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The Individual Learning Account (Scotland) Regulations 2004

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12.—(1) Grants shall be paid at such times and in such instalments as the Scottish Ministers may determine.

(2) Grants shall be paid to the person who has entered into a Learning Provider Registration Agreement with a Learning Account Administrator and a Learning Provider Payment Agreement with the Scottish Ministers and is the person providing the approved learning.

(3) Grants shall be paid on such terms as the Scottish Ministers may determine and those terms may include terms requiring repayment of whole or part of the grant–

(a)by the Learning Provider if–

(i)the approved learning in question is not provided;

(ii)the learning account holder does not commence the approved learning;

(iii)any other terms on which the grant was paid are not complied with; or

(iv)any funds have been paid to the Learning Provider in error; or

(b)by the learning account holder if–

(i)his or her registration is cancelled or at the time of payment of the grant the registration is capable of being cancelled in accordance with regulation 4(6);

(ii)any of the conditions contained in regulation 3(3) to (5) in respect of the qualifying arrangements named “ILA Scotland Universal Arrangements”, or the conditions contained in regulation 3(3) to (5) and 3(7) in respect of the qualifying arrangements named “ILA Scotland Targeted Arrangements”, were not satisfied at the time of registration with the Scottish Ministers;

(iii)the condition contained in regulation 9(1) was not satisfied at the time of payment of the grant; or

(iv)any funds have been paid to the learning account holder in error.

(4) For the purposes of paragraph (3)(a)(ii) the approved learning shall be deemed to have commenced upon the date on which the learning account holder first attends to receive the approved learning concerned or, in the case of distance learning, the date on which Scottish Ministers are provided with confirmation, in such form as they may require, that the learning account holder has received and has accepted the relevant training materials.

(5) Without prejudice to paragraph (3) above, no grant shall be paid to a Learning Provider unless the Scottish Ministers are satisfied that–

(a)in respect of each claim submitted for learning account funds, the Learning Provider has complied with the Operational Rules, applicable at the time each such claim is submitted;

(b)that the Learning Provider has complied with the terms of the relevant Learning Provider Payment Agreement; and

(c)that the Learning Provider has been registered by a Learning Account Administrator in terms of regulation 6 and that registration has not been withdrawn, suspended or cancelled.

(6) The Scottish Ministers shall be entitled to vary, supplement, replace or otherwise amend the Operational Rules from time to time. The Scottish Ministers shall notify any such changes to the Learning Account Administrator and the Learning Account Administrator shall notify them to Learning Providers. It shall be a condition of the payment of all grants that Learning Providers comply at all times with the Operational Rules as they apply from time to time.

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