Qualifying accounts and arrangementsU.K.
104 Qualifying accounts.U.K.
(1)Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).
(2)The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
(3)These conditions may be included—
(a)conditions as to the description of individual who may hold an account;
(b)conditions as to the description of institution with which an account may be held;
(c)conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;
(d)conditions requiring an account to be identified by a specified name.
(4)Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
(5)The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
(6)The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.
(7)The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.
(8)For the purposes of this section an enactment includes an Act of the Scottish Parliament.
105 Qualifying arrangements.E+W
(1)Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2)The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
(3)These conditions may be included—
(a)conditions as to the description of individual who may enter into arrangements;
(b)conditions as to the description of body with which arrangements may be made;
(c)conditions as to the nature of the arrangements and the way they are to be made;
(d)conditions requiring the arrangements to be identified by a specified name.
(4)Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
(5)The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
(6)The regulations may contain provision securing that an individual may not simultaneously—
(a)be a party to more than one set of arrangements which qualify under this section, or
(b)be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).
(7)Arrangements fall within this subsection if they are—
(a)arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or
(b)arrangements which qualify under section 106.
106 Qualifying arrangements: Northern Ireland.N.I.
(1)Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2)The provision is to be taken to require the arrangements to satisfy conditions specified by [F1 the Department for Employment and Learning] in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).
(3)Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a)references in those subsections to the Secretary of State are to be treated as references to the Department;
(b)the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 105.
Textual Amendments
F1Words in s. 106(2) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
107 Qualifying arrangements: further provision.E+W+N.I.
(1)The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.
(2)Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.
(3)Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.
(4)The Secretary of State may pay—
(a)to a person designated by him under subsection (1) to make arrangements with a body, or
(b)to a person designated by him under subsection (3) to carry out functions on his behalf,
remuneration or amounts to meet the person’s expenses.
(5)[F2The Department forEmployment and Learning] in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.
(6)Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.
Textual Amendments
F2Words in s. 107(5) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
108 Grants.E+W
(1)The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2)The regulations must provide that grants may be paid only to or in respect of individuals—
(a)who hold accounts which qualify under section 104,
(b)who are parties to arrangements which qualify under section 105, or
(c)who hold such accounts and are parties to such arrangements.
(3)The regulations may provide that grants may not be paid unless other specified conditions are satisfied.
(4)These conditions may be included—
(a)conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);
(b)conditions as to the way the arrangements qualifying under section 105 are conducted;
(c)conditions as to the employment or self-employment of individuals;
(d)conditions requiring individuals not to be receiving or have received specified benefits;
(e)conditions as to the kinds of education or training which qualify.
(5)The regulations may provide—
(a)that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;
(b)that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;
(c)that if grants are payable under the regulations they may be paid to persons providing education or training;
(d)that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;
(e)that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.
(6)Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified—
(a)by the Secretary of State in a way he thinks fit, or
(b)if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.
(7)The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved—
(a)by the Secretary of State, or
(b)if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.
109 Grants: Northern Ireland.N.I.
(1)[F3The Department for Employment and Learning] in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2)The regulations must provide that grants may be paid only to or in respect of individuals—
(a)who hold accounts which qualify under section 104,
(b)who are parties to arrangements which qualify under section 106, or
(c)who hold such accounts and are parties to such arrangements.
(3)Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a)references in those subsections to the Secretary of State are to be treated as references to the Department;
(b)the reference in subsection (4)(b) to arrangements which qualify under section 105 is to be treated as a reference to arrangements which qualify under section 106.
Textual Amendments
F3Words in s. 109(1) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)