Joint Committee on Statutory Instruments First Report


Memorandum from the Department for Education and Skills


1. This instrument, which was made on 6th August 2002 and laid before Parliament on 9th August 2002, constitutes the first exercise of the enabling power, section 186 of the Education Act 2002. This Act received Royal Assent on 24th July 2002 and section 186 came into force on Royal Assent by virtue of section 216.

2. The purpose of this instrument is to implement a scheme to repay the student loans of certain teachers over a certain period. The scheme aims to encourage persons to become and to remain teachers. The Department initially considered whether this instrument could be made under the existing legislative provisions covering student loans, namely section 22 of the Teaching and Higher Education Act 1998 and section 1 of the Education (Student Loans) Act 1990. However, the Department considered that using these powers to make regulations to implement a scheme which aimed to increase the recruitment and retention of teachers would be to use those powers for an improper purpose (Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997). Accordingly, the Department introduced the specific powers under which this instrument has been made.

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