeal against that assessment. An appeal must normally be made within one month of the date of service of the relevant assessment notice by the Board and in accordance with the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (article 9).

A full regulatory impact assessment of the effect that this Order will have on the costs of business is available from the Department for Education and Skills, Library and Information Service, Moorfoot, Sheffield, S1 4PQ or Sanctuary Buildings, Great Smith Street, London SW1P 3BT.