Industrial Training Act 1982

12 Provisions supplementary to s. 11. E+W+S

(1) Levy proposals must include such information or further information as the [F1 Secretary of State] directs the board to furnish, and any additional information which the board considers appropriate, for the purpose of assisting [F2 him] 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.

[F3 (1A) Subsection (1B) below applies where a levy order (“ the new levy order ”) giving effect to levy proposals submitted by an industrial training board will be made—

(a) after the making of a levy order (“ the earlier levy order ”) that gives effect to earlier proposals submitted by the board, and

(b) within three years or, where the earlier levy order provides for a single levy period in accordance with section 11(2C) or (2D) above, within one year after the making of the earlier levy order.

(1B) The proposals for the new levy order must include proposals for securing that no liability to levy is imposed under the earlier levy order by reference to such part of a levy period provided for in the earlier levy order as falls on or after the day on which the new levy order is made.]

(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 [F4 a levy period];

(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 [F5 employment 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

P1 S. 12: for previous exercises of this power see Index to Government Orders.

P2 S. 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

F1 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 11(a)

F2 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 22(4), Sch. 4 para. 11(b)

F3 S. 12(1A)(1B) inserted (2.3.2008) by Further Education and Training Act 2007 (c. 25), ss. 25(6), 32(5); S.I. 2007/3505, art. 4(a) (with art. 7)

F4 Words in s. 12(3)(a) substituted (2.3.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 4; S.I. 2007/3505, art. 4(d) (with art. 7)

F5 Words in s. 12(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1