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Higher Education Bill


Higher Education Bill
Part 3 — Student fees in higher education

15

 

“regulations” means regulations made—

(a)   

in relation to England, by the Secretary of State, and

(b)   

in relation to Wales, by the Assembly.

32      

Approval of plans

(1)   

The governing body of any institution which is or may become eligible to

5

receive grants under section 65 of the 1992 Act or section 5 of the 1994 Act may

apply to the relevant authority for approval of a proposed plan relating to the

institution.

(2)   

The relevant authority may, if it thinks fit, approve the plan.

(3)   

The relevant authority may issue guidance to institutions falling within

10

subsection (1) as to the matters to which the relevant authority will have regard

in deciding whether to approve plans.

(4)   

The relevant authority’s functions under this section are to be exercised in

accordance with regulations.

(5)   

Regulations may, in particular—

15

(a)   

prescribe cases in which the relevant authority must, or may not,

approve a plan, and

(b)   

specify matters to which the relevant authority is, or is not, to have

regard in making any determination relating to approval.

(6)   

Regulations may require the institution to which any plan approved under this

20

section relates to publish the plan in the prescribed manner.

(7)   

In this section “regulations” means regulations made—

(a)   

in relation to England, by the Secretary of State, or

(b)   

in relation to Wales, by the Assembly.

33      

Duration of plans

25

(1)   

A plan must specify the period during which it is to be in force.

(2)   

The length of that period must not exceed such maximum as may be prescribed

by regulations made—

(a)   

in relation to England, by the Secretary of State, or

(b)   

in relation to Wales, by the Assembly.

30

(3)   

Subsections (1) and (2) do not prevent the approval of a new plan to take effect

on the expiry of a previous plan.

34      

Variation of plans

(1)   

Regulations may make provision enabling an English approved plan or a

Welsh approved plan to be varied with the approval of the relevant authority.

35

(2)   

In this section “regulations” means regulations made—

(a)   

in relation to England, by the Secretary of State, or

(b)   

in relation to Wales, by the Assembly.

 

 

Higher Education Bill
Part 3 — Student fees in higher education

16

 

35      

Enforcement of plans: England

(1)   

If the Director is satisfied that the governing body of an institution which by

virtue of a condition under section 23 is required to comply with the

requirement specified in section 23(1)(a) or (c) has failed to comply with that

requirement, the Director may do either or both of the following—

5

(a)   

direct the Higher Education Funding Council for England or the

Teacher Training Agency (or both) to impose specified financial

requirements on the governing body under section 23(3), or

(b)   

notify the governing body that on the expiry of the existing plan he will

refuse to approve a new plan under section 32 during a specified

10

period.

(2)   

The Secretary of State may by regulations make provision—

(a)   

as to the matters to which the Director must, or may not, have regard in

exercising his powers under subsection (1),

(b)   

as to the procedure to be followed in connection with the giving of any

15

direction or notification under subsection (1),

(c)   

as to the financial requirements that may be specified by virtue of

subsection (1)(a), and

(d)   

as to the effect of a notification under subsection (1)(b).

36      

Enforcement of plans: Wales

20

(1)   

If the relevant authority is satisfied that the governing body of an institution

which by virtue of a condition imposed under section 26 is required to comply

with the requirement specified in section 26(1)(a) or (c) has failed to comply

with that requirement, the relevant authority may notify the governing body

that on the expiry of the existing plan it will refuse to approve a new plan

25

under section 32 during a specified period.

(2)   

The period specified under subsection (1) must not exceed any maximum

period prescribed by regulations made by the Assembly.

(3)   

The Assembly may by regulations make provision—

(a)   

as to the matters to which the relevant authority must, or may not, have

30

regard in exercising its powers under subsection (1),

(b)   

as to the procedure to be followed in connection with the giving of any

notification under that subsection, and

(c)   

as to the effect of such a notification.

