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The Enterprise (Scotland) Consequential Amendments Order 1991

S.I. 1991/387 · Made 28 February 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EMPLOYMENT AND TRAINING

Made 28th February 1991

Laid before Parliament 11th March 1991

Coming into force 1st April 1991

Whereas the consequential modifications of provisions in subordinate legislation effected by this Order appear to the Secretary of State to be necessary or expedient in connection with functions becoming, by section 1(a)(ii) and (b)(ii) of the Enterprise and NewTowns (Scotland) Act 1990f1, functions of Scottish Enterprise and Highlands and Islands Enterprise:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 38(3) of the said Act and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1990 c. 35.

Contents

  1. 1Citation and commencement
  2. 2General amendments
  3. 3The Social Security (Credits) Regulations 1975
  4. 4The Social Security (Attendance Allowance) (No. 2) Regulations 1975
  5. 5The Social Security (Overlapping Benefits) Regulations 1979
  6. 6The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
  7. 7The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985
  8. 8The Students' Allowances (Scotland) Regulations 1987
  9. 9The Income Support (General) Regulations 1987
  10. 10The Income Support (Transitional) Regulations 1987
  11. 11The Housing Benefit (General) Regulations 1987
  12. 12The Family Credit (General) Regulations 1987
  13. 13The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulations 1988
  14. 14The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
  15. 15The Education Authority Bursaries (Scotland) Regulations 1988
  16. 16The Social Security (Employment Training: Payments) Order 1988
  17. 17The Local Government Act 1988 (Defined Activities) (Exemptions) (Scotland) Order 1988
  18. 18The Community Charge Benefits (General) Regulations 1989
  19. 19The Home Energy Efficiency Grants Regulations 1990
  20. Signature
  21. Schedule SCEDULESchedule SCEDULE
  22. Explanatory note

1Citation and commencement

This Order may be cited as the Enterprise (Scotland) Consequential Amendments Order 1991 and shall come into force on 1st April 1991.

2General amendments

Each of the instruments specified in column (1) of the Schedule to this Order shall be amended by inserting in the instrument, where indicated in column (3) of that Schedule, the words “or section 2 of the Enterprise and New Towns (Scotland) Act 1990”.

3The Social Security (Credits) Regulations 1975

The Social Security (Credits) Regulations 1975f1 shall be amended as follows:—

(a)

in regulation 7(2)(b), after “1973” there shall be added the words “or the Enterprise and New Towns (Scotland) Act 1990”; and

(b)

in regulation 8(1)(a)(ii)(a), after “1973” there shall be added the words “or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990”.

4The Social Security (Attendance Allowance) (No. 2) Regulations 1975

At the end of the Schedule to the Social Security (Attendance Allowance) (No. 2) Regulations 1975f1 there shall be added the following entry:—

“

1990 c. 35The Enterprise and New Towns (Scotland) Act 1990Section 2(3) and (4)(c)

”.

5The Social Security (Overlapping Benefits) Regulations 1979

The Social Security (Overlapping Benefits) Regulations 1979f1 shall be amended as follows:—

(a)

in the definition of “training allowance” in regulation 2(1), the words “Scottish Enterprise, Highlands and Islands Enterprise or” shall be added after the words “on behalf of” (in all three places where they appear); and

(b)

in regulation 10(1)(h), after “1973” there shall be added the words “, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,”.

6The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983f1 shall he amended as follows:—

(a)

in regulation 1(2)—

(i)

in the definition of “employment or training programme”, after “1973” there shall be added the words “, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,”;

(ii)

in the definition of “training allowance”, after “1973” there shall he added the words “or the Enterprise and New Towns (Scotland) Act 1990”; and

(iii)

in the definition of “training course”, after “1973” there shall be added the words “, or by Scottish Enterprise or Highlands and Islands Enterprise pursuant to section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,”;

(b)

in regulation 7(1)(f)—

(i)

in head (i), after the words “behalf of” there shall be added the words “Scottish Enterprise, Highlands and Islands Enterprise or”;

(ii)

in head (ii), after the words “made with” there shall be added the words “Scottish Enterprise, Highlands and Islands Enterprise or”; and

(iii)

after the words “made by or on behalf of” there shall be added the words “Scottish Enterprise, Highlands and Islands Enterprise,”; and

(c)

in regulation 12D(1)(f), after “1973” there shall be added the words “, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,”.

7The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985

Regulation 2(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985f1 shall be amended by adding at the end of each of the definitions of “training” and “work” the words “or by or on behalf of Scottish Enterprise or Highlands and Islands Enterprise”.

8The Students' Allowances (Scotland) Regulations 1987

Regulation 2(6)(a) of the Students' Allowances (Scotland) Regulations 1987f1 shall be amended by substituting for the words “or the Secretary of State” the words “,the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise”.

