to be moved
After Clause 43
BARONESS KENNEDY OF THE SHAWS
Insert the following new Clause—
enter or remain
(1) The Secretary of State for Business, Innovation and Skills shall make
regulations identifying as eligible for student support a person who—
(a) has leave to enter or remain;
(b) is a person to whom a duty is owed by a local authority under
section 20, 21, 22, 23A, 23C, 23CA, 24A or 24B of the Children Act
(c) is ordinarily resident in the UK and has not ceased to be so resident
since the person was granted leave to enter or remain; and
(d) is ordinarily resident in the UK on the first day of the first academic
year of the course.
(2) The Secretary of State for Education and Skills shall make regulations
providing that tuition fees may not be charged at a higher rate for a person
(a) has leave to enter or remain in the UK;
(b) is an asylum seeker; or
(c) has made an application for leave to enter or remain in the UK
which has not been finally determined;
and to whom a duty is owed by a local authority under section 20, 21, 22,
23A, 23C, 23CA, 24A or 24B of the Children Act 1989.
(3) For the purposes of this section, a duty owed to a person by a local
authority shall be interpreted as if Schedule 3 to the Nationality,
Immigration and Asylum Act 2002 (withholding and withdrawal of
support) did not apply.
(4) “Student support” means financial support by way of grant or loan made
by the Secretary of State pursuant to regulations under section 22 of the
Teaching and Higher Education Act 1998 (new arrangements for giving
financial support to students).
(5) “Tuition fees” means fees payable for a course of a description mentioned
in Schedule 6 to the Education Reform Act 1988 (courses of higher