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given up to and including

Monday 29th March 2004


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

HIGHER EDUCATION BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Higher Education Bill (Programme) (No. 4) in the name of Mr Secretary Clarke.


NEW CLAUSES RELATING TO THE GENERAL DUTIES OF THE RELEVANT AUTHORITY FOR THE PURPOSES OF PART 3

Abolition of tuition fees chargeable to qualifying student

   

Mr Tim Yeo
Mr Tim Collins
Chris Grayling
Mr Mark Francois

NC5

To move the following Clause:—

    '(1)   This section applies to fees charged by a relevant institution in respect of a qualifying course in connection with the undertaking of that course by a qualifying student.

    (2)   No fees to which this section applies may be charged in respect of any academic year unless regulations under section 22 of the 1998 Act (new arrangements for giving financial support to students) make provision in the case of all qualifying students for authorising a grant in respect of that academic year to be paid directly to the relevant institution the amount of which is equal to the amount of the fees.

    (3)   In this section—

"academic year", in relation to a course, means an academic year applicable to the course;"qualifying course" means a course which is—

      (a) a designated course within the meaning of the student support regulations, and

      (b) provided by an institution in England within the meaning of section 62 (7) of the 1992 Act;

"qualifying student" means a person who is of the class specified in Schedule 1 to the student support regulations other than—

      (a) persons who are not eligible for support under the student support regulations by reason of regulations 4(2) of those regulations, and

      (b) persons who are not eligible for a grant for fees under the student support regulations by reason of regulations 10(2) of those regulations;

"relevant institution" means an institution specified by the Secretary of State in a condition under section 68(1) of the 1992 Act or section 7(1) of the 1998 Act;"the student support regulations" means the Education (Student Support) (No. 2) Regulations 2002 (S.I., 2002/3200).'.
Condition by English funding bodies in relation to fees of prescribed amount

   

Mrs Anne Campbell
Mr John Grogan
Valerie Davey
Mr Harry Barnes

NC6

To move the following Clause:—

    '(1)   A condition under this section requires the governing body of the relevant institution—

      (a) to secure that, in respect of any qualifying course, the qualifying fees in respect of any academic year which begins during the grant period at a time when an English approved plan is in force in relation to the institution are equal to the prescribed amount,

      (b) to secure that, in respect of any qualifying course, no qualifying fees are charged in respect of any academic year which begins during the grant period at a time when no English approved plan is in force in relation to the institution, and

      (c) to comply with the general provisions of any English approved plan that is in force in relation to the institution during any part of the grant period during which it is in force.

    (2)   For the purposes of subsection (1)—

      (a) an academic year which begins at the same time as the grant period is to be taken to begin during the grant period, and

      (b) an academic year which begins with the day on which an English approved plan comes into force is to be taken to begin at a time when the plan is in force.

    (3)   A condition under this section must provide—

      (a) in the event of a failure by the governing body to comply with the requirement specified in subsection (1)(a)—

      (i) where the qualifying fees are equal to the prescribed amount, for the imposition by the funding body on the governing body of any financial requirements required by a direction under section 35(1)(a), and

      (ii) where the qualifying fees exceed that amount, for the imposition by the funding body on the governing body of any financial requirements required by a direction under section 35(1)(a) and of other financial requirements determined by the funding body in accordance with principles specified by the Secretary of State in the condition under section 22,

      (b) in the event of a failure by the governing body to comply with the requirement specified in subsection (1)(b), for the imposition by the funding body on the governing body of financial requirements determined by the funding body in accordance with principles specified by the Secretary of State in the condition under section 22, and

      (c) in the event of a failure by the governing body to comply with the requirement specified in subsection (1)(c), for the imposition by the funding body on the governing body of any financial requirements required by a direction under section 35(1)(a).

    (4)   Any financial requirements imposed by virtue of subsection (3) must relate to one or more of the following—

      (a) the repayment, with or without interest, of the whole or any part of any sums received by the governing body in respect of the grant, loan or other payment in question,

      (b) the withdrawal or reduction of any amount that has been awarded but not yet paid in respect of the grant, loan or other payment in question, or

      (c) the refusal to award (or to award to the extent expected) any other grant, loan or other payment under section 65 of the 1992 Act or (as the case may be) section 5 of the 1994 Act in respect of the grant period or any subsequent period.