9The Income Support (General) Regulations 1987

The Income Support (General) Regulations 1987f1 shall be amended as follows:—

(a)

in the definition of “training allowance” in regulation 2(1), the words “, Scottish Enterprise or Highlands and Islands Enterprise” shall be inserted at the end of each of paragraphs (a) and (c);

(b)

in regulation 9(2), the words “Scottish Enterprise, Highlands and Islands Enterprise or” shall be inserted after the words “on behalf of” where they appear in sub-paragraphs (a)(ii) and b(i);

(c)

in regulation 17(6A), after the words “that section” there shall be inserted the words “of the 1973 Act”;

(d)

in paragraph 7(1)(b) of Schedule 2, there shall be added after “1973” the words “or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,”;

(e)

in paragraph 9(a)(v) of column 1 of Schedule 7, after the words “that section” there shall be added the words “of the 1973 Act”;

(f)

in Schedule 8, the words “of the 1973 Act” shall be inserted after the words “that section” in each place where they appear in—

(i)

paragraph 4(7)(a)(ii);

(ii)

paragraph 4(7)(c); and

(iii)

paragraph 6(2C)(a);

(g)

in paragraph 13 of Schedule 9—

(i)

there shall be added after the words “that section” the words “of the 1973 Act”; and

(ii)

for the words “of that Act” (in both places where they appear) there shall be substituted the words “of the 1973 Act or section 2(4)(c) of the 1990 Act”; and

(h)

in paragraph 30 of Schedule 1O, after the words “that section” there shall be inserted the words “of the 1973 Act”.

10The Income Support (Transitional) Regulations 1987

Regulation 14(1E) of the Income Support (Transitional) Regulations 1987f1 shall be amended by adding after the words “that section” the words “of the 1973 Act”.

11The Housing Benefit (General) Regulations 1987

The Housing Benefit (General) Regulations 1987f1 shall be amended as follows:—

(a)

in the definition of “training allowance” in regulation 2(1), the words “, Scottish Enterprise or Highlands and Islands Enterprise” shall be added at the end of each of paragraphs (a) and (c);

(b)

in the definition of “training course” in regulation 5(9), before the words “a government” there shall he added the words “Scottish Enterprise, Highlands and Islands Enterprise,”;

(c)

in regulation 51(2)(b), after the words “behalf of” there shall be added the words “Scottish Enterprise, Highlands and Islands Enterprise or”;

(d)

in paragraph 7(1)(b) of Schedule 2, after “1973” there shall be added the words “, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,”;

(e)

in paragraph 11 of Schedule 4—

(i)

there shall be added after the words “that section” the words “of the 1973 Act”; and

(ii)

for the words “of that Act” (in both places where they appear) there shall be substituted the words “of the 1973 Act or section 2(4)(c) of the 1990 Act”; and

(f)

in paragraph 33 of Schedule 5, for the words “that section” there shall be substituted the words “either of those sections”.

12The Family Credit (General) Regulations 1987

The Family Credit (General) Regulations 1987f1 shall be amended as follows:—

(a)

in paragraph 11 of Schedule 2—

(i)

there shall be added after the words “that section” the words “of the 1973 Act”; and

(ii)

for the words “of that Act” (in both places where they appear) there shall be substituted the words “of the 1973 Act or section 2(4)(c) of the 1990 Act”; and

(b)

in paragraph 32 of Schedule 3, for the words “that section” there shall be substituted the words “either of those sections”.

13The European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulations 1988

Schedule 1 to the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulationsf1 shall he amended as follows:—

(a)

in paragraph 1—

(i)

the following definition shall be added after the definition of “the 1986 Act”:—

  • ““the 1990 Act” means the Enterprise and New Towns (Scotland) Act 1990;”; and

(ii)

in paragraph (a) of the definition of “relevant course of training”, there shall be added after the word “Act” the words “or the 1990 Act”; and

(b)

at the end of each of paragraphs 7(8) and 8(3), there shall be added the words “, or by or on behalf of Scottish Enterprise or Highlands and Islands Enterprise under any provision of the 1990 Act”.

14The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

In regulation 8(1)(f) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988f1, the words “Scottish Enterprise, Highlands and Islands Enterprise or” shall be added after the words “behalf of” and also after the words “approved by”.

15The Education Authority Bursaries (Scotland) Regulations 1988

Regulation 2(6)(a) of the Education Authority Bursaries (Scotland) Regulations 1988f1 shall be amended by substituting, for the words “or the Secretary of State”, the words “, the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise”.

16The Social Security (Employment Training: Payments) Order 1988

Article 2 of the Social Security (Employment Training: Payments) Order1988f1 shall be amended by substituting for the words “that section” (in both places where they appear) the words “either of those sections”.

17The Local Government Act 1988 (Defined Activities) (Exemptions) (Scotland) Order 1988

Article 6 of the Local Government Act 1988 (Defined Activities) (Exemptions) (Scotland) Order 1988f1 shall be amended as follows:—

(a)

the following words shall be inserted after the words “Act 1973,”:—

“or pursuant to an agreement made with Scottish Enterprise or Highlands and Islands Enterprise which is an agreement made by virtue of any provision of the Enterprise and New Towns (Scotland) Act 1990,”; and

(b)

for the words “or the Secretary of State” (where they appear for the second time), there shall be inserted the words “, the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise”.

