Citation, commencement and interpretation1.

(1)

This Order may be cited as the Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2012 and shall come into operation on 31 August 2012.

(2)

In this Order–

“assessment” means an assessment of an employer to the levy;

“the Board” means the Construction Industry Training Board;

“business” means any activities of industry or commerce;

“Construction Board Order” means the Industrial Training (Construction Board) Order (Northern Ireland) 19644;

“construction establishment” means an establishment in Northern Ireland engaged wholly or mainly in the construction industry for a total of twenty-seven or more weeks in the forty-eighth base period, or being an establishment that commenced to carry out business in the forty-eighth base period, for a total number of weeks exceeding one half of the number of weeks in the part of the said period commencing with the day on which business was commenced and ending on the last day thereof; or where an election is made, in any part of the alternative forty-eighth base period;

“construction industry” means any one or more of the activities which, subject to the provisions of paragraph 2 of Schedule 1 to the Construction Board Order are specified in paragraph 1 of that Schedule as the activities of the construction industry;

“earnings” means earnings as defined in Section 62 of the Income Tax (Earnings and Pensions) Act 20035 which are chargeable to tax under Part 2 of that Act; and all other payments made under a contract for service or otherwise than under a contract;

“election” means an election made in accordance with the provisions of Article 2(4), by an employer to pay the levy in respect of the relevant earnings of persons employed at or from a construction establishment during the alternative forty-eighth base period;

“employer” means a person who is an employer in the construction industry at any time in the forty-eighth levy period;

“levy” means the levy imposed by the Board in respect of the forty-eighth levy period;

“notice” means a notice in writing;

“forty-eighth base period” means the year that commenced on 6 April 2011 and the “alternative forty-eighth base period” means the year commencing on 6 April 2012; and

“forty-eighth levy period” means the year commencing on 1 September 2012.

(3)

Any reference in this Order to an establishment that commences to carry on business or that ceases to carry on business shall not be taken to apply where the location of the establishment is changed but its business is continued wholly or mainly at or from the new location, or where the suspension of activities is of a temporary or seasonal nature.