Office of Public Sector Information
PART III continued
(1)The Secretary of State may by regulations make such transitional provision and savings in connection with the repeal by the Teaching and Higher Education Act 1998 of the M1Education (Student Loans) Act 1990 (“the 1990 Act”) as he considers necessary or expedient including—
(a)provision for any function which has been conferred under or by virtue of the 1990 Act to transfer to, or otherwise become exercisable by—
(i)the Secretary of State, or
(ii)such other person or body as may be prescribed,
to such extent as may be prescribed; and
(b)provision for the transfer to the Secretary of State or any such other person or body of rights or liabilities arising under or by virtue of the 1990 Act.
(2)Regulations made by virtue of paragraphs (a) and (b) of subsection (1) above may, in particular, provide for—
(a)any such function to be exercisable in pursuance of such regulations in such modified form as may be prescribed;
(b)the 1990 Act to have effect with such modifications as may be prescribed.
F1Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
M11990 c. 6.
(1)This section applies to allowances payable by virtue of section 73(f) of this Act in respect of the fees charged in connection with F2. . ..
(2)The Secretary of State may by order made by statutory instrument determine the maximum amount payable in any academic year of allowances to which this section applies in respect of such courses or classes of courses of higher education as may be so determined and, subject to subsection (3) below, a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Where the Secretary of State has determined a maximum amount under subsection (2) above, he shall not make a further determination increasing that maximum amount under that subsection unless—
(a)he is satisfied that the increase is no greater than is required to maintain the allowance’s value in real terms; or
(b)a draft of the order containing the further determination has been laid before, and approved by a resolution of, each House of Parliament.
(4)For the purposes of subsection (3)(a) above the Secretary of State shall have regard to such retail prices index as appears to him to be appropriate.
(5)In subsection (2) above, “courses of higher education” means courses of higher education falling within section 38 of the M1Further and Higher Education (Scotland) Act 1992.]
F1Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
F2Words in s. 73D(1) repealed (3.5.2001) by 2001 asp 6, ss. 3(4), 5(2)
M11992 c. 37.
(1)This section applies to any information which is held—
(a)by the Commissioners of Inland Revenue, or
(b)by a person providing services to those Commissioners and in connection with the provision of those services.
(2)Information to which this section applies may be supplied to—
(a)the Secretary of State or the Department of Education for Northern Ireland,
(b)any person or body acting on behalf of the Secretary of State or that Department under the delegation of functions provisions, or
(c)any person or body by whom any function of the Secretary of State or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,
for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.
(3)Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless it is supplied—
(a)to a person or body to whom it could have been supplied under that subsection, or
(b)for the purposes of any civil or criminal proceedings arising out of the student loans scheme.
(4)Subsections (2) and (3) above extend only to the supply of information by or under the authority of the Commissioners of Inland Revenue.
(5)This section does not limit the circumstances in which information may be supplied apart from this section.
(6)In this section—
(a)“the delegation of functions provisions” means section 73A(3) of this Act or section 23(4) of the Teaching and Higher Education Act 1998;
(b)“the transfer of functions provisions” means section 73A(1) of this Act or section 23(1) of the Teaching and Higher Education Act 1998; and
(c)“the student loans scheme” means the provisions of—
(i)regulations under section 73(f) of this Act with respect to loans; or
(ii)regulations under section 22 of the Teaching and Higher Education Act 1998 so far as having effect in relation to loans under that section;
and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.]
F1S. 73E inserted (16.7.1998) by 1998 c. 30, ss. 30, 46(3)(with s. 42(8))
(1)The Secretary of State may by regulations make provision that any payment which he is required or authorised to make by or under this Act, except section 76 of this Act, shall be subject to such conditions as may be prescribed in [F1or determined by him under] the regulations, and that education authorities and other persons to whom such payments have been made shall comply with such requirements as may be specified in [F2or determined by him under] the regulations.
