§ 73AA.—(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made under section 73(f) of this Act shall, to such extent as is specified in his determination, be exercisable instead by such body or person as is so specified.
§ (2) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) above shall comply with any direction given by the Secretary of State as to the exercise of that function.
§ (3) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 73(f) of this Act (including any such functions as to appeals).
§ (4) Any arrangements made under subsection (3) above shall not prevent the Secretary of State from exercising the function in question himself.840
§ (5) The Secretary of State may make provision for enabling appeals—
- (a) to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (3) above as he may determine; and
- (b) to be so made to a person or body appointed by him for that purpose.
§ (6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (1) or (3) above—
- (a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body—
- (i) in making grants or loans by virtue of regulations under section 73(f) of this Act, or
- (ii) by way of administrative expenses,
in, or in connection with, the exercise of that function;
- (b) in the case of any such person, or of any body with which the Secretary of State has made arrangements under subsection (3) above, such remuneration as he may determine.
§ (7) Any payment under subsection (6)(a) above may be made subject to such terms and conditions (including conditions as to repayment) as the Secretary of State may determine.
§ (8) The Secretary of State may pay to any person or body appointed by him under subsection (5) such remuneration or administrative expenses (or both) as he may determine.
§ (9) In relation to any function which, by virtue of subsection (1) or (3) above is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.'.
§ No. 42, in page 22, line 3, leave out '73(1)' and insert '73'.
§ No. 43, in page 22, line 17, leave out 'any government department'.
§ No. 44, in page 22, line 25, leave out 'remuneration' and insert 'emoluments'.
§ No. 45, in page 22, line 40, at end insert—
§ (ca) requiring the payment by persons or bodies to whom the requirements imposed in pursuance of paragraphs (a) to (c) above apply, of—
- (i) penalties in cases of non-compliance with, or otherwise framed by reference to, such requirements, and
- (ii) interest in respect of periods when such penalties are due but unpaid;
§ (cb) requiring the payment by borrowers, in respect of periods when amounts due under their loans are unpaid, of—
- (i) interest (applied to such amounts at a rate calculated otherwise than in accordance with subsections (6) and (7) below), or
- (ii) both such interest and one or more surcharges (together with further interest in respect of periods when such surcharges are due but unpaid).'.
No. 46, in page 22, line 47, leave out
'under section 73(I)(f) of this Act or under this section'
'to which this section applies'.
§ No. 47, in page 22, line 49, leave out 'Income Tax' and insert 'Taxes'.
§ No. 48, in page 23, line 2, at end insert— 841
- '(f) determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) above and deductions falling to be made from emoluments payable to borrowers by virtue of other enactments (whenever passed);
- (g) modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to income (however defined), of amounts due from or payable to such persons under loans granted by virtue of regulations to which this section applies.'.
No. 49, in page 23, line 5, at end insert
'and "the Taxes Acts" has the same meaning as in the Taxes Management Act 1970'.
No. 50, in page 23, line 42, at end insert—
'(10A) Regulations to which this section applies may make provision for appeals with respect to matters arising under such regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with such appeals).'.
No. 51, in page 23, line 42, at end insert—
'(10B) Regulations to which this section applies may, in relation to a borrower's discharge under or by virtue of section 54 of the Bankruptcy (Scotland) Act 1985 or on an order being made under paragraph 11 of Schedule 4 to that Act, make provision for the treatment of any debt or liability to which a borrower is, or may become, subject in respect of sums received, or which he is entitled to receive, after the date of his sequestration.'.
§ No. 52, in page 23, line 44, leave out '73(1)(f)' and insert '73(f)'.
§ No. 53, in page 24, line 25, leave out '73(1)(f)'' and insert '73(f)'.—[Mr. Jamieson.]