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4. For regulation 3 (persons eligible for allowance) there is substituted–
“3.—(1) The Scottish Ministers may pay an allowance in accordance with the provisions of section 73(f) of the Education (Scotland) Act 1980 and these Regulations, to or in respect of any person undertaking a course of pre-registration nursing and midwifery education leading to registration with the Nursing and Midwifery Council(1) who–
(a)is not at any time during that course an employee of an NHS Trust(2); and
(b)is a person described in one or more paragraphs of Schedule 1.
(2) Schedule 2 shall have effect for the purposes of determining whether a person is to be treated, for the purposes of Schedule 1, as being, or having been, ordinarily resident in a place at, or for, a particular time.”.
The Nursing and Midwifery Council, a body corporate, was established by Article 3 of the Nursing and Midwifery Order 2001 (S.I. 2002/253).
Provision for the establishment of NHS trusts is contained within the National Health Service and Community Care Act 1990 (c. 19). Section 5 thereof sets out the purposes and functions of such bodies.
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