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The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to levy proposals of the Engineering Construction Industry Training Board (“the Board”) which were submitted to the Secretary of State under section 11 of the Industrial Training Act 1982 (“the Act”).

The levy proposals were for the imposition of a levy on employers engaged wholly or mainly in the engineering construction industry for the purpose of raising money towards the Board’s expenses. The proposals were also that the levy be imposed on employers who are not engaged wholly or mainly in the engineering construction industry but are engaged in activities that are specified in paragraph 1(a)(ii) of Schedule 1 to the Industrial Training (Engineering Board) Order 1964 (Schedule 1 to the 1964 Order was substituted by the Industrial Training (Engineering Construction Board) Order 1991).

The levy is to be imposed in respect of the levy period defined in article 2.

The Board must calculate the amount of levy due in respect of each leviable establishment of an employer in accordance with article 6. This calculation is carried out with reference to the base period defined in article 2. The total amount of levy payable by the employer is the aggregate amount of levy for all the employer’s construction establishments (article 7). An employer assessed to levy will receive a written assessment notice from the Board setting out the amount of levy payable by that employer (article 9). Payment of the levy must usually be made within one month of service of the assessment notice by the Board (article 13). An assessment notice may be withdrawn by the Board and the Board may also serve amended assessment notices (articles 10 and 11).

Article 8 makes provision for small employers to be exempt from the levy.

An employer assessed to levy may appeal against that assessment. An appeal must normally be made within one month of the date of service of the relevant assessment notice by the Board (article 14).

An impact assessment has not been prepared for these Regulations since they have the same effect on the costs to business as the Industrial Training Levy (Construction Industry Training Board) Order 2009.

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