(4)   

The exercise of the power conferred by subsection (1) (whether or not by the

35

Higher Education Funding Council for Wales) does not prevent the Council

from enforcing the condition imposed under section 26 by imposing financial

requirements on the governing body in pursuance of any condition imposed

by virtue of section 26(3).

Supplementary

40

37      

Provision of information

(1)   

If so requested by the Director, the Higher Education Funding Council for

England and the Teacher Training Agency must provide the Director with any

 

 

Higher Education Bill
Part 3 — Student fees in higher education

17

 

information which is in its possession and is reasonably required by the

Director for the purposes of his functions.

(2)   

If so requested by the Higher Education Funding Council for England or the

Teacher Training Agency, the Director must provide the Council or the Agency

with any information which is in his possession and is reasonably required by

5

either of those bodies for the purposes of its functions.

38      

Interpretation of Part 3

(1)   

In this Part—

   

“course” does not include any part-time or postgraduate course other

than a course of initial teacher training;

10

   

“the Director” has the meaning given by section 29(1);

   

“English approved plan” has the meaning given by section 21(b);

   

“fees”, in relation to undertaking a course, means fees in respect of, or

otherwise in connection with, undertaking the course, including

admission, registration, tuition and graduation fees but excluding—

15

(a)   

fees payable to an institution for awarding or accrediting any

qualification where the institution does not provide the whole

or part of the course and is not a publicly-funded institution (as

defined by subsection (2)),

(b)   

fees payable for board or lodging,

20

(c)   

fees payable for field trips (including any tuition element of

such fees),

(d)   

fees payable for attending any graduation or other ceremony,

and

(e)   

such other fees as may be prescribed—

25

(i)   

in relation to England, by regulations made by the

Secretary of State, or

(ii)   

in relation to Wales, by regulations made by the Assembly;

   

“governing body”, in relation to an institution, has the meaning given by

section 90(1) of the 1992 Act, but subject to any provision made by

30

virtue of section 90(2) of that Act;

   

“general provisions”, in relation to a plan, has the meaning given by

section 31(3);

   

“plan” has the meaning given by section 21(a);

   

“the relevant authority” has the meaning given by section 28(1);

35

   

“Welsh approved plan” has the meaning given by section 21(b).

(2)   

In subsection (1) “publicly-funded institution” means—

(a)   

any university or other institution receiving grants, loans or other

payments under section 65 of the 1992 Act, or under section 5 of the

1994 Act, any institution maintained by a local education authority in

40

the exercise of their further and higher education functions, any

institution receiving a recurrent grant towards its costs under

regulations made under section 485 of the Education Act 1996 (c. 56) or

any institution receiving financial resources under section 5 or 34 of the

Learning and Skills Act 2000 (c. 21);

45

(b)   

any institution within the higher education sector for the purposes of

the Further and Higher Education (Scotland) Act 1992 (c. 37), any

college of further education within the meaning of section 36(1) of that

 

 

Higher Education Bill
Part 4 — Student support

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Act or any central institution within the meaning of section 135(1) of the

Education (Scotland) Act 1980 (c. 44);

(c)   

the Queen’s University of Belfast, the University of Ulster, a college of

education in Northern Ireland within the meaning of Article 2(2) of the

Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594

5

(N.I. 3)) or any institution providing in Northern Ireland further

education as defined in Article 3 of the Further Education (Northern

Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

Part 4

Student support

10

39      

Effect of bankruptcy

(1)   

In section 22 of the 1998 Act (arrangements for giving financial support to

students), after subsection (3)(e) insert—

“(f)   

with respect to the effect of bankruptcy upon a borrower’s

liability to make repayments in respect of such a loan (whether

15

the repayments relate to sums which the borrower receives, or

is entitled to receive, before or after the commencement of the

bankruptcy).”

(2)   

In section 46(8) of the 1998 Act (provisions that extend to Northern Ireland), in

the entry relating to section 22 for “(3)(e)” substitute “(3)(e) or (f)”.

