Citation and commencement

1. These Regulations may be cited as the Personal Community Charge (Nursing Students) (Scotland) Regulations 1992 and shall come into force on 24th August 1992.

Amendment of enactments

2.-(1) The Personal Community Charge (Students) (Scotland) Regulations 1989((4)) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 of those Regulations-

(a)after the definition of "the 1986 Order", there shall be inserted the following definition:-

""the Central Council Register" means the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979((5));"; and

(b)after the definition of "further education", there shall be inserted the following definition:-

""Health Board" has the same meaning as in section 2 of the National Health Service (Scotland) Act 1978((6))."

(3) In regulation 3 of those Regulations-

(a)in paragraph (b), for the words from "the parts" to the end of that paragraph, there shall be substituted the words "Parts 1 to 9 or 11 of the Central Council Register"; and

(b)in paragraph (c), after sub-paragraph (i), there shall be inserted the following sub-paragraph:-

"(ia)if attending a course leading to a qualification for registration in Part 10 of the Central Council Register, is not employed by a Health Board, and".

(4) In regulation 4 of those Regulations-

(a)in paragraph (a), for the words from "the parts" to "1979",there shall be substituted the words "Parts 1 to 11 of the Central Council Register";and

(b)in paragraph (b), after sub-paragraph (i), there shall be inserted the following sub-paragraph:-

"(ia)if attending a course leading to a qualification for registration in Part 10 of the Central Council Register, is employed by a Health Board, and".

3.-(1) The Personal Community Charge (Exemptions) (Scotland) Regulations 1989((7)) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 of those Regulations-

(a)after the definition of "the 1986 Order", there shall be inserted the following definitions:

""the Central Council Register" means the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979;

"District Health Authority" and "Regional Health Authority" have the same meaning as in section 8 of the National Health Service Act 1977((8));"; and

(b)at the end of the definition of "educational establishment", there shall be inserted the following paragraph:-

"(xi)a college of nursing and midwifery or a college of health, established by a District or Regional Health Authority;".

(3) In regulation 6 of those Regulations-

(a)in paragraph (2), after sub-paragraph (a), there shall be inserted the following sub-paragraph:-

"(aa)in a case where the course leads to a qualification for registration in Part 10 of the Central Council Register and is provided by such a college as is referred to in paragraph (xi) of the definition of "educational establishment " in regulation 2 of these Regulations, he is not employed by a District or Regional Health Authority; and"; and

(b)in paragraph (3), for the words from "the Register" to the end of that paragraph, there shall be substituted the following:-

"the Central Council Register, unless-

(i)that course is provided by an educational establishment within paragraph (i), (ii), (iii), (v) or (vi) of the definition of "educational establishment" in regulation 2 of these Regulations; or

(ii)that course leads to a qualification for registration in any of Parts 10 or 12 to 15 of that Register and is provided by such a college as is referred to in paragraph (xi) of that definition.".

Explanatory Note

(This note is not part of the Regulations)

In terms of subsections (5) and (6A) of section 8 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ( "the 1987 Act "), persons undertaking full-time courses of education or of nursing education are liable to pay only a prescribed percentage of the personal community charge. The Personal Community Charge (Students) (Scotland) Regulations 1989 set that prescribed percentage at 20% and defined those persons who were to be treated as undertaking full-time courses of education or of nursing education. These Regulations amend the definitions in question to take account of the introduction in August 1992 of the new 1992 programmes of preparation for nursing and midwifery students.

In terms of paragraph 6 of Schedule 1A to the 1987 Act, persons undertaking full-time courses of education who are resident in the United Kingdom outside Scotland during term-time are exempt from the Scottish personal community charge. These Re figulations also amend the Personal Community Charge (Exemptions) (Scotland) Regulations 1989 so that nursing and midwifery students undertaking the 1992 programmes of preparation outside Scotland will be thus exempt.