|
| |
|
| “regulations” means regulations made— |
| |
(a) | in relation to England, by the Secretary of State, and |
| |
(b) | in relation to Wales, by the Assembly. |
| |
| |
(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 |
| |
| |
(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, |
| |
| |
(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. |
| |
| 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 |
| |
| |
(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. |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
(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). |
| |
| 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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| “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 |
| |
| |
(d) | fees payable for attending any graduation or other ceremony, |
| |
| |
(e) | such other fees as may be prescribed— |
| 25 |
(i) | in relation to England, by regulations made by the |
| |
| |
(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 |
| |
| |
| “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 |
| |
|
| |
|
| |
|
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)). |
| |
| |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
(a) | has determined, in relation to any loan or description of loan, that |
| |
repayments are to be collected by the Commissioners of Inland |
| |
| |
(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 |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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, |
| |
| |
(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. |
| |
| |
| “prescribed” means prescribed by regulations; |
| |
| 25 |
(a) | in relation to a student support authority falling within any of |
| |
paragraphs (a) to (c) of subsection (7), regulations made by the |
| |
| |
(b) | in relation to a student support authority falling within any of |
| |
paragraphs (d) to (f) of subsection (7), regulations made by the |
| 30 |
| |
| “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. |
| |
| |
| |
43 | Orders and regulations |
| 40 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| 5 |
| |
(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 |
| |
44 | General interpretation |
| |
| |
| “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. |
| |
| 25 |
Schedule 7 contains repeals. |
| |
| |
(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. |
| |
| |
(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 27, so far as relating to England; |
| |
|
| |
|