OpenLegislation

Regulation 12 Grant: supplementary provisionI1

Scotland

(1)

Grants are to be paid at such times and in such instalments as the Scottish Ministers may determine.

(2)

Grants are to be paid to the person who has entered into a F1Training Provider Registration Agreement with a F2Training Account Administrator and a F3Training Provider Payment Agreement with the Scottish Ministers and is the person providing the F4Approved Training.

(3)

Grants are to be paid on such terms as the Scottish Ministers may determine which may include terms requiring repayment of the whole or part of the grant—

(a)

by the F5Training Provider if—

(i)

the F6Approved Training in question is not provided;

(ii)

the F7Training Account Holder does not commence the Approved Training;

(iii)

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

(iv)

any funds have been paid to the Training Provider in error; or

(b)

by the Training 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 F8(2), (3), (4), (5A), F9... (5C), (5D) F10, (5E) F11, (6) and (6A) 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 Training Account Holder in error.

F12(4)

For the purposes of paragraph (3)(a)(ii) the Approved Training is deemed to have commenced on the date on which the Training Account Holder first attends to receive the training concerned or, if attendance is not necessary for the commencement of the training, on the date on which the Training Account Holder first receives any training instructions or materials.

(5)

Without prejudice to paragraph (3) above, no grant is to be paid to F13a Training Provider unless the Scottish Ministers are satisfied that—

(a)

in respect of each claim submitted for learning account funds, F14the Training Provider has complied with the Operational Rules, applicable at the time each claim is submitted;

(b)

that the Training Provider has complied with the terms of the relevant F15Training Provider Payment Agreement; and

(c)

that the Training Provider has been registered by a F16Training Account Administrator in terms of regulation 6 and that the registration has not been withdrawn, suspended or cancelled.

(6)

The Scottish Ministers may vary, supplement, replace or otherwise amend the Operational Rules from time to time and must notify any such changes to the F17Training Account Administrator.

(7)

Where the F18Training Account Administrator is notified under paragraph (6) the Training Account Administrator must notify the changes to F19Training Providers.

(8)

It shall be a condition of the payment of all grants that F20Training Providers comply at all times with the Operational Rules as they apply from time to time.

Annotations

Textual amendments

F1

Words in reg. 12(2) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(2)(a) (with reg. 15)

F2

Words in reg. 12(2) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(2)(b) (with reg. 15)

F3

Words in reg. 12(2) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(2)(c) (with reg. 15)

F4

Words in reg. 12(2) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(2)(d) (with reg. 15)

F5

Words in reg. 12(3) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(3)(a) (with reg. 15)

F6

Words in reg. 12(3) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(3)(b) (with reg. 15)

F7

Words in reg. 12(3) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(3)(c) (with reg. 15)

F8

Words in reg. 12(3)(b)(ii) substituted (1.7.2012) by The Individual Learning Account (Scotland) Amendment Regulations 2012 (S.S.I. 2012/172), regs. 1, 2(5) (with reg. 3)

F9

Word in reg. 12(3) omitted (15.10.2017) by virtue of The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(3)(d) (with reg. 15)

F10

Word in reg. 12(3)(b)(ii) inserted (1.4.2013) by The Individual Learning Account (Scotland) Amendment Regulations 2013 (S.S.I. 2013/75), regs. 1, 2(4) (with reg. 3)

F11

Words in reg. 12(3) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(3)(e) (with reg. 15)

F12

Reg. 12(4) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(4) (with reg. 15)

F13

Words in reg. 12(5) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(5)(a) (with reg. 15)

F14

Words in reg. 12(5) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(5)(b) (with reg. 15)

F15

Words in reg. 12(5) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(5)(c) (with reg. 15)

F16

Words in reg. 12(5) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(5)(d) (with reg. 15)

F17

Words in reg. 12(6) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(6) (with reg. 15)

F18

Words in reg. 12(7) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(7)(a) (with reg. 15)

F19

Words in reg. 12(7) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(7)(b) (with reg. 15)

F20

Words in reg. 12(8) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 14(8) (with reg. 15)

Commencement

I1

Reg. 12 in force at 1.4.2011, see reg. 1(1)