The Vocational Training (Tax Relief) (Amendment) Regulations 1997

• Citation: S.I. 1997/661
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Vocational Training (Tax Relief) (Amendment) Regulations 1997 and shall come into force on 6th April 1997.

Section 2 Interpretation

In these Regulations “the principal Regulations ” means the Vocational Training (Tax Relief) Regulations 1992 and “regulation” means a regulation of the principal Regulations.

Section 3 Amendments to the principal Regulations

In regulation 2 for the definitions of “training payment” and “training provider” there shall be substituted the following definitions—

“training payment” means a payment made by an individual in respect of a qualifying course of vocational training—

in respect of an allowable expense to a person who provides training courses which are qualifying courses of vocational training, or

to a person who—

receives fees for assessment purposes, or

receives fees payable in connection with the making, as a result of having undertaken the course, of any entry in an official register or any award, or

receives other fees such as are mentioned in subsection (9) of section 32 in respect of a qualifying course of vocational training provided in the United Kingdom;

“training provider” means a person to whom a training payment is made;

Section 4 Amendments to the principal Regulations

In regulation 3(2) after the word “where” there shall be inserted the words “an individual makes a training payment and”.

Section 5 Amendments to the principal Regulations

In regulations 8(3) and 10(3) for the words “annual return” there shall be sub-stituted the words “annual claim”.

Section 6 Amendments to the principal Regulations

After regulation 11 there shall be inserted the following regulation—

Appeals

(11A)

(1) Subject to paragraph (7), a training provider may appeal to the Special Commissioners against the Board’s decision on an annual claim by giving notice to the Board within 30 days beginning with the date of the receipt by him of the notice of that decision.

(2) No appeal shall lie from the Board’s decision on an interim claim.

(3) The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to the appeal.

(4) On an appeal, the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.

(5) All such assessments, payments and repayments shall be made as are necessary to give effect to any variation of the Board’s decision on appeal.

(6) An assessment made under paragraph (5) shall not be out of time if it is made within six months of the final determination of the appeal.

(7) This regulation shall not apply in relation to claims made before 6th April 1997.

Section 7 Amendments to the principal Regulations

For regulation 13 there shall be substituted—

Keeping of records by training providers

(13)

(1) A training provider shall keep sufficient records in respect of qualifying courses of vocational training in respect of which training payments have been made to him to enable the requirements of these Regulations to be satisfied.

(2) Without prejudice to the generality of paragraph (1), the training provider shall keep every notice of entitlement to relief at source.

(3) A training provider shall keep the records referred to in paragraphs (1) and (2) so as to be available for inspection under these Regulations—

(a) for a period of three years after the end of the year in which the relevant training payment was made, or

(b) for a period of two years after the end of the year in which the annual claim relating to the relevant training payment was made,

whichever period is the later to expire.

Section 8 Amendments to the principal Regulations

In regulation 14 for the words “provided by him” there shall be substituted the words “in respect of which a training payment has been made to him”.