The Learning for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993

Statutory Instruments

1993 No. 1882 (S.218)

SOCIAL SECURITY

The Learning for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993

Made

23rd July 1993

Laid before Parliament

26th July 1993

Coming into force

16th August 1993

Whereas arrangements have been made by Scottish Enterprise and Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990((1)) to set up a Learning for Work Scottish Enterprise Programme and a Learning for Work Highlands and Islands Enterprise Programme respectively (“the Programmes”);

And whereas it appears to the Secretary of State that the Programmes make provision for persons using facilities provided in pursuance of those arrangements to receive payments in connection with their use of those facilities:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 26(1)(a), (c) and (d) and (2) of the Employment Act 1988((2)) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Learning for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993 and shall come into force on 16th August 1993.

(2) In this Order “Programme” means the Learning for Work Scottish Enterprise Programme or the Learning for Work Highlands and Islands Enterprise Programme.

Treatment of persons and payments for purposes of the subordinate legislation specified in the Schedule

2.  For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under a Programme shall be treated as not being employed but as participating in arrangements for training under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 and, accordingly, any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.

Treatment of payments for purposes of the Social Security Contributions and Benefits Act 1992

3.  A payment made to a person in connection with his use of facilities provided under a Programme shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992((3)).

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

23rd July 1993

Article 2

SCHEDULE LIST OF SUBORDINATE LEGISLATION

• The Social Security (Credits) Regulations 1975((4))

• The Social Security (Overlapping Benefits) Regulations 1979((5))

• The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983((6))

• The Income Support (General) Regulations 1987((7))

• The Social Security (Claims and Payments) Regulations 1987((8))

• The Income Support (Transitional) Regulations 1987((9))

• The Housing Benefit (General) Regulations 1987((10))

• The Family Credit (General) Regulations 1987((11))

• The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulations 1988((12))

• The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988((13))

• The Education Authority Bursaries (Scotland) Regulations 1988((14))

• The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989((15))

• The Housing Renovation etc. Grants (Reductions of Grant) Regulations 1990((16))

• The Students' Allowances (Scotland) Regulations 1991((17))

• The Income Support (General) (Amendment) No.4 Regulations 1991((18))

• The Income Support (General) Amendment No.6 Regulations 1991((19))

• The Disability Working Allowance (General) Regulations 1991((20))

• The Council Tax Benefit (General) Regulations 1992((21))

• The Child Support (Maintenance Assessments and Special Cases) Regulations 1992((22))

Explanatory Note

(This note is not part of the Order)

This Order provides that, for the purposes of the subordinate legislation specified in the Schedule to the Order, a person using facilities provided under the Learning for Work Scottish Enterprise Programme or the Learning for Work Highlands and Islands Enterprise Programme shall be treated as participating in arrangements for training under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (c. 35). Any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.

The Order provides that a payment made to a person in connection with his use of such facilities shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 (c. 4).

(1)

1990 c. 35.

(2)

1988 c. 19; section 26(1) was amended by the Enterprise and New Towns (Scotland) Act 1990, Schedule 4, paragraph 16.

(3)

1992 c. 4.

(4)

S.I. 1975/556; relevant amending instruments are S.I. 1978/409, 1987/414, 1988/1230, 1439 and 1545, 1989/1627 and 1991/387.

(5)

S.I. 1979/597; relevant amending instruments are S.I. 1982/1173, 1988/1446 and 1991/387.

(6)

S.I. 1983/1598; relevant amending instruments are S.I. 1988/1843, 1989/872 and 1324, 1990/1847 and 1991/387.

(7)

S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1228, 1445 and 2022, 1989/1678, 1990/547 and 1776, 1991/236, 387, 2334 and 2742, 1992/468 and 2155 and 1993/963.

(8)

S.I. 1987/1968; relevant amending instruments are S.I. 1990/2208, 1991/387 and 1992/247.

(9)

S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 2340, 1990/2324, 1991/387 and 1600 and 1992/1326.

(10)

S.I. 1987/1971; relevant amending instruments are S.I. 1988/909 and 1971, 1990/546 and 1775, 1991/235 and 387 and 1992/432.

(11)

S.I. 1987/1973; relevant amending instruments are S.I. 1988/660, 1438 and 1970, 1991/387 and 1992/573 and 2155.

(12)

S.I. 1988/538; relevant amending instrument is S.I. 1991/387.

(13)

S.I. 1988/664, to which there are amendments not relevant to this Order.

(14)

S.I. 1988/1042; relevant amending instrument is S.I. 1990/1347.

(15)

S.I. 1989/76; relevant amending instrument is S.I. 1991/387.

(16)

S.I. 1990/1189; relevant amending instruments are S.I. 1991/897 and 1993/551.

(17)

S.I. 1991/1522.

(18)

S.I. 1991/1559.

(19)

S.I. 1991/2334.

(20)

S.I. 1991/2887; relevant amending instrument is S.I. 1992/2155.

(21)

S.I. 1992/1814; relevant amending instrument is S.I. 1993/688.

(22)

S.I. 1992/1815; relevant amending instrument is S.I. 1993/913.