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

Interpretation

2.—(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(1), 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(2) and known by any of the names specified in the Schedule.

(1)

1988 c. 40.

(2)

1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25, and amended by the Employment Act 1989 (c. 38), Schedule 7, Part I.