Made | 4th March 2004 | ||
Laid before the Scottish Parliament | 8th March 2004 | ||
Coming into force | 29th March 2004 |
Qualifying arrangements (learning account holders)
2.
- (1) For the purposes of section 2 of the Act, arrangements qualify under that section if-
(2) The qualifying arrangements as specified in paragraph (1) are identified under the names "ILA Scotland Targeted Arrangements" and "ILA Scotland Universal Arrangements.".
(3) The qualifying arrangements named "ILA Scotland Targeted Arrangements" and "ILA Scotland Universal Arrangements" are collectively known as "ILA Scotland".
Qualifying persons (learning account holders)
3.
- (1) For the purposes of these Regulations, a learning account holder is a qualifying person for the purposes of entering the qualifying arrangements named "ILA Scotland Universal Arrangements" if he or she has registered with the Scottish Ministers in terms of regulation 4, and satisfies at that time the conditions specified in paragraphs (3) to (5) below.
(2) For the purposes of these Regulations, a learning account holder is a qualifying person for the purposes of entering the qualifying arrangements named "ILA Scotland Targeted Arrangements" if he or she has registered with the Scottish Ministers in terms of regulation 4, and satisfies at the date of registration the conditions specified in paragraphs (3) to (5), and (7) below.
(3) The condition in this paragraph is that the person has attained the age of 18.
(4) The condition in this paragraph is that the person-
(e) is a person not falling within paragraphs (a) to (d) but is a national of a member state of the European Economic Area who is working in the United Kingdom.
(5) The condition in this paragraph is that the person is either-
(6) For the purposes of these Regulations, the residence of a member of the naval, military or air force of the Crown ("a member of the armed forces") shall be determined as follows:-
(7) The condition in this paragraph is that the person is either-
(8) For the purposes of this regulation, a person's gross income from earnings shall include the amount of income tax and social security contributions payable in respect of it.
(9) For the purposes of this regulation, "earnings", in the case of employed earners, has the same meaning as in regulation 35 of the Income Support (General) Regulations 1987[11], and, in the case of self-employed earners, has the same meaning as in regulation 37 of those Regulations.
(10) A learning account holder may register with the Scottish Ministers in terms of regulation 4, either as a qualifying person for the purposes of entering the qualifying arrangements named "ILA Scotland Universal Arrangements" or for the purposes of entering the qualifying arrangements named "ILA Scotland Targeted Arrangements", but not both at the same time.
(11) Where a learning account holder is registered as a qualifying person for the purposes of entering the qualifying arrangements named "ILA Scotland Targeted Arrangements" for one account holder's year in accordance with regulation 4(3), but upon the date of expiry of the account holder's year, the learning account holder no longer satisfies the conditions specified in paragraph (7), the learning account holder is automatically entitled to be registered with the Scottish Ministers as a qualifying person for the purposes of entering the qualifying arrangements named "ILA Scotland Universal Arrangements":
Provided that-
Registration (learning account holders)
4.
- (1) An application for registration as a learning account holder shall be made in such form and in such manner as the Scottish Ministers may, from time to time, determine, and different forms of application may be determined for ILA Scotland Targeted Arrangements, ILA Scotland Universal Arrangements, or renewal of applications.
(2) An application for registration as a learning account holder for the purposes of entering the arrangements named "ILA Scotland Targeted Arrangements" and an application for registration as a learning account holder for the purposes of entering the arrangements named "ILA Scotland Universal Arrangements" shall not be submitted prior to such respective dates as the Scottish Ministers may determine.
(3) An application for registration as a learning account holder for the purposes of entering the qualifying arrangements named "ILA Scotland Targeted Arrangements" shall be made in respect of the period from the date of registration for one account holder's year only, but upon expiry of the account holder's year, a further application for such registration may be made for the following account holder's year, and so on for successive account holder's years.
(4) The Scottish Ministers may require an applicant for registration as a learning account holder to provide such information or documents as the Scottish Ministers may require, in order for the Scottish Ministers to determine whether the person is eligible to become a learning account holder, and may decline to accept an application for registration unless such information or documents are provided.
(5) A registered learning account holder may, from time to time, be required to provide to a Learning Account Administrator such information, details and documents as may be required for the purpose of assessing the quality and effectiveness of the approved learning in respect of which a grant has been paid.
