Joint Committee on Statutory Instruments Thirtieth Report


Memorandum by the Department for Education and Employment


  1. The Committee have requested a memorandum on the following point.

  Explain what provision, in section 22 of the 1998 Act, authorises the limit imposed by regulation 3(2) on the number of students eligible for support in each 12 month period.

  2. Section 22(1) of the Teaching and Higher Education Act 1998 states that : "Regulations shall make provision authorising or requiring the Secretary of State to make grants or loans". The Department takes the view that support may therefore be mandatory or discretionary and that regulations may confer on the Secretary of State a discretion to provide support by way of grants and loans to some students on a particular course, but not to all such students. The regulations may therefore authorise the Secretary of State to provide support to a specified number of eligible students at particular institutions designated for that purpose, the discretion to be exercised by reference to merit as set out in regulation 3(1)(c). Section 22(2)(a) of the 1998 Act provides that regulations may make provision for determining whether a person is an eligible student in relation to any grant or loan available and the limit on the number of students is imposed as a criterion of eligibility to receive support under the regulations.

1 November 1999

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