term the act + The Secretary of State makes this Order in exercise of the powers conferred by sections 11(2) and 12(3) and (4) of the Industrial Training Act 1982(1)(“the Act”).

This Order is made to give effect to levy proposals submitted by the Construction Industry Training Board(2) pursuant to section 11(1) of the Act which, as required by section 11(3) of the Act, include proposals for the exemption of employers employing a small number of employees.

The levy proposals include proposals for securing that no exemption certificates(3) relating to the levy will be issued by the Board. The amount of levy payable by employers will exceed 0.2% of their relevant emoluments in respect of the base period for the levy period. Accordingly, this Order falls within section 11(4) and (5) of the Act.

In relation to the requirements set out in section 11(5) of the Act, the Secretary of State is satisfied that the levy proposals are necessary to encourage adequate training in the industry, and the conditions mentioned in section 11(6)(b) are satisfied, including the condition in section 11(6F)(a).

The Secretary of State estimates that the levy to be paid by at least some employers in the industry will exceed 1% of their relevant emoluments in respect of the base period for the levy period and accordingly this Order falls within section 11(7)(b) of the Act; the Secretary of State considers that the amount to be paid by employers in the industry is appropriate in the circumstances.

The Secretary of State has consulted the Scottish Ministers as required by section 88(2) of the Scotland Act 1998(4)

In accordance with section 12(6) of the Act, a draft of this Order has been laid before, and approved by resolution of, each House of Parliament.