Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2005

Statutory Rules of Northern Ireland

2005 No. 294

INDUSTRIAL TRAINING

Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2005

Made

14th June 2005

Coming into operation

31st August 2005

Whereas proposals made by the Construction Industry Training Board(1) (“the Board”) for the raising and collection of a levy have been submitted to, and approved by, the Department for Employment and Learning(2) (“the Department”) under Article 23(1) of the Industrial Training (Northern Ireland) Order 1984(3) (“the Order of 1984”);

And whereas the Department estimates that the amount which will be payable by any employer in the construction industry by virtue of this Order does not exceed an amount which the Department estimates is equal to one per cent. of the relevant earnings being the aggregate of the earnings and payments intended to be disbursed as earnings which have been paid or are payable by any such employer to or in respect of persons employed in the industry, in respect of the period specified, in the levy proposals as relevant, that is to say the period hereafter referred to in this Order as the “forty-first base period” or, where an election is made, as the “alternative forty-first base period”;

And whereas in pursuance of Article 23(3) of the Order of 1984 the said proposals include provision for the exemption from the levy of employers who, in view of the small amount of the relevant earnings, ought in the opinion of the Department to be exempted from it;

And whereas in pursuance of Article 25(6)(a) of the Order of 1984 the levy proposals include proposals that no remission be given to employers in the industry;

And whereas the levy proposals include provision that the amount of the non-remissible part of the levy will exceed two-tenths of one per cent. of the relevant earnings;

And whereas in pursuance of Article 23(6) of the Order of 1984 the Department is satisfied and the relevant organisations consider, after taking reasonable steps to ascertain the views of the persons they represent, that the levy proposals are necessary to encourage adequate training in the industry;

And whereas Article 23(7)(b) of the Order of 1984 is applicable;

Now, therefore, the Department in exercise of the powers conferred by Articles 23(2) and (3) and 24(3) and (4) of the Order of 1984, and now vested in it, and of every other power enabling it in that behalf, hereby makes the following Order:

(1)

Established under the Construction Board Order

(2)

Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15

(3)

S.I. 1984/1159 (N.I. 9); functions under the Industrial Training (Northern Ireland) Order 1984 were transferred to the Department of Higher and Further Education, Training and Employment by S.R. 1999 No. 481 Article 4(b) and Schedule 2 Part II