(2)Where the Secretary of State is satisfied that the persons to whom any grant is payable under this Act are, by reason of the provisions of any trust deed or other instrument, unable to fulfil any condition or comply with any requirement imposed under this section, he may, after consultation with them, by order make such modifications of the said provisions as may be necessary for the purpose of enabling the said persons to fulfil that condition or comply with that requirement; and any such trust deed or other instrument shall, during such period as may be specified in the order, have effect subject to any modifications so made.
F1Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(17)(a)
F2Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(17)(b)
Save as may be otherwise prescribed, it shall be a condition of the payment by the Secretary of State of a grant to the managers of a school or other educational establishment not under the management of an education authority or to other persons providing educational services approved by the Secretary of State that the accounts of the income and expenditure of such managers or persons in respect of such school, educational establishment or service shall be set out according to a form prescribed by the Secretary of State and shall together with the relative vouchers and other documents be submitted for examination to the Secretary of State.
C1S. 75 excluded (29.4.1993) by S.I. 1993/974, reg. 4(7)
(1)[F2The Secretary of State shall, subject to subsections (1A) and (1B) below,] operate a scheme whereby—
(a)participating schools remit fees that would otherwise be chargeable in respect of pupils admitted to assisted places under the scheme; and
(b)the Secretary of State reimburses the schools for the fees that are remitted.
[ F3(1A)The Secretary of State shall operate a scheme such as is described in subsection (1) above only in relation to any pupil admitted to an assisted place under such a scheme prior to the beginning of the first term of the 1997-98 school year where the pupil will be in attendance at the school concerned—
(a)at the beginning of that term; or
(b)after the beginning of that term but before the end of that school year, and where it appears to the Secretary of State that it is reasonable, in view of any particular circumstances relating to that pupil, that he should be permitted to take advantage of that place after the beginning of that term,
and, for the purposes of this section, “1997-98 school year” means the period of twelve months beginning on 1st August 1997.
(1B)A pupil holding an assisted place who is receiving primary education during the 1997-98 school year shall cease to hold that place—
(a)at the end of the school year in which he completes his primary education; or
(b)if the Secretary of State, where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to that pupil, decides that he should continue to hold that place for a further period during which he receives secondary education, at the end of that period.]
[ F4(2)In this section references to a participating school are references to any grant-aided or independent school providing secondary education which the Secretary of State has determined, prior to the coming into force of this subsection, to be a participating school for the purposes of the scheme.]
(3)A determination under subsection (2) above—
(a)shall state the maximum annual amount allocated by the Secretary of State to the school under the scheme including the maximum annual amount so allocated for the purposes of section 75B of this Act; and
(b)may contain such conditions as the Secretary of State thinks fit in addition to those prescribed under subsection (9) below.
[ F5(4)The Secretary of State may alter—
(a)the maximum annual amount referred to in subsection (3)(a) above; or
(b)the conditions referred to in subsection (3)(b) above,
by written notification to the school concerned.]
(5)A participating school shall comply with any conditions contained in a determination under subsection (2) above and with any condition or obligation prescribed under subsection (9) below.
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)The fees in relation to which the scheme is to have effect shall be—
(a)tuition and other fees the payment of which is a condition of attendance at a participating school but excluding—
(i)boarding fees; and
(ii)such other charges, if any, as may be prescribed by regulations; and
(b)entrance fees for public examinations paid by a participating school in respect of candidates from the school.
(8)If the Secretary of State is of the opinion that any fee which falls to be remitted in whole or in part under a scheme established and operated under this section is excessive, he may substitute for such fee such other amount as he considers appropriate.
(9)The Secretary of State shall by regulations prescribe—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the conditions subject to which, the extent to which, and the arrangements in accordance with which, fees are to be remitted by participating schools;
(d)the time and manner in which participating schools are to claim and receive reimbursements from the Secretary of State;
(e)conditions to be complied with by participating schools with respect to F8. . . the fees to be charged, the keeping and auditing of accounts and the furnishing of information to the Secretary of State; and
(f)such other matters as appear to him to be requisite for the purposes of the scheme.
[ F9(9A)Regulations under this section may—
(a)provide for the discharge of any future liabilities of the Secretary of State to make reimbursements of fees by way of lump sum payments; F10. . .
(b)provide for the Secretary of State, in a case where a participating school—
(i)merges with another school;
(ii)closes (whether wholly or in part); or
(iii)notifies the Secretary of State that it no longer wishes to provide assisted places,
to authorise the new school or, as the case may be, any other participating school to provide any assisted places which the participating school first mentioned was authorised to provide; and a new school authorised to provide assisted places under regulations made under this section shall be treated for the purposes of this section and section 75B of this Act as if a determination had been made in respect of it under subsection (2) above [F11;and
(c)provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.]
(9B)Without prejudice to his duty to operate a scheme under subsection (1) above in respect of pupils such as are mentioned in subsection (1A) above, the Secretary of State may by regulations make such provision as he considers necessary for or in relation to the ending of the scheme.
(9C)Regulations made under this section or section 75B of this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.]
(10)Regulations under subsection (9) above may authorise the Secretary of State to make provision for any purpose specified in the regulations.
(11)Before making regulations under subsection (9) above the Secretary of State shall consult such bodies as appear to him to be appropriate and to be representative of participating schools.
(12)Regulations made under subsection (9)(c) above shall be reviewed by the Secretary of State in consultation with such bodies as appear to him to be appropriate and to be representative of participating schools—
(a)not later than two years after the date on which the first such regulations are made; and
(b)thereafter at intervals not exceeding two years.
(13)Except where the context otherwise requires, references in this section and section 75B of this Act to a school include references to the proprietors and managers of the school; and references in this section to an independent school are references to an independent school which is—
(a)a registered school; and
(b)conducted only for charitable purposes within the meaning of section 122(1) of this Act.
F1Ss. 75A, 75B inserted by Education (Scotland) Act 1981 (c. 58), s. 5(1)
F2Words in s. 75A(1) substituted (31.7.1997) by 1997 c. 59, s. 5(1)(a) (with s. 1(3)).
F3S. 75A(1A)(1B) inserted (31.7.1997) by 1997 c. 59, s. 5(1)(b) (with s. 1(3)).
F4S. 75A(2) substituted (31.7.1997) by 1997 c. 59, ss. 5(1)(c), 7(3) (with s. 1(3)).
F5S. 75A(4) substituted (31.7.1997) by 1997 c. 59, ss. 5(1)(d), 7(3) (with s. 1(3)).
F6S. 75A(6) repealed (1.12.1997) by 1997 c. 59, ss. 5(2)(a), 6(3), Sch. Pt. II (with s. 1(3)); S.I. 1997/2774, art. 2.
F7S. 75A(9)(a)(b) repealed (1.12.1997) by 1997 c. 59, ss. 5(2)(a), 6(3), Sch. Pt. II (with s. 1(3)); S.I. 1997/2774, art. 2.
F8Words in s. 75A(9)(e) repealed (1.12.1997) by 1997 c. 59, ss. 5(2)(a), 6(3), Sch. Pt. II (with s. 1(3)); S.I. 1997/2774, art. 2.
F9S. 75A(9A)-(9C) inserted (31.7.1997) by 1997 c. 59, ss. 5(1)(e), 7(3) (with s. 1(3)).
F10S. 75A: Word immediately preceding para. (b) in subsection (9A) omitted (24.7.1998) by virtue of 1998 c. 31, s. 130(2)(a) (with ss. 138(9), 144(6)) and repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F11S. 75A(9A)(c) and word immediately preceding it inserted (24.7.1998) by 1998 c. 31, s. 130(2)(b) (with ss. 138(9), 144(6)).
