Statutory Instrument 1993 No. 1882 (S.218)

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

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1993 No. 1882 (S.218)

SOCIAL SECURITY

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

[1] 1990 c. 35. back

[2] 1988 c. 19; section 26(1) was amended by the Enterprise and New Towns (Scotland) Act 1990, Schedule 4, paragraph 16. back

[3] 1992 c. 4. back

Explanatory Note