20

(3)   

Subsection (4) has effect in relation to the Education (Student Loans) Act 1990

(c. 6) to the extent that it continues in force by virtue of any savings made, in

connection with its repeal by the 1998 Act, by an order under section 46(4) of

the 1998 Act.

(4)   

Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) is to

25

have effect as if in paragraph 5(2) (liabilities relating to student loans not to be

included in bankruptcy debts) the reference to “any such sum” were a

reference to “any sums to which this paragraph applies”.

(5)   

Nothing in this section affects any bankruptcy commencing before this section

comes into force.

30

40      

Other amendments of section 22 of Teaching and Higher Education Act 1998

(1)   

Section 22 of the 1998 Act (arrangements for giving financial support to

students) is amended as follows.

(2)   

In subsection (2)(i), for “who have previously made loans of any prescribed

description to those persons” substitute “to whom those persons are liable to

35

make payments”.

(3)   

Omit subsection (7) (which provides that regulations made by virtue of

subsection (2)(b) of that section are to be subject to affirmative resolution

procedure in certain circumstances).

41      

Transfer of certain functions to National Assembly for Wales

40

(1)   

In relation to Wales, the functions of the Secretary of State under section 22 of

the 1998 Act (arrangements for giving financial support to students) are hereby

 

 

Higher Education Bill
Part 4 — Student support

19

 

transferred to the Assembly, except so far as they relate to the making of any

provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of that

section.

(2)   

The functions of the Secretary of State under section 22 of the 1998 Act are to

be exercisable concurrently with the Assembly so far as they relate to the

5

making in relation to Wales of any provision authorised by subsection (2)(a),

(c) or (k) of that section.

(3)   

Regulations made under section 22 of the 1998 Act by the Secretary of State

must provide that no provision made by virtue of subsection (5) of that section

is to apply in relation to any loan made under that section by the Assembly

10

unless the Assembly—

(a)   

has determined, in relation to any loan or description of loan, that

repayments are to be collected by the Commissioners of Inland

Revenue, and

(b)   

has given notice of that determination to the Secretary of State and to

15

the person liable to make the repayments.

(4)   

The functions of the Secretary of State under section 23 of the 1998 Act (transfer

or delegation of functions relating to student support) are hereby transferred

to the Assembly so far as they relate to functions which are exercisable by the

Assembly under regulations under section 22 of that Act.

20

(5)   

Until the commencement of subsection (4), the functions of the Secretary of

State under subsections (7) and (8) of section 23 of the 1998 Act (power to make

payments to body or person by whom function is exercisable by virtue of

subsection (1) or (4) of that section) are to be exercisable concurrently with the

Assembly so far as they relate to payments to any body or person by whom

25

there is exercisable any function that will after the commencement of

subsections (1) and (2) be exercisable by the Assembly.

(6)   

For the purposes of the Government of Wales Act 1998 (c. 38)—

(a)   

any function that is transferred to the Assembly by subsection (1) or (4)

or made exercisable by the Assembly by subsection (2) or (5) is to be

30

taken to have been transferred to, or made exercisable by, the Assembly

by an Order in Council under section 22 of that Act, and

(b)   

in relation to any function which is taken by virtue of paragraph (a) to

have been transferred to the Assembly by such an Order in Council,

any reference to the coming into force of the Order in Council

35

transferring it is to be read as a reference to the commencement of the

provision of this section by which the function is transferred.

42      

Supply of information held by student support authority

(1)   

Regulations may provide that a student support authority may supply student

support information of a prescribed description to a prescribed person for a

40

prescribed purpose.

(2)   

A person may not be prescribed under subsection (1) unless the person—

(a)   

is the governing body of an institution with which eligible students (as

defined for the purposes of the student support scheme) are

undertaking courses, or

45

(b)   

is a person who appears to the Secretary of State or, as the case may be,

the Assembly to be exercising functions of a public nature.

