The Industrial Training Levy (Construction Board) Order 1990

Interpretation

2.—(1) In this Order unless the context otherwise requires—

(a) “assessment” means an assessment of an employer to the levy;

(b) “the Board” means the Construction Industry Training Board;

(c) “business” means any activities of industry or commerce;

(d) “construction establishment” means an establishment in Great Britain engaged wholly or mainly in the construction industry for a total of twenty-seven or more weeks in the period of twelve months that commenced on 6th April 1988 or, being an establishment that commenced to carry on business in the said period, for a total number of weeks exceeding one half of the number of weeks in the part of the said period commencing with the day on which business was commenced and ending on the last day thereof;

(e) “the construction industry” does not include any activities of an establishment which have been transferred from the industry of the Board to the industry of another industrial training board by one of the transfer orders, but save as aforesaid means any one or more of the activities which, subject to the provisions of paragraph 2 of the Schedule to the industrial training order, are specified in paragraph 1 of that Schedule as the activities of the construction industry or, in relation to an establishment whose activities have been transferred to the industry of the Board by one of the transfer orders, any activities so transferred;

(f) “the twenty-fifth levy period” means the period commencing with the day upon which this Order comes into force and ending on 31st March 1990;

(g) “employer” means a person who is an employer in the construction industry at any time in the twenty-fifth levy period;

(h) “the industrial training order” means the Industrial Training (Construction Board) Order 1964(1);

(i) “the levy” means the levy imposed by the Board in respect of the twenty-fifth levy period;

(j) “notice” means a notice in writing;

(k) “the transfer orders” means—

(i) the Industrial Training (Transfer of the Activities of Establishments)

Order 1975(2);

(ii) the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1975(3);

(iii) the Industrial Training (Transfer of the Activities of Establishments)

Order 1976(4);

(iv) the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1976(5);

(v) the Industrial Training (Transfer of the Activities of Establishments) (No. 3) Order 1976(6);

(vi) the Industrial Training (Transfer of the Activities of Establishments)

Order 1977(7);

(vii) the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1978(8);

(viii) the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1978(9);

(ix) the Industrial Training (Transfer of the Activities of Establishments) (No. 3) Order 1978(10);

(x) the Industrial Training (Transfer of the Activities of Establishments)

Order 1979(11);

(xi) the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1980(12);

(xii) the Industrial Training (Transfer of the Activities of Establishments) Order 1981(13); and

(xiii) the Industrial Training (Transfer of the Activities of Establishments) Order 1985(14).

(2) Any reference in this Order to an establishment that commences to carry on business or that ceases to carry on business shall not be taken to apply where the location of the establishment is changed but its business is continued wholly or mainly at or from the new location, or where the suspension of activities is of a temporary or seasonal nature.

(1)

S.I. 1964/1079, amended by S.I. 1980/1274, 1982/922

(2)

S.I. 1975/434

(3)

S.I. 1975/1157

(4)

S.I. 1976/396

(5)

S.I. 1976/1635

(6)

S.I. 1976/2110

(7)

S.I. 1977/1951

(8)

S.I. 1978/448

(9)

S.I. 1978/1225

(10)

S.I. 1978/1643

(11)

S.I. 1979/793

(12)

S.I. 1980/1753

(13)

S.I. 1981/1041

(14)

S.I. 1985/1662