Statutory Instrument 1995 No. 1752

The Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1995

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© Crown Copyright 1995

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1995 No. 1752

SOCIAL SECURITY

The Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1995

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 Training for Work Scottish Enterprise Programme and a Training for Work Highlands and Islands Enterprise Programme respectively ("the Training for Work Programmes");

And whereas it appears to the Secretary of State that the Training for Work 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) 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 Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1995 and shall come into force on 1st August 1995.

    (2)  In this Order unless the context otherwise requires—
"the 1990 Act" means the Enterprise and New Towns (Scotland) Act 1990;
"employer" means a person for whom and under whose supervision and control a trainee works in connection with his participation in a Training for Work Programme;
"facilities" means facilities provided in pursuance of a Training for Work Programme;
"Training for Work Programme" means the Training for Work Scottish Enterprise Programme or the Training for Work Highlands and Islands Enterprise Programme;
"training allowance" means a payment made directly or indirectly by the Secretary of State to a trainee in connection with his use of facilities; and
"trainee" means a person using facilities.

Application
    2.    This Order applies only to the treatment in respect of a period commencing on or after 8th August 1995 of a trainee and of payments made to him on or after that date in connection with his use of facilities in respect of such period for the purposes of—
 (a) Part I of the Social Security Contributions and Benefits Act 1992^[3]; and
 (b) the subordinate legislation specified in the Schedule to this Order.

Treatment of trainees in receipt of or eligible for training allowance
    3.    Subject to article 4, in respect of any period for which a trainee receives or is eligible to receive a training allowance he shall be treated as not being employed but as participating in arrangements for training under section 2(3) of the 1990 Act; and accordingly any payment made to such trainee during that period in connection with his use of facilities shall be treated in the same manner as a payment made in respect of such training.

Treatment of trainees entitled to remuneration from employer
    4.    In respect of any period for which a trainee receives no training allowance but receives or is entitled to receive payment by way of remuneration from his employer in connection with his use of facilities he shall be treated as employed by his employer; and any such payment made to him by his employer shall be treated as earnings.

Revocation
    5.    The Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993^[4] is hereby revoked.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

7th July 1995

[1] 1990 c. 35; section 2(3) was amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19), Schedule 10. back

[2] 1988 c. 19; section 26(1) was amended by the Enterprise and New Towns (Scotland) Act 1990, Schedule 4, paragraph 16 and by the Trade Union Reform and Employment Rights Act 1993, Schedule 8, paragraph 38. back

[3] 1992 c. 4. back

[4] S.I.1993/498. back

Explanatory Note