Industrial Training (Construction Board) Order 1964 (Amendment) Order 1990

JurisdictionUK Non-devolved
CitationSI 1990/1873
Year1990

1990 No. 1873

EMPLOYMENT AND TRAINING

The Industrial Training (Construction Board) Order 1964(Amendment) Order 1990

Made 13th September 1990

Laid before Parliament 28th September 1990

Coming into force 19th October 1990

The Secretary of State, in exercise of the powers conferred on him by section 1(1) and (7) of the Industrial Training Act 19821and of all other powers enabling him in that behalf, after the carrying out by him of consultations in accordance with section 1(4) of that Act, hereby makes the following Order:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Industrial Training (Construction Board) Order 1964 (Amendment) Order 1990 and shall come into force on 19th October 1990.

(2) In this Order—

(a)

(a) “the Act” means the Industrial Training Act 1982;

(b)

(b) “the Board” means the Construction Industry Training Board;

(c)

(c) “the principal Order” means the Industrial Training (Construction Board) Order 19642.

S-2 Activities of the Board

Activities of the Board

2. The activities in relation to which the Board exercises the functions conferred by the Act upon industrial training boards shall, in lieu of the activities specified in Schedule 1 to the principal Order, be the activities specified in Schedule 1 to this Order, and accordingly in the principal Order the latter Schedule shall be substituted for the former Schedule.

S-3 Transitional Provisions

Transitional Provisions

3.—(1) The Chairman and other members of the Board on the day upon which this Order comes into force shall continue to be members of the Board and to hold and vacate their offices in accordance with the terms of the instruments appointing them to be members.

(2) The provisions of this Order shall not—

(a)

(a) extend the operation of a levy order;

(b)

(b) affect the operation of a levy order in relation to the assessment of an employer within the meaning of that order in respect of an establishment that was engaged in the relevant levy period in the construction industry as defined in that order;

(c)

(c) affect the operation of any assessment notice served by the Board under the provisions of a levy order before the day upon which this Order comes into force or any appeal or other proceedings arising out of any such notice.

(3) In paragraph (2) of this article, the expression “levy order” means any one of the levy orders set out in Schedule 2 to this Order.

S-4 Revocation

Revocation

4. The Industrial Training (Construction Board) Order 19803and the Industrial Training (Construction Board) Order 1964 (Amendment) Order 19824are hereby revoked.

Robert Jackson

Parliamentary Under Secretary of State,

Department of Employment

13th September 1990

SCHEDULE 1

Article 3

THE CONSTRUCTION INDUSTRY

SCH-1.1

1. Subject to the provisions of this Schedule, the activities of the construction industry are the following activities in so far as they are carried out in Great Britain:—

(a) all operations in—

(i) the construction, alteration, repair or demolition of a building or part of a building;

(ii) the construction or demolition of a railway-line, siding or monorail;

(iii) the construction, structural alteration, repair or demolition of any aerodrome, airport, bridge, road, viaduct, dock, harbour, pier, quay, wharf, coast protection, river or drainage work, aqueduct, canal, inland navigation, reservoir, waterworks, bore-hole, well (other than an oil well), filter bed, sewage works, sewer, cooling tower or pond, tunnel, heading, adit, chimney, furnace, carbonising or gas making or gas treatment works, nuclear or thermal power station, hydro-electric station, electric line or any structure designed for its support, cable trench or duct, oil refinery, pipe-line or defence installation;

(iv) the sinking of a shaft or bore-hole in a mine of coal, stratified ironstone, shale or fireclay, or the construction of a road below ground in such a mine;

(v) the construction or repair of a swimming pool or other bathing place, or of a playing field or ground for sporting or recreational purposes, or the laying out of a cemetery;

(vi) the preparation of the site or the laying down of a foundation or sub-structure in connection with any of the above-mentioned operations or with the erection of structural metalwork;

(vii) the manufacture, wholly or mainly from concrete or cast stone, on the site of any building work or civil engineering work and for the purposes of any operations above-mentioned carried out on the site of the building work or civil engineering work, of any of the following products, that is to say, industrialised building components or sections, prefabricated buildings or sections of buildings, beams, columns, piles, caissons, tunnel segments or other civil engineering sections or structures or parts of structures;

(viii) the erection, repair or dismantling of walls, fencing, hoardings or scaffolding;

(ix) the working of bituminous coal, cannel coal or anthracite by open-cast operations or the screening, washing or other preparation of coal on the site of opencast workings;

(x) the restoration of land affected by the working of coal by opencast operations, or of land which has been excavated in the course of winning or working ironstone by opencast operations;

(b) the cutting and bending of reinforcing steel for the purposes of any operations above-mentioned;

(c) the manufacture of—

(i) industrialised building components or sections or of prefabricated buildings or sections of buildings, being components, sections or buildings made wholly or mainly from wood or framed in wood;

(ii) composite framed or laminated woodwork absorbing calculated stresses applied direct or from attached non-loadbearing portions of a building;

(iii) doors, window frames, built-in storage units, stairs or curtain walling being articles wholly or mainly of wood;

(iv) bank, church or laboratory joinery or joinery of any other kind;

(d) the construction of shop, office or similar fittings on the premises on which they are to be installed, or the prefabrication elsewhere of such fittings by the employer engaged in the installation;

(e) the erection or dismantling of exhibition stands;

(f) the installation, testing, inspection, maintenance or repair of contractors' plant, or the letting out on hire of such plant or of scaffolding;

(g) the manufacture of bricks from clay or calcium silicate for building purposes but excluding bricks made for refractory purposes;

(h) the preparation of stone for building purposes;

(i) any activities (other than those above-mentioned) being—

(i) related activities incidental or ancillary to principal activities of the construction industry; or

(ii) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities;

and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;

(j) any activities of industry or commerce (other than construction activities) carried out at or from an establishment mainly engaged:—

(i) in construction activities; or

(ii) in construction activities and in activities described in the Appendix to this Schedule, but to a greater extent in construction activities than in activities described in that Appendix in relation to any one industry.

SCH-1.2

2. Notwithstanding anything contained in this Schedule, there shall not be included in the activities of the construction industry:—

(a) the activities of any establishment engaged—

(i) mainly in activities not being construction activities or activities described in the Appendix to this Schedule; or

(ii) to a less extent in construction activities than in activities described in that Appendix in relation to any one industry;

(b) the activities of any establishment engaged wholly or mainly in related activities, being activities—

(i) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as “the principal establishment”) engaged wholly or mainly in any activities not being principal activities of the construction industry; and

(ii)...

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