Teaching and Higher Education Bill [Lords] — New arrangements for giving financial support to students — 8 Jun 1998

As amended (in the Standing Committee), considered.

I beg to move amendment No. 84, in page 8, leave out lines 14 to 18.

Mr. Deputy Speaker (Mr. Michael Lord):

With this, it will be convenient to discuss Government amendments Nos. 12, 13, 85, 96, 97, 14 to 33 and 99.

Amendment agreed to.

Amendments made: No. 12, in page 9, line 20, after 'incompetence', insert 'or on medical grounds,'.

No. 13, in page 9, line 21, leave out

'it is likely that they would have been so dismissed'

and insert

'their employers would have dismissed them, or considered dismissing them, on any such grounds'.

No. 85, in page 9, leave out lines 23 and 24.-- [Mr. Byers.]

I beg to move amendment No. 86, in page 11, line 17, at end insert--

'(ca) precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served;'.

Amendment agreed to.

Amendments made: No. 87, in page 11, line 24, leave out from 'decide' to end of line 27 and insert 'whether a person--

I beg to move amendment No. 3, in page 13, line 8, after 'appropriate', insert

'following consultation with the relevant institutions on the contents of any such reports, oral and written'.

It being one hour after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker, pursuant to the Order [19 May] and the Resolution [this day], put forthwith the Question already proposed from the Chair.

Amendment negatived.

Amendment made: No. 98, in page 14, line 25, after '(b);' insert--

of functions relating to student support ) (1) of the Teaching and Higher Education Act 1998; and

"the student loans scheme" means the provisions of--

(i) regulations under section 73(f) of this Act with respect to loans; or

(ii) regulations under section 22 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.".'.-- [Dr. Howells.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this, it will be convenient to discuss the following: Government new clause 6-- Transfer or delegation of functions relating to student support .

It being one hour and thirty minutes after the commencement of proceedings on consideration of the Bill , Mr. Deputy Speaker, pursuant to the Order [19 May] and the Resolution [this day], put forthwith the Question already proposed from the Chair .

Question put and agreed to .

Clause read a Second time, and added to the Bill .

(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 22 (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--

(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

(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)--

(a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person--

(i) in making grants or loans under section 22, or

(ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

(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--

(a) require the provision of returns or other information before any such payment is made;

(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.'.-- [Mr. Jamieson.]

Brought up, read the First and Second time, and added to the Bill.

(3) Information supplied under subsection (2) shall not be supplied by the recipient to any other person or body unless it is supplied--

(a) to a person or body to whom it could be supplied under that subsection, or

(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--

(a) "the delegation of functions provisions" means section ( Transfer or delegation of functions relating to student support ) (4) of this Act or section 73AA(3) of the Education (Scotland) Act 1980;

(b) "the transfer of functions provisions" means section ( Transfer or delegation of functions relating to student support ) (1) of this Act or section 73AA(1) of that Act; and

(c) "the student loans scheme" means the provisions of--

(i) regulations under section 22 of this Act so far as having effect in relation to loans under that section, or

(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.'.-- [Mr. Jamieson.]

Brought up, read the First and Second time, and added to the Bill.

I beg to move amendment No. 102, in page 15, line 12, at end insert--

'(1A) No regulations may be made under this section if their effect would be to disadvantage students by reason of their residence in one part of the United Kingdom as opposed to their residence in any other part.'.

Question put, That the amendment be made:--

The House divided: Ayes 172, Noes 300.

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