 

 

Higher Education Bill
Part 5 — General

20

 

(3)   

Regulations under subsection (1) may not allow information to be supplied

except with the consent of every individual to whom the information relates,

given in such manner as may be prescribed.

(4)   

Subsection (3) does not apply to the supply of information for the purposes of

any civil or criminal proceedings arising out of the student support scheme.

5

(5)   

Regulations under subsection (1) may provide that information may be

supplied under such regulations only if prescribed conditions are met.

(6)   

This section does not limit the circumstances in which information may be

supplied apart from this section.

(7)   

In this section “student support authority” means—

10

(a)   

the Secretary of State,

(b)   

any authority or governing body by whom any function of the

Secretary of State is for the time being exercisable to any extent by

virtue of section 23(1) of the 1998 Act,

(c)   

any person acting on behalf of the Secretary of State to any extent by

15

virtue of section 23(4) of the 1998 Act,

(d)   

the Assembly,

(e)   

any authority or governing body by whom any function of the

Assembly is for the time being exercisable to any extent by virtue of

section 23(1) of the 1998 Act, and

20

(f)   

any person acting on behalf of the Assembly to any extent by virtue of

section 23(4) of the 1998 Act.

(8)   

In this section—

   

“prescribed” means prescribed by regulations;

   

“regulations” means—

25

(a)   

in relation to a student support authority falling within any of

paragraphs (a) to (c) of subsection (7), regulations made by the

Secretary of State, and

(b)   

in relation to a student support authority falling within any of

paragraphs (d) to (f) of subsection (7), regulations made by the

30

Assembly;

   

“student support scheme” means the provisions of regulations under

section 22 of the 1998 Act;

   

“student support information”, in relation to a student support authority,

means any information which the student support authority holds in

35

connection with, or in consequence of, the exercise of any function

relating to the operation of the student support scheme.

Part 5

General

43      

Orders and regulations

40

(1)   

Any power—

(a)   

of the Secretary of State or the Assembly to make an order or

regulations under this Act, or

(b)   

of the Scottish Ministers to make an order under this Act,

   

is exercisable by statutory instrument.

45

 

 

Higher Education Bill
Part 5 — General

21

 

(2)   

Any statutory instrument containing—

(a)   

an order made by the Secretary of State under section 18, or

(b)   

regulations made by the Secretary of State under any provision of this

Act,

   

is subject to annulment in pursuance of a resolution of either House of

5

Parliament.

(3)   

Subsection (2) does not apply to—

(a)   

regulations to which section 24(1) or (2)(b) applies, or

(b)   

regulations to which paragraph 12(3) of Schedule 2 applies.

(4)   

Any order or regulations under this Act may—

10

(a)   

make different provision for different cases or different areas,

(b)   

make provision generally or only in relation to specified cases, and

(c)   

contain such incidental, supplemental, saving or transitional

provisions as the person making the order or regulations thinks fit.

(5)   

Nothing in this Act is to be regarded as affecting the generality of subsection

15

(4).

44      

General interpretation

In this Act—

“the 1992 Act” means the Further and Higher Education Act 1992 (c. 13);

“the 1994 Act” means the Education Act 1994 (c. 30);

20

“the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30);

“the Assembly” means the National Assembly for Wales.

45      

Consequential amendments

Schedule 6 contains amendments related to the provisions of this Act.

46      

Repeals

25

Schedule 7 contains repeals.

47      

Financial provisions

(1)   

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred by the Secretary of State by virtue of this Act, and

(b)   

any increase attributable to this Act in the sums which by virtue of any other

30

Act are payable out of money so provided.

(2)   

There shall be paid into the Consolidated Fund any sums received by a Minister of the

Crown by virtue of this Act.

48      

Commencement

(1)   

The following provisions come into force on the passing of this Act—

35

   

section 21, so far as relating to England;

   

section 23(6), so far as enabling regulations to be made;

   

section 24;

   

section 27, so far as relating to England;

 

 

 
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