(6) The Scottish Ministers may at any time cancel the registration of a learning account holder if-
(7) A learning account holder may at any time withdraw his or her registration with the Scottish Ministers by notifying the Scottish Ministers in such form as the Scottish Ministers may determine.
(8) Where registration is cancelled or withdrawn, the Scottish Ministers shall close the relevant learning account and shall advise the Learning Account Administrator of that fact.
(9) While a person is a party to qualifying arrangements, as specified in regulation 2, he or she may not at any time during which he or she is a party to the qualifying arrangements become a party to other such arrangements, and accordingly any subsequent registration with the Scottish Ministers shall be of no effect.
(10) A learning account holder shall forthwith notify the Scottish Ministers of any change of circumstances which may affect his or her status as a qualifying person.
Qualifying persons and registration (Learning Providers)
5.
For the purpose of these Regulations, in regard to qualification as a Learning Provider, a person or body shall, subject to regulation 7, be a qualifying person or body if they have registered with a Learning Account Administrator in terms of regulation 6 and that registration has not been suspended, withdrawn or cancelled.
Registration (Learning Providers)
6.
- (1) An application for registration as a Learning Provider shall be made in such form and in such manner as a Learning Account Administrator may, from time to time, determine.
(2) A Learning Account Administrator may require an applicant for registration as a Learning Provider to provide such information or documents, as the Learning Account Administrator may require to enable it to determine whether the applicant is suitable to become a Learning Provider for the purposes of the Scheme, and the Learning Account Administrator may decline to accept an application for registration unless such information and documents are provided.
(3) A Learning Account Administrator may grant an application for registration as a Learning Provider only if-
(4) Where an application for registration has been granted, the Learning Account Administrator shall notify the Scottish Ministers of that fact in such a manner as the Scottish Ministers may, from time to time, determine, whether by means of updating a central database or register or otherwise.
Suspension and cancellation of registration (Learning Providers)
7.
- (1) The Learning Account Administrator may, forthwith, either suspend or cancel the registration of a Learning Provider in the event that-
(2) In the event that a Learning Provider's registration is suspended, the Learning Account Administrator shall advise the Scottish Ministers of the fact. The suspension shall continue until the Learning Account Administrator is satisfied that the default situation in question has been rectified. If the Learning Account Administrator is not so satisfied within 6 months after the date of suspension, the Learning Account Administrator may cancel the learning provider's registration at any time after the expiry of that 6 month period.
(3) The Learning Provider may, at any time, withdraw its registration by giving the Learning Account Administrator not less than 3 months' prior notice in writing to that effect.
(4) Where a Learning Provider's registration is cancelled or withdrawn, the Learning Account Administrator shall forthwith advise the Scottish Ministers of that fact.
Review
8.
Where a Learning Provider is aggrieved by a decision of the Learning Account Administrator to suspend or cancel the Learning Provider's registration in terms of regulation 7, that Learning Provider may, within the period of 21 days of the date when the Learning Provider is notified of the decision in question, request that the decision shall be reviewed in accordance with the ILA Scotland review process current at the time of the request for the review, such review process for Learning Providers to be published by the Scottish Ministers.
Grants in respect of learning account holders
9.
- (1) Grants may be paid, in accordance with regulations 11 and 12 below, in respect of Learning Account holders in connection with their approved learning, where the learning account holder at the time of payment of the grant is not eligible for any scholarship, grant or other allowance paid out of public funds in respect of that part of the cost of the education or training in question to be paid from learning account funds, and that education or training constitutes approved learning.
(2) Any entitlement to payment of grant held by a Learning Provider shall be in respect of that Learning Provider only, and may not be transferred to another Learning Provider.
(3) Where a person-
grants shall not be payable both in respect of those arrangements and that account in relation to the same period of time.
Education and training for which grant can be paid
10.
- (1) In these regulations, "approved learning" for the purposes of the qualifying arrangements named "ILA Scotland Targeted Arrangements", as specified in regulation 2(2), means any education or training, other than excepted education or training, which has been approved by a Learning Account Administrator, and which is provided by a Learning Provider who has been registered by a Learning Account Administrator for the purposes of regulation 6, and whose registration has not been suspended, withdrawn or cancelled.
