Statutory Instruments
2011 No. 948
Council Tax, England And Wales
The Council Tax (Discount Disregards) (Amendment) Order 2011
Made
24th March 2011
Laid before Parliament
29th March 2011
Laid before the National Assembly of Wales
29th March 2011
Coming into force
13th May 2011
The Secretary of State for Communities and Local Government in relation to England, and the Welsh Ministers in relation to Wales, in exercise of the powers conferred by sections 113(1) and 116(1) of, and paragraphs 4 and 5 of Schedule 1 to, the Local Government Finance Act 1992( 1 ) make the following Order:
Citation, extent and commencement
1. —(1) This Order may be cited as the Council Tax (Discount Disregards) (Amendment) Order 2011.
(2) This Order extends to England and Wales and comes into force on 13th May 2011.
Amendments to the Council Tax (Discounts Disregards) Order 1992
2.The Council Tax (Discount Disregards) Order 1992( 2 ) is amended as follows.
Amendments to Article 5 relating to prescribed educational establishments
3. In article 5 (prescribed educational establishments), for paragraph (2) substitute the following paragraph—
“ (2) For the purposes of paragraph 5(4) of Schedule 1 to the Act, the bodies prescribed for the definition of “institution” are those institutions situated in England and Wales which—
(a) in relation to students, are defined as prescribed educational establishments in Part I of Schedule 2 to this Order; and
(b) in relation to student nurses, are defined as prescribed educational establishments in Part II of that Schedule. ” .
Amendments to Schedule 1 relating to definition of students, etc
4. In paragraph 3 of Part II (students) of Schedule 1 (definition of students, etc)—
(a) for “attending” substitute “undertaking”, and
(b) for “attend” substitute “undertake”.
5. In paragraph 4(1) of Part II of Schedule 1, for paragraphs (b) and (c) substitute—
“ (b) which persons undertaking it are normally required by the educational establishment concerned to undertake periods of study, tuition or work experience (whether at premises of the establishment or otherwise)—
(i) of at least 24 weeks in each academic or calendar year (as the case may be) during which it subsists, and
(ii) which taken together amount in each such academic or calendar year to an average of at least 21 hours a week. ”
6. In paragraph 6(2) of Part II of Schedule 1, for the definition of “course of higher education” substitute—
“ “course of higher education” means a course which is within the meaning of the definition of “higher education” in paragraph 2 of Part I of Schedule 2 to this Order. ” .
Amendments to Schedule 2 relating to prescribed educational establishments
7. In Part I (establishments for students) of Schedule 2 (prescribed educational establishments), for paragraphs 1 and 2( 3 ) substitute—
“ 1. Subject to paragraph (3) below, an institution is a prescribed educational establishment within this Part if it is—
(a) situated in a member State, and
(b) established solely or mainly for the purpose of providing further or higher education.
2. In this Part—
“further education”, in relation to a member State, means—
any course of education (other than a course which is within the definition of “higher education” below) which is suitable to the requirements of persons who are over the compulsory school age applicable in that State, and
organised leisure-time occupation provided in connection with such a course;
“higher education”, in relation to a member State, means any course of education the successful completion of which results in any of the following qualifications—
a first degree,
a higher degree,
a qualification (including a professional qualification) which is regarded by the relevant authority as being equivalent to a qualification (or part of a qualification) mentioned in paragraph (a) or (b) of this definition; and
“relevant authority”, in relation to a member State, means the authority which in relation to that State has sole or primary responsibility for the regulation of higher education. ” .
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th March 2011
Carl Sargeant
Minister for Social Justice and Local Government,
one of the Welsh Ministers
23rd March 2011
1992 c.14 . Section 113(1) was amended by paragraph 52(2) of Schedule 7 to the Local Government Act 2003 (c.26) . These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ); see the entry in Schedule 1 for the Local Government Finance Act 1992. By virtue of section 162 of, paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c.32) , they were transferred to the Welsh Ministers.
1992/548 ; relevant amending instruments are S.I. 1995/619 , 2006/3396 and 2007/580 (W. 52) .
Paragraph 1 was amended by S.I. 1995/619 , 2006/3396 and 2007/580 (W. 52) and by section 74 of the Education Act 2005 (c.18) .