(1)The Secretary of State may by regulations require or enable or make provision for requiring or enabling any school participating in the scheme referred to in section 75A of this Act to make grants in respect of such expenses, including such travelling expenses, and to remit such charges, as may be specified in the regulations and to make such provision of meals or other refreshment or of facilities for the consumption of meals or other refreshment and such provision of clothing as the school making the provision considers appropriate, being expenses, charges or provision in respect of matters incidental to or arising out of the attendance at the school of pupils holding assisted places under the scheme.
(2)Regulations made under this section may require or enable or make provision for requiring or enabling any school providing meals or other refreshment under subsection (1) above to make such charges as it thinks fit for any such meal or other refreshment except where it is provided by virtue of subsection (4) below.
(3)Regulations under this section shall provide that, within the maximum amount stated under section 75A(3) of this Act, any amounts granted or remitted by a school and expenditure incurred by them by or under the regulations shall be reimbursed to the school by the Secretary of State.
(4)The Secretary of State shall exercise his power to make regulations under this section so as to ensure that, in relation to any pupil whose parents are in receipt of supplementary benefit or family income supplement, such provision is made for that pupil in the middle of the day as appears to the school to be requisite.
(5)Regulations under this section may in particular prescribe—
(a)the conditions subject to which, the extent to which, and the arrangements in accordance with which, grants and remissions are to be made and meals, other refreshment, facilities for the consumption thereof and clothing are to be provided;
(b)whether a charge is to be remitted in whole or in such part as may be prescribed in the regulations;
(c)the time and manner in which schools are to claim and receive reimbursement from the Secretary of State.
(6)Regulations under this section may authorise the Secretary of State to make provision for any purpose specified in the regulations.]
(1)The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.
(2)In this section “industrial scholarships” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appears to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.
(3)In subsection (2) above the reference to a full-time course includes a reference to a course consisting of alternate periods of—
(a)full-time study in the university, college or institution in question; and
(b)associated industrial, professional or commercial experience;
and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 77 repealed (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch.10; S.I. 1992/817, art. 3(2), Sch.1
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F1S. 78 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 118(4), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2.
Every education authority shall be at liberty to accept any bequest or gift of property or funds for behoof of any school or other educational establishment under their management, whether generally or for the promotion of any particular branch or branches of education or instruction, or for increasing the income of any teacher, and it shall be the duty of the authority to administer such property, funds or money according to the wishes and intentions of the donors, and in such manner as to raise the standard of education and otherwise increase the educational efficiency of the school or other educational establishment intended to be benefitted.
(1)Where property or money has been or shall be vested in any persons as trustees for behoof of a public school or other educational establishment under the management of an education authority, or for the promotion of any branch of education in such school or educational establishment, or to increase the income of any teacher therein, the free income of such property or money shall be accounted for and paid to the education authority, and shall be applied and administered by the education authority according to the trusts attaching thereto.
(2)It shall be lawful for the education authority, with the approval of the Secretary of State, to vary or depart from the said trusts, with a view to increasing the efficiency of the school or educational establishment by raising the standard of education therein or by other means.
The amount of every property or fund held by an education authority on a separate trust shall be kept separate.
Every education authority shall make such reports and returns and give such information to the Secretary of State as he may from time to time require.
Every registrar of births, deaths, and marriages shall make to an education authority on a form to be provided by the authority such returns of particulars with regard to the births and deaths of children registered by him as may be required by the authority with the approval of the Registrar-General of Births, Deaths and Marriages in Scotland.
(1)Where the age of any person is required to be ascertained or proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar of births, deaths and marriages having the custody of the register of births containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be prescribed and upon payment of a fee of [F1£8.50], supply that person with a copy of the entry certified under his hand.
(2)Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this section.
F1S. 84(1): fee of £ 8.50 payable (in place of amount previously prescribed) (1.10.2002) by virtue of S.S.I. 2002/389, art. 2, Sch.
Where in any proceedings under this Act the prosecutor alleges that any person whose age is material to the proceedings is under, of, or over, any age, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.
Education (Scotland) Act 1980