(2) In these regulations, "approved learning" for the purposes of the qualifying arrangements named "ILA Scotland Universal Arrangements" as specified in regulation 2(2), means such education or training as may be specified by direction made by the Scottish Ministers, which has been approved by a Learning Account Administrator, and which is provided by a Learning Provider who has been registered by a Learning Account Administrator for the purposes of regulation 6, and whose registration has not been suspended, withdrawn or cancelled.
(3) In this regulation, "excepted education or training" means-
Amount of grant
11.
- (1) The amount of grant for which a learning account holder shall be eligible in an account holder's year is such amount as may from time to time be determined by the Scottish Ministers, it being a requirement however that the learning account holder has first paid, or secured the making of payment, to the Learning Provider (and not received by way of discount or vouchers) either-
whichever is the greater.
(2) The Scottish Ministers may determine that the amount of grant for which a learning account holder shall be eligible in an account holder's year may be either the same amount or differing amounts, such amounts to be from time to time determined by the Scottish Ministers, depending upon whether the learning account holder as a qualifying person is entering the qualifying arrangements named "ILA Scotland Universal Arrangements", or is entering the qualifying arrangements named "ILA Scotland Targeted Arrangements, in accordance with regulation 3(1) and (2).
(3) The costs of approved learning which shall be eligible for grant in accordance with paragraph (1) shall be the direct costs of the approved learning, including course registration, assessment fees, qualification and examination fees, the provision of professional advice and guidance, or such other costs as may be determined by the Scottish Ministers.
Grant: supplementary provision
12.
- (1) Grants shall be paid at such times and in such instalments as the Scottish Ministers may determine.
(2) Grants shall be paid to the person who has entered into a Learning Provider Registration Agreement with a Learning Account Administrator and a Learning Provider Payment Agreement with the Scottish Ministers and is the person providing the approved learning.
(3) Grants shall be paid on such terms as the Scottish Ministers may determine and those terms may include terms requiring repayment of whole or part of the grant-
(b) by the learning account holder if-
(4) For the purposes of paragraph (3)(a)(ii) the approved learning shall be deemed to have commenced upon the date on which the learning account holder first attends to receive the approved learning concerned or, in the case of distance learning, the date on which Scottish Ministers are provided with confirmation, in such form as they may require, that the learning account holder has received and has accepted the relevant training materials.
(5) Without prejudice to paragraph (3) above, no grant shall be paid to a Learning Provider unless the Scottish Ministers are satisfied that-
(6) The Scottish Ministers shall be entitled to vary, supplement, replace or otherwise amend the Operational Rules from time to time. The Scottish Ministers shall notify any such changes to the Learning Account Administrator and the Learning Account Administrator shall notify them to Learning Providers. It shall be a condition of the payment of all grants that Learning Providers comply at all times with the Operational Rules as they apply from time to time.
Suspension or termination of the Scheme
13.
The Scheme may be suspended or terminated upon Scottish Ministers giving written notice to that effect to learning account holders and Learning Providers.
Transitional provisions
14.
Any payments which are due in terms of the Education and Training (Scotland) Regulations 2000[17], as amended, shall continue to be payable notwithstanding revocation of said Regulations.
Revocations
15.
The Education and Training (Scotland) Regulations 2000, the Education and Training (Scotland) Amendment Regulations 2000[18] and the Education and Training (Scotland) Amendment Regulations 2001[19] are, excepting only regulation 10 of the Education and Training (Scotland) Regulations 2000, hereby revoked.
JAMES WALLACE
A member of the Scottish Executive
St Andrew's House, Edinburgh
4th March 2004
[5] 1971 c.77; amended, and subsection (2A) inserted, by the British Nationality Act 1981 (c.61), section 39 and Schedule 4.back
[7] Section 124 was amended by paragraph 30 of Schedule 2, and Schedule 3, of the Jobseekers Act 1995 (c.18) and paragraph 28 of Schedule 8 of the Welfare Reform and Pensions Act 1999 (c. 30).back
[8] Section 130 was amended by paragraph 3 of Schedule 9 of the Local Government Finance Act 1992 (c.14); paragraph 174(4) of Schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39) and Part VI of Schedule 19 of the Housing Act 1996 (c.52).back
[9] Section 30A was inserted by section 1 of the Social Security (Incapacity for Work) Act 1994 (c. 18).back
[17] S.S.I. 2000/292 as amended by S.S.I. 2000/342 and SSI 2001/329.back
© Crown copyright 2004 | Prepared 18 March 2004 |