HC Deb 17 September 2003 vol 410 cc791-3W
Miss McIntosh

To ask the Secretary of State for Education and Skills under what powers a county council may keep a person's P45 details on file after they have been used as part of a student loan application; and for what length of time such details may be kept. [129628]

Alan Johnson

The basis for the county council processing the P45 derives from s. 22(2)(a) of the Teaching and Higher Education Act 1998, and the

Learners on 1 November 2002 by area of learning
Area of Learning AMA FMA
Science and Mathematics 0.2 0.1
Visual and Performing Arts and Media 0.7 0.2
Unspecified area of learning 0.9 0.8
Total 113.3 120.8


Individualised Learner Record 2002/03

Success rates by area of learning for those who left a modern apprenticeship in 2001/02 were published on 24 July, 2003 by the LSC in the Statistical First Release ISR/SFR25. These are shown in the following table.

relevant provision of the applicable Student Support Regulations (e.g. reg 6(3) of the Education (Student Support) (No. 2) Regulations 2002 which states: An applicant shall demonstrate his eligibility for support by providing such evidence as the Secretary of State may require.")

The basis for keeping a person's P45 details on file is firstly that this is a National Audit Office requirement and as such the NAO is entitled to audit the assessment and payment of loans and can request supporting documentation relating to main ledger financial transactions for a period of up to six years after after the end of the financial year in which the transaction took place. Secondly, the Limitation Act 1980, which applies to proceedings by and against the Crown, and has the effect that proceedings to recover money must be instituted within six years of the money becoming due. Evidence used for the assessment is therefore required to be retained to support or defend any such action.

1. The four main acts of parliament from which the Comptroller and Auditor General and the NAO derive their authority are:

  1. (a)The Government Resources and Accounts Act 2000
  2. (b)National Audit Act 1983
  3. (c)Exchequer and Audit Departments Act 1921
  4. (d)Exchequer and Audit Departments Act 1866