Document ID: chunk:federal_register_of_legislation:C2004A04733:body:0:p5
Version: federal_register_of_legislation:C2004A04733
Segment Type: other
Provision Reference: 
Character Range: 10321–13096

formula:

where:

'Employer group's annual national payroll' means the total of the respective annual national payrolls for that year of the members of the group;

'Group shortfall' means the group shortfall;

'Member's annual national payroll' means that member's annual national payroll for that year.

"(3) Each member of the group is taken to have elected under section 15B to postpone the training guarantee shortfall that the member has because of subsection (2) of this section.

Effect of election by employer other than employer group

"15D.(1) If an employer (other than an employer group) elects to postpone a training guarantee shortfall ('the postponed shortfall') in a year ('year 1'), training guarantee charge is not payable on the postponed shortfall except as provided in this section. This section applies to training guarantee shortfalls of the employer in the order in which they arise.

  "(2) If:

     (a) the employer has a training guarantee excess in the next year ('year 2'), whether or not the excess has been reduced by an earlier application of this section; and

  (b) the excess is equal to or greater than the postponed shortfall;

then:

     (c) the postponed shortfall is reduced, or further reduced, as the case requires, to 0; and

  (d) the excess is reduced by the amount of the postponed shortfall.

  "(3) If:

     (a) the employer has a training guarantee excess in year 2, whether or not the excess has been reduced by an earlier application of this section; and

  (b) the excess is less than the postponed shortfall;

then:

     (c) the postponed shortfall is reduced, or further reduced, by the amount of the excess; and

  (d) the excess is reduced, or further reduced, to 0; and

     (e) if the employer has a training guarantee excess in year 3 (the year after year 2):

        (i) subsections (5) and (6) apply; and

        (ii) a reference in those subsections to the postponed shortfall is a reference to the postponed shortfall as so reduced or further reduced; and

     (f) otherwise—training guarantee charge is payable on the postponed shortfall as so reduced or further reduced.

"(4) If the employer does not have a training guarantee excess in year 2, then:

     (a) if the employer has a training guarantee excess in year 3 (the year after year 2)—subsections (5) and (6) apply; and

     (b) otherwise—training guarantee charge is payable on the postponed shortfall.

"(5) If the training guarantee excess in year 3 is equal to or greater than the postponed shortfall:

    (a) the postponed shortfall is reduced, or further reduced, as the case requires, to 0; and

  (b) the excess is reduced by the amount of the postponed shortfall.

"(6) If the training guarantee excess in year 3 is less than the