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Selective Employment Payments Act 1966

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7Registers, claims, determination of questions, etc.

(1)Subject to subsection (2) of this section, each Minister by whom payments fall to be made in respect of persons in employments to which section 1 or section 2 of this Act applies shall compile and maintain registers showing every establishment which he is satisfied, or which it has been determined in pursuance of subsection (5) of this section, is for the time being such an establishment as is mentioned in subsection (2) of the said section 1 or 2, as the case may be; and the Minister concerned shall not be required to make any such payment in respect of any selective employment tax paid—

(a)subject to subsection (2) of this section, for any contribution week falling wholly or partly before the date of registration of the establishment; or

(b)for any contribution week as respects which the employer concerned does not produce such records of the payment of selective employment tax in respect of persons engaged in employment in, or carried out from, the establishment as the Minister concerned may reasonably require.

(2)No business or part of a business shall be registered under subsection (1) of this section except on the application of the employer, which shall be made in such form and manner, and contain such particulars, as the Minister concerned may direct, but, where that Minister is the Minister of Labour and on any such application it appears to him appropriate so to do, he may register any business or part of a business as an establishment such as is mentioned in section 1(2) or, as the case may be, section 2(2) of this Act notwithstanding that the application was for its registration as an establishment such as is mentioned in the other of those provisions ; and any establishment, when registered, shall be deemed to have been registered as from the date when the application for its registration was received by the Minister concerned or any earlier date which it appears to that Minister (or, if the matter is referred by the employer to a tribunal under subsection (5) of this section, to that tribunal) to be equitable in the circumstances to allow.

(3)The Minister by whom any register is maintained under subsection (1) of this section may remove from that register any establishment which he is satisfied is no longer qualified to be included in it; but that Minister shall inform the employer concerned of any such removal and, if the matter is referred by the employer to a tribunal under subsection (5) of this section, that tribunal may if they think fit direct that the establishment be treated as restored to the register as from the date of its removal or such later date as they think fit.

(4)Any claim for a payment under section 1, 2, 5 or 6 of this Act shall be made in such form and manner, contain such particulars, and be made within such period, as the Minister by whom that payment would fall to be made may direct; and any such payments shall be made at such times, in such manner, and subject to such conditions, if any, as the Minister concerned may with the consent of the Treasury determine.

(5)If any question arises—

(a)as to whether, apart from section 10(3) of this Act, any business or part of a business is an establishment satisfying the requirements of section 1(2)(a) and (b) or section 2(2)(a) and (b) of this Act; or

(b)as to the date as from which any establishment shall be deemed to have been registered; or

(c)as to the amount, if any, which falls to be paid to any employer under section 1, 2 or 5 of this Act, the employer concerned may require that question to be referred to and determined by a tribunal established under section 12 of the Industrial Training Act 1964.

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