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The Personal Community Charge (Exemptions) (Scotland) Regulations 1989

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Persons resident during term time in England, Wales or Northern Ireland for purpose of undertaking a full-time course of education

6.—(1) The following paragraphs shall apply for the purpose of determining whether a person is undertaking a full-time course of education for the purposes of paragraph 6 of Schedule 1A to the Act (exemption from liability for the personal community charge and personal commun ity water charge of person undertaking a full-time course of education and resident during term time in England, Wales or Northern Ireland for the purpose of undertaking that course).

(2) A person shall be treated as undertaking a full-time course of education if—

(a)he enrols with an educational establishment providing a full-time course of education for the purpose of attending the course, and

(b)he attends the course during the period ordinarily required for its completion, or during such other period for its completion as the educational establishment may allow in the circumstances of that person,

and he continues to undertake the course during such a period notwithstanding that it may include periods which are not term time within the meaning of regulation 7 of these Regulations.

(3) A “full-time course of education” shall mean a course specified in Schedule 2 to these Regulations—

(a)which is provided by an educational establishment, and

(b)which a person undertaking the course is required by the educational establishment to attend for a period of at least 24 weeks within each academic year of the establishment required to complete the course, and

(c)in respect of which, in the opinion of the educational establishment, a person would ordinarily require to undertake periods of study or tuition (including any periods of industrial, professional or commercial experience associated with the course which he requires to undertake to complete the course) which amount, in the aggregate, to an average of at least 21 hours a week during the period mentioned in subparagraph (b) above,

but does not include any such course leading to a qualification for registration in any of the parts of 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((1)), unless 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.

(1)

1979 c. 36; the parts of the register maintained under section 10 are specified in Schedule 1 to the Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983 (S.I. 1983/667).

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