The Community Charges (Registration) (Scotland) (No. 2) Amendment Regulations 1991

Schedule 4

10.  In the Notes and Warning to the inquiry form set out in Schedule 4, the following amendments shall be made:—

(a) in Note 6:—

(i) in paragraph 1, before the word “students” there shall be inserted the word “certain”; and

(ii) in paragraph 2, for the sentence “Please also include the names of any students who are resident in the premises during term time (see Note 9).”, there shall be substituted the following sentence:—

“Please also include the name of any student who is undertaking a full-time course of education and who is resident in the premises during term time and also the name of any other student who is undertaking a full-time course of nursing education and who is solely or mainly resident in the premises (see Note 9).”;

(b) for paragraph 1 of Note 9, there shall be substituted the following paragraph:—

“1.   The Act contains special provisions about a student, that is a person who is “undertaking a full-time course of education” or who is “undertaking a full-time course of nursing education”. In particular—

(a) section 8(4) provides that a person undertaking a full-time course of education is to be regarded as being solely or mainly resident in the area of the local authority in Scotland in which he or she is resident during “term-time” for the purposes of undertaking the course until he or she “ceases to undertake the course”. There is no equivalent provision with regard to a person undertaking a full-time course of nursing education;

(b) section 8(5) and (6A) provides that a person undertaking a full-time course of education or a full-time course of nursing education is only liable for a prescribed percentage of the personal community charge; and

(c) section 8(6) provides that what is meant by “person undertaking a full-time course of education”, “term-time” and “ceases to undertake the course” is to be prescribed in regulations. There is a similar provision in relation to a person undertaking a full-time course of nursing education in section 8(6C).

Please include the name of, and other information requested relating to, any such student—

(i) who is undertaking a full-time course of education and who is resident in the premises during term-time for the purpose of undertaking his full-time course of education; or

(ii) who is undertaking a full-time course of nursing education and who is solely or mainly resident in the premises.”;

(c) in paragraph I of Note 10—

(i) in subparagraph (e), after the word “payable” there shall be inserted the words “or would be payable but for certain circumstances”;

(ii) after subparagraph (f), there shall be inserted the following subparagraph:—

“(ff) persons aged under 20 who are undertaking certain qualifying courses of education;”; and

(iii) in subparagraph (1), after the words “non-domestic rates” there shall be inserted the words “but which are not part residential subjects”.