The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2023

Statutory Rules of Northern Ireland

2023 No. 99

Industrial Training

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2023

Made

20th June 2023

Coming into operation

31st August 2023

This Order gives effect to levy proposals submitted by the Construction Industry Training Board(1) (“the Board”) to, and approved by, the Department for the Economy(2) (“the Department”) under Articles 23(1) and (2) of the Industrial Training (Northern Ireland) Order 1984(3) (“the Order of 1984”).

The levy to be paid by any employer in the construction industry 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.

In relation to the requirement set out at Article 23(3) of the Order of 1984 the levy proposals provide for the exemption 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.

In relation to the requirement set out at Article 25(6)(a) of the Order of 1984 the levy proposals include proposals that no remission be given to employers in the industry.

In relation to the requirement set out at 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.

The conditions set out in Article 23(7)(b) of the Order of 1984 are satisfied.

The Department makes the following Order 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.

(1)

Established under the Construction Board Order.

(2)

2016 c. 5(N.I.).

(3)

S.I. 1984/1159 (N.I. 9) The functions of the Department of Economic Development 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. The Department of Higher and Further Education, Training and Employment was renamed the Department for Employment and Learning by 2001 c. 15 (N.I.) section 1(1), and following the dissolution of that department by the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)), section 1(10) its functions under the Industrial Training (Northern Ireland) Order 1985 were transferred to the Department for the Economy by S.R. 2016 No. 76, Article 6(1)(c).