The Industrial Training (Northern Ireland) Order 1984

Winding up of boards N.I.

19.—(1) An order made under Article 14(1) revoking an industrial training order (in this Article referred to as “a revocation order”) shall provide for the winding up of the industrial training board.

(2) A revocation order may provide—

(a) for the imposition of a levy on employers in the industry, other than such, if any, as may be exempted by the order, for the purpose of raising the whole or part of any amount by which the assets of the industrial training board may be insufficient to meet the liabilities of the board and the expenses of the winding up; and

(b) for the application for specified purposes of any amount by which those assets may exceed those liabilities and expenses.

(3) A revocation order making provision for the imposition of a levy—

(a) may provide for payments by way of levy to accrue due from day to day over a period specified in the order; and

(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 levy shall (whether or not any period over which that amount accrues due has expired) become due and recoverable by the board.

(4) A revocation order shall give any person thereby assessed to the levy a right of appeal to an industrial tribunal and a revocation order shall make provision as to the time within such an appeal may be made.

(5) On an appeal under paragraph (4)—

(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 sub-paragraph (b)) 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) Where a revocation order has been made for the winding up of an industrial training board the Department may pay such pension, superannuation allowance or gratuity to or in respect of the chairman of the board as the Department may, with the approval of the Department of Finance and Personnel, determine.

(7) A revocation order may provide for any incidental, transitional or consequential matter for which it appears to the Department to be necessary or expedient to provide.

[F1 (7A) Without prejudice to the generality of paragraph (7), a revocation order may—

(a) make provision for the transfer to the employment of the Department of persons who immediately before the date on which the industrial training board is wound up are employed by that board;

(b) contain provision in relation to persons so transferred corresponding to the provision made by paragraphs (4) and (5) of Article 3 of the Industrial Training (Northern Ireland) Order 1990 in relation to persons transferred under that Article;

and paragraph (6) of that Article shall apply for the purposes of this paragraph as it applies for the purposes of paragraphs (3) and (4) of that Article.]

[F1 (8) A revocation order shall be subject to negative resolution.]

F1 1990 NI 8