The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2017

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 (c.10) (“the Act”).

The levy proposals were for the imposition of a levy on employers engaged wholly or mainly in the engineering construction industry (as defined in article 2(1)(e)) for the purpose of raising money towards meeting the Board’s expenses.

The levy is to be imposed in respect of three levy periods, one in each of 2017, 2018 and 2019 (article 3).

The amount of levy to be assessed for each leviable establishment is calculated in accordance with article 7. This calculation is carried out with reference to the relevant base period (article 4). The total amount of levy payable by an employer is the aggregate amount of levy for all the employer’s leviable establishments (article 8). 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 10). Payment of the levy must usually be made within one month of service of the assessment notice by the Board (article 14). An assessment notice may be withdrawn by the Board and the Board may also serve an amended assessment notice (articles 11 and 12).

Article 9 makes provision for employers employing a small number of employees 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 15).

This Order revokes the Industrial Training Levy (Engineering Construction Industry Training Board) Order 2015 (article 17) subject to the saving provision in article 17(2). The saving provision means that the Industrial Training Levy (Engineering Construction Industry Training Board) Order 2015 continues to have effect in respect of the first and second levy periods specified in that Order.

An impact assessment has been prepared for this Order and is available from the Department for Education, Sanctuary Buildings, 20 Great Smith St, Westminster, London SW1P 3BT. The Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk.