Further 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 in respect of the named institutions.
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 grant to some students at a particular
institution designated for that purpose, the discretion being
exercised by reference to merit as set out in regulation 3(1)(d).
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