The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012

Interpretation

2.  In this Order—

“the 2004 Act” means the Armed Forces (Pensions and Compensation) Act 2004;

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August, or on or after 1 August and on or before 31 December, respectively;

“additional adoption leave” means leave which, in the opinion of the Defence Council, corresponds to additional adoption leave prescribed in regulations made under section 75B(2) and (3) of the Employment Rights Act 1996(1);

“additional maternity leave” means leave which, in the opinion of the Defence Council, corresponds to additional maternity leave prescribed in regulations made under section 73(2) and (3) of the Employment Rights Act 1996(2);

“additional paternity leave” means leave which, in the opinion of the Defence Council, corresponds to additional paternity leave within the meaning of the Additional Paternity Leave Regulations 2010(3);

“applicant” means a person who has applied for a payment under the ELC Scheme or the FHEC Scheme;

“approved learning provider” means an establishment on the Scheme administrator’s list of approved providers;

“the Armed Forces Pension Scheme 1975” means the occupational pension scheme arrangements set out in—

(a)

the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 made on 15th December 2010 as amended by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2012 made on 15th February 2012 (4);

(b)

the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 made on 15th December 2010 as amended by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2012 (5);

(c)

the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) made on 14th December 2010 as amended by the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2012(6).

“the Armed Forces Pension Scheme 2005” means the occupational pension scheme arrangements set out in the Armed Forces Pension Scheme Order 2005(7);

“discharged on attributable medical grounds” means that a person has been discharged from service on the grounds that they are medically unfit to continue in service due to an injury or illness caused wholly or predominantly by service or predominantly worsened by service and the phrase “attributable medical discharge” is to be construed accordingly;

“ELC Scheme” means the Enhanced Learning Credit Scheme established by article 4(1);

“FHEC Scheme” means the Further and Higher Education Commitment Scheme established by article 4(2);

“higher level learning” means full or part time study towards the achievement of a higher level learning qualification;

“higher level learning qualification” means a qualification at Level 3 or above on the Qualifications and Credit Framework(8) or other equivalent qualification (including an equivalent vocational qualification);

“higher tier payment” has the meaning given by article 9(4);

“individual resettlement training costs grant” means a grant paid towards the cost of training to enhance skills and qualifications in preparation for new employment;

“lower tier payment” has the meaning given by article 9(3);

“ordinary adoption leave” means leave which, in the opinion of the Defence Council, corresponds to ordinary adoption leave prescribed in regulations made under section 75A(2) and (2A) of the Employment Rights Act 1996(9);

“ordinary maternity leave” means leave which, in the opinion of the Defence Council, corresponds to ordinary maternity leave prescribed in regulations made under section 71(2) and (3) of the Employment Rights Act 1996(10);

“ordinary paternity leave” means leave which, in the opinion of the Defence Council, corresponds to paternity leave within the meaning of regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002(11);

“Phase 1 training” means all initial training to recruits into the armed forces to provide basic military skills;

“Phase 2 training” means—

(a)

initial individual specialisation training, and

(b)

technical training,

following phase 1 training;

“publicly funded” means maintained or assisted by recurrent grants of public funds;

“qualification level learning” means learning leading to —

(a)

a first full Level 3 qualification as defined by the Qualifications and Credit Framework;

(b)

a first vocational qualification which is the equivalent of a qualification falling within paragraph (a);

(c)

a first undergraduate degree (including a foundation degree);

(d)

a first Higher National Certificate or first Higher National Diploma for which the entry qualification is lower than a degree; or

(e)

such qualifications in Scotland which are the equivalent of qualifications falling within paragraphs (a) to (d).

“qualifying service” means service in the armed forces and includes time spent on ordinary maternity leave, additional maternity leave, ordinary paternity leave, additional paternity leave, ordinary adoption leave or additional adoption leave, but does not include time spent on any unpaid career break;

“senior responsible officer” means the person within each single service with overall responsibility for the ELC Scheme;

“service leaver” means a person who has ceased to be a member of the armed forces;

“six month window” means the six month period which commences on the eighth anniversary of enlistment or commission;

“the Scheme administrator” means the person appointed by the Secretary of State under section 1(3) of the 2004 Act to administer the ELC Scheme and the FHEC Scheme;

“tuition fees” means the costs charged by the approved learning provider which may include registration, examination and accreditation fees.

(1)

1996 c. 18; section 75B was inserted by section 3 of the Employment Act 2002 (c. 22); section 75B(3) was substituted by section 11(1) and paragraph 34 of Schedule 1 to the Work and Families Act 2006 (c. 18).

(2)

Section 73 was substituted by section 7 and Part 1 of Schedule 4 to the Employment Relations Act 1999 (c. 26); section 73(3) was substituted by section 11(1) and paragraph 32 of Schedule 1 to the Work and Families Act 2006 and section 73(5A) was inserted by sections 17(1) and (4) of the Employment Act 2002.

(3)

S.I. 2010/1055.

(4)

Orders in Council made pursuant to section 3 of the Naval and Marine Pay and Pensions Act 1865 c. 73 (28 and 29 Vict).

(5)

Royal Warrants made under section 2 of the Pensions and Yeomanry Pay Act 1884 (47 and 48 Vict c. 55) and prerogative powers.

(6)

Queen’s Orders made under section 2(1) of the Air Force (Constitution) Act 1917 c. 51 (7 and 8 Geo 5).

(7)

S.I. 2005/438 as amended by S.I. 2006/717, 2007/2608, 2008/229, 2009/544, 2011/1364 and 2011/3013.

(8)

The Qualifications and Credit Framework (QCF) is a national framework which accommodates qualifications and operates across England, Wales and Northern Ireland. The Office of Qualifications and Examinations Regulation, together with its partner regulators in Wales (the Department for Education and Skills) and Northern Ireland (Council for Curriculum, Examinations and Assessment) is responsible for the regulation of the QCF (www.ofqual.gov.uk).

(9)

Section 75A was inserted by section 3 of the Employment Act 2002; section 75A(2A) was inserted by section 11(1) and paragraph 33 of Schedule 1 to the Work and Families Act 2006.

(10)

Section 71 was substituted by section 7 and Part 1 of Schedule 4 to the Employment Relations Act 1999; section 71(3) was substituted by section 11(1) and paragraph 31 of Schedule 1 to the Work and Families Act 2006; section 71(4) was amended by sections 17(1) and 2(a) to (c) of the Employment Act 2002; section 71(7) was substituted by sections 17(1) and (3) of the Employment Act 2002.

(11)

S.I. 2002/2788; regulation 4 was amended by article 2 and paragraphs 1(1) and 2(a) and (b) of Schedule 17 of S.I. 2005/2114; regulation 8 was amended by article 2(17) and paragraphs 1(1) and (3) of Schedule 17 of S.I. 2005/2114.