Higher Education Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Higher Education Bill

Higher Education Bill
Part 4 — Student support
18

(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
the exercise of their further and higher education functions, any
5
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);
(b)
any institution within the higher education sector for the purposes of
10
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
15
education in Northern Ireland within the meaning of Article 2(2) of the
Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594
(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)).
20
Part 4
Student support
39
Effect of bankruptcy
(1)
In section 22 of the 1998 Act (arrangements for giving financial support to
students), after subsection (3)(e) insert—
25
“(f)
with respect to the effect of bankruptcy upon a borrower’s
liability to make repayments in respect of such a loan (whether
the repayments relate to sums which the borrower receives, or
is entitled to receive, before or after the commencement of the
bankruptcy).”
30
(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)”.
(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
35
the 1998 Act.
(4)
Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) is to
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”.
40
(5)
Nothing in this section affects any bankruptcy commencing before this section
comes into force.
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.
45

Higher Education Bill
Part 4 — Student support
19

(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
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
5
procedure in certain circumstances).
41
Transfer of certain functions to National Assembly for Wales
(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
10
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
making in relation to Wales of any provision authorised by subsection (2)(a),
15
(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
unless the Assembly—
20
(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
the person liable to make the repayments.
25
(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.
(5)
Until the commencement of subsection (4), the functions of the Secretary of
30
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
there is exercisable any function that will after the commencement of
35
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
taken to have been transferred to, or made exercisable by, the Assembly
40
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
transferring it is to be read as a reference to the commencement of the
45
provision of this section by which the function is transferred.

Higher Education Bill
Part 4 — Student support
20

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
prescribed purpose.
(2)
A person may not be prescribed under subsection (1) unless the person—
5
(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
(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.
10
(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.
15
(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—
20
(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
25
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
30
(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—
35
(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
40
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
45
connection with, or in consequence of, the exercise of any function
relating to the operation of the student support scheme.

Higher Education Bill
Part 5 — General
21

Part 5
General
43
Orders and regulations
(1)
Any power—
(a)
of the Secretary of State or the Assembly to make an order or
5
regulations under this Act, or
(b)
of the Scottish Ministers to make an order under this Act,

is exercisable by statutory instrument.
(2)
Any statutory instrument containing—
(a)
an order made by the Secretary of State under section 18, or
10
(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
Parliament.
(3)
Subsection (2) does not apply to—
15
(a)
regulations to which section 24(1) or (2)(a)(ii) or (b)(ii) applies, or
(b)
regulations to which paragraph 12(3) of Schedule 2 applies.
(4)
Any order or regulations under this Act may—
(a)
make different provision for different cases or different areas,
(b)
make provision generally or only in relation to specified cases, and
20
(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
(4).
44
General interpretation
25
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);
“the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30);
“the Assembly” means the National Assembly for Wales.
30
45
Consequential amendments
Schedule 6 contains amendments related to the provisions of this Act.
46
Repeals
Schedule 7 contains repeals.
47
Financial provisions
35
(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

Higher Education Bill
Part 5 — General
22

(b)
any increase attributable to this Act in the sums which by virtue of any
other 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
5
(1)
The following provisions come into force on the passing of this Act—

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;
10

section 28(1), so far as relating to England;

section 29;

section 30(1);

sections 31 and 32, so far as relating to England;

sections 33 to 35, so far as enabling regulations to be made in relation to
15
England;

section 37;

section 38, so far as relating to England;

section 39;

sections 43 and 44;
20

section 47, this section and sections 49 and 50;

Schedule 5; and

paragraph 1 of Schedule 6 and, so far as relating to the Director of Fair
Access to Higher Education, paragraphs 4 and 10 of that Schedule (and
section 45 so far as relating to those provisions).
25
(2)
The following provisions (so far as not coming into force in accordance with
subsection (1)) come into force in accordance with provision made by the
Secretary of State by order—

Part 1, except section 10(2) and (3);

section 22;
30

section 35;

section 40;

section 42;

paragraphs 2 to 6 and 9 and 10 of Schedule 6 (and section 45 so far as
relating to those paragraphs); and
35

in Schedule 7, the repeals in the Superannuation Act 1972 (c. 11) and in
section 22 of the 1998 Act (and section 46 so far as relating to those
repeals).
(3)
The following provisions come into force in accordance with provision made
by the Assembly by order—
40

section 10(2);

sections 25 and 26;

section 28(2) and (3);

section 30(2);

section 36; and
45

section 41.

Higher Education Bill
Part 5 — General
23

(4)
The Assembly may not make an order under subsection (3) in relation to
section 41 except with the agreement of the Secretary of State.
(5)
Section 10(3) comes into force in accordance with provision made by the
Scottish Ministers by order.
(6)
Except as provided by subsections (1) to (5), the provisions of this Act come
5
into force—
(a)
in relation to England, in accordance with provision made by the
Secretary of State by order, and
(b)
in relation to Wales, in accordance with provision made by the
Assembly by order.
10
49
Extent
(1)
Subject to subsections (2) to (4), this Act extends to England and Wales only.
(2)
The following provisions also extend to Scotland and Northern Ireland—
(a)
Part 1,
(b)
section 42,
15
(c)
sections 43, 44, 47 and 48, and
(d)
this section and section 50.
(3)
Subsections (1), (2) and (5) of section 39 also extend to Northern Ireland.
(4)
Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the enactment to which it relates.
20
50
Short title, etc.
(1)
This Act may be cited as the Higher Education Act 2004.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).