HL Deb 23 June 1998 vol 591 cc193-6

65 Clause 19, page 15, line 12, at end insert— ("(9A) In subsection (4)(a) "the specified rate for low interest loans" means the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974 (exemption of certain consumer credit agreements by reference to the rate of the total charge for credit).").

66 Page 15, leave out lines 13 to 19.

67 After Clause 19, insert the following new clause—

TRANSFER OR DELEGATION OF FUNCTIONS RELATING TO STUDENT SUPPORT

(".—(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations under section 19 shall, to such extent as is specified in his determination, be exercisable instead by such body as is so specified which is either—

  1. (a) a local education authority for the purposes of the Education Act 1996, or
  2. (b) the governing body of an institution at which eligible students (within the meaning of such regulations) are attending courses.

(2) A body by whom any function is for the time being exercisable by virtue of subsection (1) shall comply with any directions given by the Secretary of State as to the exercise of that function.

(3) Where any function is so exercisable by a local education authority, the function shall be taken to be a function of that authority for the purposes of—

  1. (a) section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), and
  2. (b) section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities).

(4) 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 19 (including any such function in relation to appeals).

(5) Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

(6) The Secretary of State may make provision for enabling appeals—

  1. (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 (4) as he may determine, and
  2. (b) to be so made to a person or body appointed by him for the purpose.

(7) The Secretary of State may pay to any body or person by whom any function is exercisable by virtue of subsection (1) or (4)—

  1. (a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—
    1. (i) in making grants or loans under section 19, or
    2. (ii) by way of administrative expenses,
    in, or in connection with, the exercise of that function;
  2. (b) in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.

(8) Any payment under subsection (7)(a) may be made subject to such terms and conditions as the Secretary of State may determine; and any such conditions may in particular—

  1. (a) require the provision of returns or other information before any such payment is made;
  2. (b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

(9) The Secretary of State may pay to any person or body appointed by him under subsection (6) such remuneration or administrative expenses (or both) as he may determine.

(10) In relation to any function which, by virtue of subsection (1) or (4), 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.").

68 Insert the following new clause—

SUPPLY OF INFORMATION IN CONNECTION WITH STUDENT LOANS

(".—(1) This section applies to any information which is held—

  1. (a) by the Commissioners of Inland Revenue, or
  2. (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—

  1. (a) the Secretary of State or the Department of Education for Northern Ireland,
  2. (b) any person or body acting on behalf of the Secretary of State or that Department under the delegation of functions provisions, or
  3. (c) any authority or governing 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) shall not be supplied by the recipient to any other person or body unless it is supplied—

  1. (a) to a person or body to whom it could be supplied under that subsection, or
  2. (b) for the purposes of any civil or criminal proceedings arising out of the student loans scheme.

(4) Subsections (2) and (3) 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—

  1. (a) "the delegation of functions provisions" means section (Transfer or delegation of functions relating to student support)(4) of this Act or section 73ZA(3) of the Education (Scotland) Act 1980;
  2. (b) "the transfer of functions provisions" means section (Transfer or delegation of functions relating to student support)(1) of this Act or section 73ZA(1) of that Act; and
  3. (c) "the student loans scheme" means the provisions of—
    1. (i) regulations under section 19 of this Act so far as having effect in relation to loans under that section, or
    2. (ii) regulations under section 73(f) of that Act made with respect to loans;
and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.").

69 Clause 20, page 15, leave out lines 20 to 23 and insert—

("(1) Regulations may make provision—

  1. (a) for any function which is or may be conferred under or by virtue of a relevant enactment—
    1. (i) to transfer to, or otherwise be exercisable by, the designated person or body, or
    2. (ii) to be replaced by such function exercisable by the designated person or body as is specified in the regulations,
    to such extent as is so specified;
  2. (b) for any function exercisable by the designated person or body by virtue of paragraph (a)(i) to be exercisable in such modified form as is so specified;
  3. (c) for the transfer to the designated person or body of rights or liabilities arising under or by virtue of any relevant enactment;
  4. (d) for any such enactment to have effect with such modifications as are so specified;
  5. (e) imposing on persons or bodies of any description so specified requirements with respect to the transfer and preservation of records.

(1A) In this section "the designated person or body" means the Secretary of State or such other person or body as may be designated for the purpose by regulations under this section.").

70 Page 15, line 28, at end insert— ("so far as that enactment continues in force by virtue of any savings made, in connection with its repeal by this Act, by an order under section 32(4).").

71 Page 15, leave out lines 29 to 40.

Baroness Blackstone

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 65 to 71.

Moved, That the House do agree with the Commons in their Amendments Nos. 65 to 71.—(Baroness Blackstone.)

On Question, Motion agreed to.