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COMMONS AMENDMENTS

73

Clause 21, page 16, line 6, after ("that") insert (", in respect of the relevant academic year,").


74Page 16, line 10, leave out ("in relation to grants paid to") and insert ("or section 7(1) of the 1994 Act in relation to grants paid to one of the following bodies, namely").
75Page 16, line 11, leave out ("or").
76Page 16, line 12, at end insert ("or
(c) the Teacher Training Agency,
as the case may be,").
77Page 16, line 13, leave out ("Council") and insert ("body").
78Page 16, line 15, leave out ("the Council under section 65 of that Act") and insert ("that body under section 65 of the 1992 Act, or (as the case may be) section 5 of the 1994 Act,").
79Page 16, line 18, after ("that") insert (", in respect of the relevant academic year,").
80Page 16, line 24, leave out ("an") and insert ("the relevant").
81Page 16, line 32, after ("subsection") insert ("(2) or").
82Page 16, line 47, at end insert--
(""the 1992 Act" means the Further and Higher Education Act 1992;
"the 1994 Act" means the Education Act 1994;").

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83Page 16, line 49, leave out ("course or any") and insert ("or").
84Page 16, line 50, at end insert--
(""the relevant academic year", in relation to a course, means the academic year applicable to the course which begins at the same time as, or during, the period in respect of which the grants, loans or other payments to which the relevant condition under subsection (2) or (4) relates are made;").
85Page 17, leave out lines 5 to 7 and insert--
("(9A) Where--
(a) a condition is imposed under subsection (2) or (4) in connection with any grants, loans or other payments made to the governing body of a relevant institution, and
(b) those payments are to any extent so made in respect of persons attending a course which is provided in whole or part by any other institution,
then, for the purposes of this section, fees payable by such persons to the other institution shall be regarded as fees payable by them to the relevant institution.").
86Page 17, line 8, after ("Act") insert ("or the 1994 Act").
87Page 17, line 10, after ("(3)") insert ("or the Teacher Training Agency").
88Page 17, line 15, at end insert ("or that Agency").
89clause 23, page 17, line 38, leave out from ("payable") to end of line 40 and insert ("to an institution for awarding or accrediting any qualification where the institution does not provide the whole or part of the course and is not a publicly-funded institution,").


90Page 17, line 41, at end insert--
("(ba) fees payable for field trips (including any tuition element of such fees),").
91Page 18, line 2, after ("grants") insert (", loans or other payments").

COMMONS AMENDMENTS

92Page 18, leave out line 29.
93Page 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).

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


95Page 19, leave out lines 1 to 14.


96Page 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.").
97Page 19, line 18, leave out ("under section 73(1)(f) of this Act") and insert ("by virtue of such regulations").


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


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


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


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


102Page 19, line 42, 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--

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(i) interest (applied to such amounts at a rate calculated otherwise than in accordance with subsections (3C) and (4) 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).").
103Page 19, line 49, leave out ("under section 73(1)(f) of this Act or under this section") and insert ("to which this section applies").


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


105Page 20, line 4, at end insert--
("(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.").
106Page 20, line 4, at end insert--
("(3A) In subsection (3) above--
(a) "employers" means persons who make payments of, or on account of, income assessable to income tax under Schedule E, and
(b) "the Taxes Acts" has the same meaning as in the Taxes Management Act 1970.").
107Page 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.").
108Page 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").
109Page 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.").
110Page 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--
(a) during such periods as may be prescribed from time to time, or
(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.").
111Page 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).").

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112Page 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.").
113Page 20, line 17, leave out ("73(1)(f)") and insert ("73(f)").


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