Amendments proposed to the Higher Education Bill, As Amended - continued House of Commons

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Condition by Higher Education Funding Council for Wales in relation to fees of prescribed amount

   

Mrs Anne Campbell
Mr John Grogan
Valerie Davey
Mr Harry Barnes

NC7

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 a Welsh 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 Welsh approved plan is in force in relation to the institution, and

      (c) to comply with the general provisions of any Welsh 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 a Welsh approved plan comes into force is to be taken at a time when the plan is in force.

    (3)   A condition under this section must provide, in the event of a failure of the governing body to comply with any of the requirements specified in subsection (1), for the imposition by the Higher Education Funding Council for Wales on the governing body of financial requirements determined by the Council in accordance with principles specified by the Assembly in the condition under section 25.

    (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)   In this section—

"academic year", in relation to a course, means an academic year applicable to the course;
"the grant period" means the period in respect of which the grants, loans, or other payments to which the relevant condition under section 25 relates are made;
"prescribed" means prescribed by regulations made by the Assembly;
"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 25.'.


Condition that may be required to be imposed by Higher Education Funding Council for Wales (No. 2)

   

Mr Phil Willis
Mr David Rendel

NC9

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 Welsh 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 a Welsh 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 of the governing body to comply with any of the requirements specified in subsection (1), for the imposition by the Higher Education Funding Council for Wales on the governing body of financial requirements determined by the Council in accordance with principles specified by the Assembly in the condition under section 25.

    (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;
"the grant period" means the period in respect of which the grants, loans, or other payments to which the relevant condition under section 25 relates are made;
"prescribed" means prescribed by regulations made by the Assembly;
"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 25.'.


Transfer of functions under section 26 of the 1998 Act to the Assembly

   

Mr Simon Thomas

NC22

*To move the following Clause:—

       'The functions of the Secretary of State under section 26 of the 1998 Act (imposition of conditions as to fees at further or higher education institutions) shall be transferred to the Assembly so far as they relate to student fees in Welsh institutions.'.


REMAINING NEW CLAUSES

General duties of the Director

   

Mr Tim Yeo
Mr Tim Collins
Chris Grayling
Mr Mark Francois

NC1

To move the following Clause:—

    '(1)   The Director must perform his functions under this Part in such a way as to ensure full access to higher education based upon academic ability and potential.

    (2)   In performing his functions under this Part the Director shall also have regard to—

      (a) the desirability of promoting equality of opportunity in connection with access to higher education,

      (b) the requirement to maintain the independence of the procedures for the admission of students of individual institutions, and

      (c) the desirability of securing that his powers are exercised in such a way as to impose the minimum necessary burdens of cost and compliance with regulation on institutions.'.


Post-legislative scrutiny

   

Mr Graham Allen

NC16

To move the following Clause:—

    '(1)   The effects of this Act shall be reviewed twice a year by the Education and Skills Select Committee of the House of Commons which shall make a report to that House on that outcome of such reviews.

    (2)   If at any time after the passing of this Act—

      (a) the name of the Education and Skills Select Committee is changed; or

      (b) the functions discharged by that Committee at the passing of this Act, or functions substantially corresponding thereto, are discharged by a different Committee of the House of Commons.

       references in this Act to the Education and Skills Select Committee shall be construed as a reference to that Committee by its new name or, as the case may be, to the Committee for the time being discharging those functions.

    (3)   Any question arising under subsection (2) shall be determined by the Speaker of the House of Commons.'.


   

Mr Tim Yeo
Mr Tim Collins
Chris Grayling
Mr Mark Francois
Mr Phil Willis
Mr David Rendel

6

Page     8,     line     26,     leave out Part 3.

   

Dr Ian Gibson
Jim Dobbin
Mr John Grogan
Dr Brian Iddon
Jon Trickett
Dr Desmond Turner

Mr Dai HarvardGeraldine SmithLynne Jones
Mr Simon ThomasMr Robert N. WareingMr Kelvin Hopkins
Frank Cook

128

Page     8,     line     37,     leave out Clauses 22 to 27.

   

Mrs Anne Campbell
Peter Bradley
Dr Alan Whitehead
Mr Martin Salter
Valerie Davey

129

Page     8,     line     38     [Clause     22],     leave out from beginning to 'a' in line 40 and insert 'The Secretary of State must, when making any grant to a funding body under section 68 of the 1992 Act or section 7 of the 1994 Act, impose under subsection (1) of the section concerned'.

   

Mrs Anne Campbell
Mr John Grogan
Valerie Davey
Mr Harry Barnes

32

Page     8,     line     41     [Clause     22],     leave out '23' and insert '[condition by English funding bodies in relation to fees of prescribed amount]'.

 
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