HL Deb 23 June 1998 vol 591 cc198-202

92 Page 18, leave out line 29.

93 Page 18, line 31, leave out from ("loans"") to end of line 42 and insert— ("( ) After that section there shall be inserted—

"Transfer or delegation of functions relating to student support.

73ZA.—(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.

(5) 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 (3) above as he may determine; and
  2. (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—

  1. (a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body—
    1. (i) in making grants or loans by virtue of regulations under section 73(f) of this Act, or
    2. (ii) by way of administrative expenses,
    in, or in connection with, the exercise of that function;
  2. (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.").

94 Page 18, line 44, leave out ("73(1)") and insert ("73").

95 Page 19, leave out lines 1 to 14.

96 Page 19, line 14, at end insert— ("(2A) Regulations to which this section applies may make provision requiring such amounts as may be prescribed, payable under loans granted by virtue of such regulations, to be paid directly to institutions providing courses of education who have previously made payments of any prescribed description to persons attending such courses to whom such loans may be granted.").

97 Page 19, line 18, leave out ("under section 73(1)(f) of this Act") and insert ("by virtue of such regulations").

98 Page 19, line 20, leave out ("any government department").

99 Page 19, line 28, leave out ("remuneration") and insert ("emoluments").

100 Page 19, line 34, after ("employers") insert (", or such other persons or bodies as may be prescribed,").

101 Page 19, line 40, after ("the") insert ("keeping and").

102 Page 19, line 42, at end insert—

103 Page 19, line 49, leave out ("under section 73(1)(f) of this Act or under this section") and insert ("to which this section applies").

104 Page 20, line 2, leave out ("Income Tax") and insert ("Taxes").

105 Page 20, line 4, at end insert—

106 Page 20, line 4, at end insert— ("(3A) In subsection (3) above—

  1. (a) "employers" means persons who make payments of, or on account of, income assessable to income tax under Schedule E, and
  2. (b) "the Taxes Acts" has the same meaning as in the Taxes Management Act 1970.").

107 Page 20, line 4, at end insert— ("(3B) Regulations to which this section applies may make provision for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time.").

108 Page 20, line 5, leave out ("(4) Regulations") and insert— ("(3C) A rate of interest, prescribed by regulations to which this section applies, to be borne by loans shall at no time exceed 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). (4) Subject to subsection (3C) above, regulations").

109 Page 20, line 15, at end insert— ("(5A) Regulations to which this section applies may prescribe requirements or other provisions which add to or otherwise modify, during the currency of a loan, requirements or other provisions (whether as to repayment or otherwise) which apply in relation to loans granted by virtue of such regulations.").

110 Page 20, line 15, at end insert— ("(5B) Regulations to which this section applies may make provision for a borrower not to be liable to make any repayment in respect of a loan—

  1. (a) during such periods as may be prescribed from time to time, or
  2. (b) in such circumstances as may be prescribed,
including provision for the cancellation of any further such liability of the borrower in any such circumstances.").

111 Page 20, line 15, at end insert— ("(5C) 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).").

112 Page 20, line 15, at end insert— ("(5D) 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.").

113 Page 20, line 17, leave out ("73(1)(f)") and insert ("73(f)").

114 Page 20, line 17, at end insert—

("Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

73AA.—(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 Education (Student Loans) Act 1990 ("the 1990 Act") as he considers necessary or expedient including—

  1. (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—
    1. (i) the Secretary of State; or
    2. (ii) such other person or body as may be prescribed,
    to such extent as may be prescribed; and
  2. (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—

  1. (a) any such function to be exercisable in pursuance of such regulations in such modified form as may be prescribed;
  2. (b) the 1990 Act to have effect with such modifications as may be prescribed.").

115 Page 20, line 19, leave out ("under") and insert ("by virtue of").

116 Page 20, line 19, leave out ("73(1)(f)") and insert ("73(f)").

117 Page 20, line 20, leave out ("respect of") and insert ("connection with").

118 After Clause 24, insert the following new clause—

SUPPLY OF INFORMATION IN CONNECTION WITH STUDENT LOANS: SCOTLAND

(". After section 73B of the Education (Scotland) Act 1980 there shall be inserted the following section—

"Supply of information in connection with student loans.

73C.—(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 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—

  1. (a) to a person or body to whom it could have been 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) 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— the delegation of functions provisions" means section 73ZA(3) of this Act or section (Transfer or delegation of functions relating to student support) (4) of the Teaching and Higher Education Act 1998; the transfer of functions provisions" means section 73ZA(1) of this Act or section (Transfer or delegation of functions relating to student support)(1) of the Teaching and Higher Education Act 1998; and the student loans scheme" means the provisions of—

  1. (i) regulations under section 73(f) of this Act with respect to loans; or
  2. (ii) regulations under section 19 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."").

119 Clause 25, page 21, line 11, leave out ("may") and insert ("shall").

120 Page 21, line 19, at end insert— ("(2BB) No condition under subsection (2B) above shall apply in relation to any fees which are payable, in accordance with regulations under section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section (persons connected with the United Kingdom etc.).").

121 Page 21, line 45, leave out ("respect of") and insert ("connection with").

122 Page 22, line 27, after ("under") insert ("subsection (1) above by virtue of").

Baroness Blackstone

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 73 to 122.

Moved, That the House do agree with the Commons in their Amendments Nos. 73 to 122.—(Baroness Blackstone.)

On Question, Motion agreed to.