Further Education and Training Act 2007

24 Conditions relating to levy proposals

(1) Section 11 of the Industrial Training Act 1982 (c. 10) (levies imposed for industrial training board expenses) is amended as follows.

(2) In subsection (6) (conditions relating to certain levy proposals), for paragraph (a) substitute—

“(a) that the Secretary of State is satisfied that—

(i) the board has taken reasonable steps to ascertain the views of persons who the Secretary of State considers are likely to be liable to make payments by way of levy in consequence of the levy proposals, and

(ii) a class of persons, who together satisfy the requirements in subsection (6A) below, considers that the proposals are necessary to encourage adequate training in the industry;”.

(3) After subsection (6) insert—

“(6A) The requirements referred to in subsection (6)(a) above are that—

(a) the class must consist of more than half of those persons who the Secretary of State considers are likely to be liable to make payments by way of levy in consequence of the levy proposals; and

(b) the class must include such persons as the Secretary of State 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.”

(4) After subsection (6A) (as inserted by subsection (3)) insert—

“(6B) The Secretary of State may by regulations make provision as to what constitutes “reasonable steps” for the purposes of subsection (6)(a) above.

(6C) Regulations under subsection (6B) above may include—

(a) provision for ascertaining the views of persons with respect to levy proposals by means of a sample of those persons;

(b) provision for treating a person who is represented by an organisation of such description as may be prescribed by the regulations as having the same view as the organisation with respect to levy proposals.

(6D) Regulations under subsection (6B) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(5) In subsection (8) (interpretation) omit the definition of “the relevant organisations”.