    (5)   Where—

      (a) a condition is imposed under this section in connection with any grants, loans or other payments made to the governing body of a relevant institution, and

      (b) those payments are to any extent made in respect of persons undertaking a course which is provided in whole or part by any other institution,

       then, for the purposes of this section, fees payable by such persons to the other institution are to be regarded as fees payable by them to the relevant institution.

    (6)   The first regulations to be made under subsection (11) prescribing the prescribed amount shall prescribe a single amount, except where subsection (8) applies, in which case a lower amount may be prescribed.

    (7)   The Secretary of State may not make the first regulations under subsection (11) prescribing the prescribed amount unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

    (8)   This subsection applies where the qualifying fees are for—

      (a) the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks' attendance;

      (b) a sandwich course where during an academic year any periods of full-time study are in aggregate less than 10 weeks;

      (c) a course of initial training of teachers, including such a course leading to a first degree, where during an academic year any periods of full-time study are in aggregate less than 10 weeks;

      (d) a course provided in conjunction with an overseas institution where during an academic year the periods of full-time study are in aggregate less than 10 weeks;

      (e) a sandwich course or a course provided in conjunction with an overseas institution where the periods of full-time study at the institution in the United Kingdom are 10 weeks or more, but in respect of the academic year and any previous such academic years the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

    (9)   Where regulations under subsection (11) have been made prescribing the prescribed amount no regulations under that subsection may be made increasing that amount unless the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms.

    (10)   For the purposes of subsection (9) the Secretary of State is to have regard to such index of prices as may be specified in, or determined in accordance with, regulations made by him under this subsection.

    (11)   In this section—

"academic year", in relation to a course, means an academic year applicable to the course;
"funding body" has the same meaning as in section 22;
"the grant period" means the period in respect of which the grants, loans, or other payments to which the relevant condition under section 22 relates are made;
"prescribed" means prescribed by regulations made by the Secretary of State;
"the prescribed amount" means the amount prescribed by regulations in accordance with this section;
"qualifying course" means a course of any description prescribed for the purposes of this section;
"qualifying fees", in relation to a relevant institution, means the fees payable to the institution by a qualifying person in connection with his undertaking a qualifying course;
"qualifying person" means a person falling within any class of persons prescribed for the purposes of this section;
"relevant institution" has the same meaning as in section 22.'.


Condition that may be required to be imposed by English funding bodies (No. 2)

   

Mr Phil Willis
Mr David Rendel

NC8

To move the following Clause:—

    '(1)   A condition under this section requires the governing body of the relevant institution—

      (a) to secure that, in respect of any qualifying course, no fees are payable to any relevant institution by any qualifying person, and

      (b) to comply with the general provisions of any English approved plan that is in force in relation to the institution during any part of the grant period during which it is in force.

    (2)   For the purposes of subsection (1)—

      (a) an academic year which begins at the same time as the grant period is to be taken to begin during the grant period, and

      (b) an academic year which begins with the day on which an English approved plan comes into force is to be taken to begin at a time when the plan is in force.

    (3)   A condition under this section must provide, in the event of a failure by the governing body to comply with the requirement specified in subsection (1), for the imposition by the funding body on the governing body of any financial requirements determined by the funding body in accordance with principles specified by the Secretary of State in the condition under section 22.

    (4)   Any financial requirements imposed by virtue of subsection (3) must relate to one or more of the following—

      (a) the repayment, with or without interest, of the whole or any part of any sums received by the governing body in respect of the grant, loan or other payment in question,

      (b) the withdrawal or reduction of any amount that has been awarded but not yet paid in respect of the grant, loan or other payment in question, or

      (c) the refusal to award (or to award to the extent expected) any other grant, loan or other payment under section 65 of the 1992 Act or (as the case may be) section 5 of the 1994 Act in respect of the grant period or any subsequent period.

    (5)   In this section—

"academic year", in relation to a course, means an academic year applicable to the course;"funding body" has the same meaning as in section 22;
"the grant period" means the period in respect of which the grants, loans, or other payments to which the relevant condition under section 22 relates are made;
"prescribed" means prescribed by regulations made by the Secretary of State;
"qualifying course" means a course of any description prescribed for the purposes of this section;
"qualifying person" means a person falling within any class of persons prescribed for the purposes of this section;
"relevant institution" has the same meaning as in section 22.'.



 
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