The Industrial Training Levy (Construction Board) Order 1988

Interpretation

1.  In this Schedule, unless the context otherwise requires—

(a)“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947(1) or, in relation to Scotland, as in section 86(3) of the Agriculture (Scotland) Act 1948(2);

(b)“average number”, in relation to any category and description of persons employed at or from a construction establishment of an employer, means the number that is equal to the average of the numbers of the persons of that category and description specified in the first and second columns of the Appendix to this Schedule employed, or treated as employed under the provisions of paragraph 2(c) of this Schedule, at or from the establishment by the employer on the relevant dates or, in the case of an establishment that commenced to carry on business after the first of the relevant dates but before the second, the number of persons of that category and description specified as aforesaid and employed by the employer at or from the establishment on the second of the relevant dates;

(c)“charity” has the same meaning as in section 360 of the Income and Corporation Taxes Act 1970(3);

(d)“clerical or miscellaneous worker” includes—

(i)a clerk and other office staff, including those working in sales, computers and stores, and supervisors of these staff;

(ii)a storeman;

(iii)a transport worker (but not a motor mechanic);

(iv)an operative or conversion fitter (excluding a gas fitter, a plumber or a heating and ventilating fitter), engaged in the conversion of appliances to natural gas or in the preliminary work;

(v)a terrazzo worker, including a terrazzo layer;

(vi)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker not comprised in any other category and description of worker specified in this Schedule or the appendix thereto:

(e)“craftsman (building)” means—

(i)a bricklayer, including a specialist bricklayer;

(ii)a carpenter joiner, including a carpenter, a joiner, a formwork carpenter, a joiner bench hand, a woodworking machinist or woodworking operative and a setter out;

(iii)a mason, including a monumental mason, a stone carver and a stone polisher;

(iv)a mason pavior, including a person involved in cutting and carving stone and who is following or has completed a course of further education being the City and Guilds of London Institute Course No. 588 on Masonry at Craft Level;

(v)a painter, including a painter and decorator, an industrial painter, a french polisher and a signwriter;

(vi)a plasterer, including a solid or fibrous plasterer, a moulder and a dry-lining or partition operative;

(vii)a roof slater and tiler;

(viii)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in any of the trades specified in this sub-paragraph;

(f)“craftsman (mechanical engineering services)” means—

(i)a gas fitter;

(ii)a heating and ventilating fitter, including a heating fitter;

(iii)an oil burner mechanic;

(iv)a pipe fitter;

(v)a plumber, including a chemical plumber, a plumber welder and a hot water fitter;

(vi)a refrigeration mechanic;

(vii)a welder, including an oxy-acetylene, metallic-arc or shielded-arc welder;

(viii)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in any of the trades specified in this sub-paragraph;

(g)“craftsman (electrical engineering services)” means—

(i)an electrician, including a cable jointer;

(ii)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in any of the trades specified in this sub-paragraph;

(h)“craftsman (miscellaneous)” means—

(i)a thermal insulation operative or ductwork erector;

(ii)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in either of the trades specified in this sub-paragraph or in any other trade not specified in this Schedule or the appendix thereto;

(i)“specialist building operative” means—

(i)a floor or wall tiler, including a mosaic worker and a tile fixer;

(ii)a ceiling fixer, including a suspended ceiling erector and a metal fixer (ceiling systems);

(iii)a mastic asphalter, including a mastic asphalt spreader;

(iv)a floor coverer, including a parquet-floorer and a vinyl, linoleum or carpet layer;

(v)a floorer, including a granolithic or other in situ floor finisher;

(vi)a glazier, including a double glazier, a window fixer, a patent glazier, a leaded light worker and a glass production or processing worker;

(vii)a demountable partition erector;

(viii)a steeplejack, including a lightning conductor erector;

(ix)a demolisher, including a general labourer using a compressed air drill or pneumatic punching machine or spade, a sorter, an improver, a mattockman, a topman, a burner topman, a burner groundsman, a shorer (timber) and a shorer’s mate;

(x)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in any of the trades specified in this sub-paragraph;

(j)“a labour-only agreement” means any agreement or arrangement, either written or oral, not being a contract of service or of apprenticeship or for provision of professional services, between an employer and any other person or persons, the principal purpose of which is wholly or mainly the provision of services of such person or persons or of any other person or persons to the employer in his trade or business;

(k)“the relevant dates” means 2nd October 1986 and 2nd April 1987;

(l)“a skilled building and civil engineering worker” means—

(i)a concretor, including a bar bender and fixer, a pre-cast concrete erector and fixer, a pre-stressing or pre-tensioning operative, a concrete placer, a vibrator or finisher;

(ii)a diver, including a surface, demand or helmet diver and a life linesman;

(iii)an excavation operative, including a heading driver, a manhole builder, a pipe layer, a pipe jointer and a timberman;

(iv)a mechanical plant operator, including a mechanical equipment, compressor, air tool or paving machine operator, a mixerman, a potman, a banksman, a slinger, a plant driver, a dumper driver, a crane driver, an excavation plant operator, an earthmoving plant operator, a pumpman, an oiler and a greaser;

(v)a piling or well drilling operative, including a borer driver, a vibrator or specialist piling operative, a well or rock driller and a shaft sinker;

(vi)a tunnel miner, including a soft-heading miner;

(vii)a blacksmith, including a marker-out;

(viii)a steel erector;

(ix)a repetitive process factory worker;

(x)a gas distribution mains layer, including a service layer;

(xi)a plant mechanic, including a plant maintenance mechanic, a contractors' plant mechanic and a motor mechanic;

(xii)a tar pavior;

(xiii)a labourer or general operative mainly employed in any of the trades specified in this sub-paragraph or in sub-paragraph (e), (f), (g), (h), (i), or (n) of this paragraph who was entitled to extra payment for skill or responsibility under a Working Rule Agreement;

(xiv)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in any of the trades mentioned in this sub-paragraph;

(m)“a person employed in a managerial, administrative, professional or technical capacity” includes—

(i)a manager, including a contracts, site, area, sales or office manager;

(ii)an accountant or company secretary;

(iii)an estimator, surveyor or buyer;

(iv)an engineer or architect;

(v)a technical, planning or laboratory assistant, a draughtsman, a tracer or a design detailer;

(vi)a work study officer;

(vii)a personnel officer, a training officer or an instructor;

(viii)a person occupying the position of foreman or of works supervisor being a person who is not mainly employed as a manual worker whether in handling materials or otherwise;

(n)“a roof sheeter or felter” includes—

(i)a roof sheeter and cladder, an asbestos roofer, a galvanised or protected steel sheeter or an aluminium sheeter;

(ii)a roofing felt fixer and a roofing felt layer;

(iii)any other person (including a foreman, a ganger and a chargehand) mainly employed as a manual worker, otherwise than as a labourer or general operative, in any of the trades specified in this sub-paragraph;

(o)“trainee” means a person (including an apprentice) who is learning a managerial, administrative, professional, technical or manual skill and whose employer has undertaken to provide training for him in that skill for a specified period of not less than twelve months;

(p)“Working Rule Agreement” means any agreement as to pay, being an agreement between—

(i)parties who are or represent employers or organisations of employers or associations of such organisations; and

(ii)parties who are or represent organisations of employees or associations of such organisations;

but includes also any award modifying or supplementing such an agreement.