Statutory Instrument 1990 No. 1555

The Education (Further and Higher Education Institutions Access Funds) Regulations 1990

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© Crown Copyright 1990

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1990 No. 1555

EDUCATION, ENGLAND AND WALES

The Education (Further and Higher Education Institutions Access Funds) Regulations 1990

In exercise of the powers conferred by section 100(1)(b) and (3) of the Education Act 1944^[1], the Secretary of State for Education and Science, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Education (Further and Higher Education Institutions Access Funds) Regulations 1990 and shall come into force on 1st September 1990.

Interpretation
    2.    In these Regulations—
"access funds" means any funds paid by the Secretary of State under Regulation 3; and
an "institution" means—
 (a) any institution mentioned in the Schedule hereto; or
 (b) any institution which—
 (i) provides full-time courses of further or higher education (or both); and
 (ii) is maintained by a local education authority or designated by or under regulations made under section 218 of the Education Reform Act 1988^[2] as an institution substantially dependent for its maintenance on assistance from local education authorities.

Payments
    3.—(1)  The Secretary of State may make payments of grant to the governing body of any institution in respect of expenditure incurred or to be incurred by the governing body in providing financial assistance to students to whom educational services are provided by the institution.

    (2)  Payments under this regulation shall be made at such times and in such instalments as the Secretary of State considers appropriate.

Conditions
    4.    Payment of access funds shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.

Requirements to be observed
    5.    The governing body of any institution to whom access funds are paid under these Regulations shall—
 (a) keep such records and accounts and furnish to the Secretary of State such information, returns and accounts relating to receipts and disbursements of access funds as the Secretary of State may require;
 (b) make such repayments of access funds not expended for the purposes of these Regulations as the Secretary of State may require;
 (c) provide financial assistance from access funds only to such classes or categories of students as the Secretary of State may specify;
 (d) comply with such other requirements as may be specified by the Secretary of State.

[1] 1944 c. 31; section 100(1)(b) was amended by section 213(3) of the Education Reform Act 1988 (c. 40). back

[2] 1988 c. 40; the regulations currently in force are the Education (Schools and Further and Higher Education) Regulations 1989 (S.I. 1989/351). back

Explanatory Note