The Personal Community Charge (Qualifying Courses of Education) Regulations 1990

Contents

1Citation and commencement#

These Regulations may be cited as the Personal Community Charge (Qualifying Courses of Education) Regulations 1990 and shall come into force on 1st April 1990.

2Interpretation#

(1)In these Regulations—• “relevant activities” with respect to a course means the receipt of tuition, the undertaking of supervised study or examination, and the taking part (as part of the curriculum of the course) in any supervised exercise, experiment, project or practical work;• “relevant course” means a course of education—(a) which subsists for more than 3 calendar months,(b) which is not a course of higher education,(c) with respect to which tuition is principally received otherwise than through correspondence, and(d) with respect to which the relevant activities are (insofar as they are normally carried out under the course at particular times) normally so carried out principally between 8.00 am and 5.30 pm; and• “the relevant number of hours per week” in relation to a relevant course means the average number of hours per week a person undertaking it would normally require to spend, in the period during which the course subsists, on relevant activities (excluding for the purpose of calculating that average any part of that period which is a period of vacation).

(2)In paragraph (1) “course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988, or a course which would be such a course if—

(a)a course for the Higher National Diploma or Higher National Certificate of the Scottish Vocational Education Council were included within the description of courses in paragraph 1(e) of that Schedule,

(b)the reference in paragraph 2 of that Schedule to examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business and Technician Education Council included a reference to examinations at the higher grade of the Scottish Certificate of Education or the assessment for the National Certificate of the Scottish Vocational Education Council, and

(c)the reference in paragraph 3 of that Schedule to examinations included a reference to the examinations and assessment mentioned in sub-paragraph (b) above.

(3)A person is to be treated as undertaking a relevant course on a day for the purposes of these Regulations if—

(a)the day falls in the period beginning with the day (“the first day”) on which he begins the course and ending with the day (“the last day”) on which he completes it, abandons it or is dismissed from it (which such period includes any period of vacation between academic terms which falls between the first day and the last day), and

(b)he is not undertaking it pursuant to arrangements made under section 2 of the Employment and Training Act 1973 and known by any of the names specified in the Schedule.

3Persons undertaking qualifying courses of education#

(1)The condition mentioned in paragraph (2) is prescribed for the purposes of section 30(1A) of the Local Government Finance Act 1988 (so that a person is to be treated as undertaking a qualifying course of education on a particular day for the purposes ofPart I of that Act if, and only if, he fulfils that condition).

(2)The condition is that the person is undertaking on the day a relevant course with an educational establishment and—

(a)the relevant number of hours per week for that course exceeds 12, or

(b)where the course is a course falling within paragraph (3) and he is undertaking with the same establishment on the day another relevant course (or other relevant courses) falling within that paragraph, the aggregate of the relevant number of hours per week for all those courses exceeds 12.

(3)A course falls within this paragraph if it is not undertaken in consequence of an office or employment held by the person.

4Information from certification officers#

(1)The registration officer for a charging authority may, for the purposes of carrying out his functions under Part I of the Local Government Finance Act 1988, request (by notice given in writing) a certification officer to supply to him such information as is mentioned in paragraph (2).

(2)The information is information whether, on any day specified in the request (being a day not later than the day on which the request is made), any person so specified is undertaking a qualifying course of education.

(3)Information requested under paragraph (1) shall be supplied by the certification officer if it is in his possession or control, and shall be so supplied within 21 days of the day on which the request is made.

(4)For the purposes of this regulation—

(a)a certification officer is an individual who is a certification officer by virtue of regulation 4 of the Personal Community Charge (Students) Regulations 1989; and

(b)a person undertakes a qualifying course of education at any time if he is to be treated as doing so by virtue of regulation 3 above.

Schedule · Names of arrangements under section 2 of the employment and training act 1973

(1)Youth Training Scheme.

(2)Employment Training.

(3)Employment Rehabilitation.

(4)Individual Training Throughout With An Employer.

(5)Professional Training Scheme.

(6)Special Training Provision.

(7)Youth Training.

(8)Community Industry.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 2

Show every defined term

course of higher education
means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988, or a course which would be such a course if—
relevant course
means a course of education— (a) which subsists for more than 3 calendar months, (b) which is not a course of higher education, (c) with respect to which tuition is principally received otherwise than through correspondence, and (d) with respect to which the relevant activities are (insofar as they are normally carried out under the course at particular times) normally so carried out principally between 8.00 am and 5.30 pm;

The Personal Community Charge (Qualifying Courses of Education) Regulations 1990

1Citation and commencement#

2Interpretation#

3Persons undertaking qualifying courses of education#

4Information from certification officers#

Schedule · Names of arrangements under section 2 of the employment and training act 1973

Defined terms · 2

Key facts

Connections

History · 1 version

1Citation and commencement#

2Interpretation#

3Persons undertaking qualifying courses of education#

4Information from certification officers#

Schedule · Names of arrangements under section 2 of the employment and training act 1973