The Individual Learning Account (Scotland) Amendment Regulations 2012

Amendment of the Individual Learning Account (Scotland) Regulations 2011

2.—(1) The Individual Learning Account (Scotland) Regulations 2011(1) are amended as follows.

(2) In regulation 3 (qualifying persons (learning account holders))—

(a) in paragraph (1)(b), for “(2) to (4) and (6)” substitute “(2), (3), (4), (5A), (5B), (5C), (5D) and (6)”; and

(b) after paragraph (5) insert—

“(5A) The condition in this paragraph is that the person is not undertaking secondary education within the meaning of section 135(2)(b) of the Education (Scotland) Act 1980(2).

(5B) The condition in this paragraph is that the person does not hold a first degree or a postgraduate qualification from an educational institution in the United Kingdom or a qualification comparable to a first degree or a postgraduate qualification from an educational institution outside the United Kingdom.

(5C) The condition in this paragraph is that the person is not undertaking—

(a) a course of further education (that is to say education provided by means of a course of any description mentioned in section 6(1) of the Further and Higher Education (Scotland) Act 1992(3)); or

(b) a course of higher education (that is to say education provided by means of a course of any description mentioned in section 38(2) of that Act).

(5D) The condition in this paragraph is that the person is not participating in a national training programme secured by The Skills Development Scotland Co. Limited.”.

(3) In regulation 4(6)(a) (registration (learning account holders)), for “(2) to (4) and (6)” substitute “(2), (3), (4), (5A), (5B), (5C), (5D) and (6)”.

(4) In regulation 10(2) (education and training for which grant can be paid), sub-paragraphs (a) and (b) are deleted.

(5) In regulation 12(3)(b)(ii) (grant: supplementary provision), for “(2) to (4) and (6)” substitute “(2), (3), (4), (5A), (5B), (5C), (5D) and (6)”.

(1)

S.S.I. 2011/107

(2)

1980 c.44. Section 135(2)(b) was amended by paragraph 3(13)(b) of schedule 3 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).

(3)

1992 c.37. Section 6(1) was amended by paragraph 8 of Schedule 5 to the Education (Scotland) Act 1996 (c.43).