The Industrial Training (Northern Ireland) Order 1984

Supplementary provisions as to levies N.I.

24.—(1) Levy proposals shall include such information or further additional information as the Department directs the board to furnish, and any additional information which the board considers appropriate.

(2) Without prejudice to the provisions of section 17 of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954, levy proposals may provide for the amendment of a previous levy order and may make different provision in relation to different classes of employers and, in particular, proposals made in pursuance of Article 23(3) may be made in respect of different numbers of employees or different amounts of relevant emoluments (within the meaning of Article 23(10)) for different employers or classes of employers and may provide for numbers of employees or for employers or classes of employers to be determined by reference to such factors as are specified in the proposals.

(3) A levy order—

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

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

(4) A person assessed to levy imposed under a levy order may appeal to an industrial tribunal and the levy order shall make provision as to the time within which 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) A levy order which falls within Article 23(6) in a case where the condition mentioned in paragraph (7)(c) of that Article is satisfied or which falls within Article 23(8) in a case where paragraph (9)(b) of that Article is satisfied shall state that fact.

(7) Subject to paragraph (8), a levy order shall be subject to negative resolution.

(8) A levy order which includes such a statement as is mentioned in paragraph (6) shall be subject to affirmative resolution.