18The Community Charge Benefits (General) Regulations 1989

The Community Charge Benefits (General) Regulations 1989f1 shall be amended as follows:—

(a)

in the definition of “training allowance” in regulation 2(1), the words “, Scottish Enterprise or Highlands and Islands Enterprise” shall be inserted at the end of each of paragraphs (a) and (c);

(b)

in paragraph 11 of Schedule 3—

(i)

after the words “that section” there shall be added the words “of the 1973 Act”; and

(ii)

for the words “of that Act” (in both places where they appear) there shall be substituted the words “of the 1973 Act or section 2(4)(c) of the 1990 Act”; and

(c)

in paragraph 33 of Schedule 4, for the words “that section” there shall be substituted the words “either of those sections”.

19The Home Energy Efficiency Grants Regulations 1990

Regulation 11(4) of the Home Energy Efficiency Grants Regulations 1990f1 shall be amended by adding after “1973” the words “or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990”.

Signature

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

28th February 1991

Schedule SCEDULE

Column (1)Column (2)Column (3)
Title of InstrumentReferencePlace for Insertion
The Child Benefit (General) Regulations 1976S.I. 1976/965f1Regulation 1(2) – in paragraph (a) of the definition of “youth training scheme” after the word “State)”.
The Social Security (Overlapping Benefits) Regulations 1979S.I. 1979/597f2Regulation 2(1) – in paragraph (b) of the definition of “training allowance” after “1973”.
The Income Support (General) Regulations 1987S.I. 1987/1967f3
(a)

Regulation 7(2) – after “1973”;

(b)

Regulation 17(6A) – after “1973”;

(c)

Regulation 37(1) – after “1973”;

(d)

Schedule 3, paragraph 11(7)(b) – after “1973”;

(e)

Schedule 7, column 1, paragraph 9(a)(v) – after “1973”;(f) Schedule 8, paragraph 4(7)(a)(ii) – after “1973”;

(g)

Schedule 8, paragraph 4(7)(c) – after “1973”;

(h)

Schedule 8, paragraph 6(2C)(a) – after “1973”;

(i)

Schedule 9, paragraph 13 – after “1973”;

(j)

Schedule 10, paragraph 30 – after the “State)”.

The Social Security (Claims and Payments) Regulations 1987S.I. 1987/1968f4Schedule 7, paragraph 7(1) – after “1973”.
The Income Support (Transitional) Regulations 1987S.I. 1987/1969f5Regulation 14(1E) – after “1973”.
The Housing Benefit (General) Regulations 1987S.I. 1987/1971f6
(a)

Regulation 30 – after “1973”;

(b)

Regulation 63(7)(b) – after “1973”;

(c)

Schedule 4, paragraph 11 – after “1973”;

(d)

Schedule 5, paragraph 33 – after the “State)”.

The Family Credit (General) Regulations 1987S.I. 1987/1973f7
(a)

Regulation 21(1) – after “1973”;

(b)

Schedule 2, paragraph 11 – after “1973”;

(c)

Schedule 3, paragraph 32 – after the word “State)”.

The Social Security (Employment Training: Payments) Order 1988S.I. 1988/1409Article 2 – after “1973”.
The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989S.I. 1989/76Article 5(3)(c) – after “1973”.
The Community Charge Benefits (General) Regulations 1989S.I. 1989/1321f8
(a)

Regulation 20 – after “1973”;

(b)

Schedule 1, paragraph 7(b) – after “1973”;

(c)

Schedule 1, paragraph 13(5) – after “1973”;

(d)

Schedule 1, paragraph 13(7) – after “1973”;

(e)

Schedule 3, paragraph 11 – after “1973”;

(f)

Schedule 4, paragraph 33 – after the word “State)”.

The Sex Discrimination Act 1975 (Exemption of Special Treatment for Lone Parents) Order 1989S.I. 1989/2140Article 2 – in the definition of “Employment Training” after “1973”.
The Personal Community Charge (Qualifying Courses of Education) Regulations 1990S.I. 1990/712
(a)

Regulation 2(3)(b) – after “1973”;

(b)

Schedule – in the heading after “1973”.

The Personal Community Charge (Exemptions) (Qualifying Courses of Education) (Scotland) Regulations 1990S.I. 1990/1178
(a)

Regulation 2(2)(b)(ii) – after “1973”;

(b)

Schedule 2 – in the heading after “1973”.

Explanatory note

(This note is not part of the Order)

The Enterprise and New Towns (Scotland) Act 1990 created in Scotland two new public bodies to be known as Scottish Enterprise and Highlands and Islands Enterprise. As from 1st April 1991, these bodies will assume responsibility for training arrangements in Scotland previously made by the Secretary of State for Employment under the Employment and Training Act 1973 (c. 50). This Order consequentially amends references in subordinate legislation to the Secretary of State and that 1973 Act so as to include, as from 1st April 1991, references to Scottish Enterprise and Highlands and Islands Enterprise and to the Enterprise and New Towns (Scotland) Act 1990.