1 Regulations and notices requiring participation in a scheme

(1) The 2011 Regulations are to be treated for all purposes as regulations that were
made under section 17A of the Jobseekers Act 1995 and other provisions
specified in the preamble to the 2011 Regulations and that came into force on
5the day specified in the 2011 Regulations.

(2) The Employment, Skills and Enterprise Scheme mentioned in the 2011
Regulations is to be treated as having been, until the coming into force of the
2013 Regulations, a scheme within section 17A(1) of the Jobseekers Act 1995.

(3) The following are to be treated as having been, until the coming into force of
10the 2013 Regulations, programmes of activities that are part of the
Employment, Skills and Enterprise Scheme—

(a) the programmes described in regulation 3(2) to (8) of the 2013
Regulations, and

(b) the programme known as the Community Action Programme,

15and references to the scheme are to be read accordingly.

(4) A notice given for the purposes of regulation 4(1) of the 2011 Regulations
(requirement to participate and notification) is to be treated as a notice that
complied with regulation 4(2)(c) (details of what a person is required to do by
way of participation in scheme) if it referred to—

(a) 20the Employment, Skills and Enterprise Scheme, or

(b) a programme of activities treated under subsection (3) as part of the
scheme.

(5) A notice given for the purposes of regulation 4(1) of the 2011 Regulations is to
be treated as a notice that complied with regulation 4(2)(e) (information about

the consequences of failing to participate) if it described an effect on payments
of jobseeker’s allowance as a consequence or possible consequence of not
participating in the scheme or a programme of activities.

(6) Regulation 4(3) of the 2011 Regulations (notice of changes in what a person is
5required to do by way of a participation in a scheme) is to be treated as if at all
times—

(a) it required the person in question to be notified only if the changes in
the requirements mentioned in regulation 4(2)(c) were such that the
details relating to those requirements specified in—

(i) 10a notice given to the person under regulation 4(1), or

(ii) a notice given to the person under regulation 4(3) on an earlier
occasion,

were no longer accurate, and

(b) it required the person to be notified only of such changes as made the
15details inaccurate.

(7) A notice given for the purposes of regulation 4(1) of the Mandatory Work
Activity Scheme Regulations is to be treated as a notice that complied with
regulation 4(2)(d) (details of what a person is required to do by way of
participation in scheme) if it referred to—

(a) 20the Mandatory Work Activity Scheme, or

(b) a placement described as Mandatory Work Activity.

(8) A notice given for the purposes of regulation 4(1) of the Mandatory Work
Activity Scheme Regulations is to be treated as a notice that complied with
regulation 4(2)(f) (information about the consequences of failing to participate)
25if it described an effect on payments of jobseeker’s allowance as a consequence
or possible consequence of not participating in the scheme or placement.

(9) Regulation 4(3) of the Mandatory Work Activity Scheme Regulations is to be
treated as if at all times—

(a) it required the person in question to be notified only if the changes in
30the requirements mentioned in regulation 4(2)(d) were such that the
details relating to those requirements specified in—

(i) a notice given to the person under regulation 4(1), or

(ii) a notice given to the person under regulation 4(3) on an earlier
occasion,

35were no longer accurate, and

(b) it required the person to be notified only of such changes as made the
details inaccurate.

(10) The penalty provisions are to be treated (notwithstanding the amendments
made by the 2012 Regulations) as having effect after the relevant time as they
40did before the relevant time, in relation to a failure to comply with the 2011
Regulations or, as the case may be, the Mandatory Work Activity Scheme
Regulations that occurred or began to occur before the relevant time.

(11) In subsection (10) and this subsection—

• “the penalty provisions” means—

  (a)

  45in the case of a failure to comply with the 2011 Regulations, the
  provisions relating to the imposition of a penalty for such a
  failure that had effect before the relevant time;

  (b)

  in the case of a failure to comply with the Mandatory Work
  Activity Scheme Regulations, the provisions relating to the

  Jobseekers (Back to Work Schemes) BillPage 3

  imposition of a penalty for such a failure that had effect before
  the relevant time;

• “the relevant time” means the time at which the 2012 Regulations came
  into force.

(12) 5A penalty imposed on a person before or after the coming into force of this Act
for—

(a) failing to participate in a scheme within section 17A(1) of the Jobseekers
Act 1995, or

(b) failing to comply with regulations under section 17A of that Act,

10is to be treated as lawfully imposed if the only ground or grounds for treating
it as unlawfully imposed is or are removed by subsections (1) to (10).

(13) Subject to subsection (10), the 2011 Regulations are to be treated as having been
revoked by the 2013 Regulations on the coming into force of the 2013
Regulations.

(14) 15In this section—

• “the 2011 Regulations” means the provisions known as the Jobseeker’s
  Allowance (Employment, Skills and Enterprise Scheme) Regulations
  2011 (S.I. 2011/917S.I. 2011/917);

• “the 2012 Regulations” means the Jobseeker’s Allowance (Sanctions)
  20(Amendment) Regulations 2012 (S.I. 2012/2568S.I. 2012/2568);

• “the 2013 Regulations” means the Jobseeker’s Allowance (Schemes for
  Assisting Persons to Obtain Employment) Regulations 2013 (S.I. 2013/
  276);

• “the Mandatory Work Activity Scheme Regulations” means the
  25Jobseeker’s Allowance (Mandatory Work Activity Scheme)
  Regulations 2011 (S.I. 2011/688S.I. 2011/688).

2 Extent, commencement and short title

(1) This Act extends to England and Wales and Scotland.

(2) This Act comes into force on the day on which it is passed.

(3) 30This Act may be cited as the Jobseekers (Back to Work Schemes) Act 2013.