Education (Student Loans) Act 1990 (repealed 13.8.1998)

SCHEDULES

Section 1(3).

SCHEDULE 1 E+W+S Courses of Higher Education

1 A first degree course.

2 A course for the further training of teachers or youth and community workers.

3 A course for the Diploma of Higher Education.

4 A course for the Higher National Diploma or Higher National Certificate of—

(a) the Business & Technician Education Council; or

(b) the Scottish Vocational Education Council.

5 A course for the initial training of teachers for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the M1 Education Act 1962.

Marginal Citations

M1 1962 c. 12.

6 A course in preparation for a professional examination of a standard higher than that of—

(a) examinations at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b) the examination for the National Certificate or the National Diploma of either of the Councils mentioned in paragraph 4 above,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

7 A course providing education (whether or not in preparation for an examination) the standard of which is—

(a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 6(a) or (b) above; but

(b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

Section 1(5).

SCHEDULE 2 U.K. Loans for Students

Modifications etc. (not altering text)

C1 Sch. 2 amended(prosp.) by 1998 c. 29, ss. 74(1), 75(2)(3), Sch. 15 para.10

Principal, interest and payments E+W+S

1 (1) Regulations made by the Secretary of State shall—

(a) prescribe the maximum amount of the [F1 public sector student] loan that may be made to a student in any year;

(b) make provision as to the time and manner in which repayments of [F1 public sector student]loans are to be made; and

(c) make provision for the deferment or cancellation of a borrower’s liability in respect of a [F1 public sector student] loan.

(2) The maximum amount prescribed under sub-paragraph (1)(a) above for the loan to be made to a student in any year shall not exceed—

(a) the amount specified as the ordinary maintenance requirement for students of the class or description to which he belongs by regulations having effect for that year under section 1(1) of the M2 Education Act 1962 (mandatory awards); or

(b) if no such amount is specified for students of the class or description to which he belongs, such amount as the Secretary of State considers appropriate for students of that class or description having regard to the amount specified as mentioned in paragraph (a) above;

but regulations, other than the first, made under sub-paragraph (1)(a) above may prescribe a higher maximum if a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

(3) Regulations under sub-paragraph (1)(b) above shall make such separate provision as the Secretary of State considers appropriate with respect to the repayment of loans by borrowers who are disabled.

(4) [F2 Public sector student loans] shall bear interest at such rates as may from time to time be prescribed by regulations made by the Secretary of State but so that—

(a) the interest (which shall accrue from day to day) shall be added to the outstanding amount of a loan; and

(b) the rates shall be such as appear to the Secretary of State to be requisite for maintaining the value of that amount in real terms.

(5) For the purposes of sub-paragraph (4)(b) above the Secretary of State shall have regard to the retail prices index published by the Central Statistical Office of the Chancellor of the Exchequer, any substituted index or index figures published by that Office or such other index as appears to him to be appropriate.

Textual Amendments

F1 Words in Sch. 2 para. 1(1) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(2)(a)

F2 Words in Sch. 2 para. 1(4) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(2)(b)

Marginal Citations

M2 1962 c. 12.

Certificates etc. U.K.

2 (1) The Secretary of State may by regulations require the governing bodies of institutions at which eligible students are attending courses to take such steps (whether by the issue of certificates or otherwise) as may be prescribed by the regulations for the purposes of, or in connection with, applications by those students for [F3 public sector student loans or subsidised private sector student loans,] including the provision of information when a person ceases to be an eligible student.

[F4 (1A) Regulations under sub-paragraph (1) above may include provision for the making of payments to governing bodies in respect of the taking by them of steps prescribed by the regulations.]

(2) For the purposes of this paragraph the governing body, in relation to a university, means the body responsible for the management and administration of its revenue and property and the conduct of its affairs, in relation to

[F5 (a) an educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible, the education authority;

(b) a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 which is managed by a board of management established under Part I of that Act, the board of management.]

Extent Information

E1 Sch. 2 para. 2: in so far as it relates to institutions in Northern Ireland, the power to make regulations under this paragraph does not extend to Northern Ireland see s. 4(4)

Textual Amendments

F3 Words in Sch. 2 para. 2(1) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(3)(a)

F4 Sch. 2 para. 2(1A) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(3)(b)

F5 Sch. 2 para. 2(2)(a)(b) substituted for words (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 12(3); S.I. 1992/817, art. 3(2), Sch. 4

[F6 Public sector student loans: administration] E+W+S

Textual Amendments

F6 Cross heading immediately preceding Sch. 2 para. 3 substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(e) and (1.3.1998) by virtue of 1998 c. 1, s. 3(1) (with s. 3(4)(5)); S.I. 1998/210, art.2

X1 3 (1) [F7 Arrangements made under section 1(1) of this Act may provide for public sector student] loans to be made and recovered, and other functions in relation [F7 to such loans] to be discharged, by such person or persons as may agree to do so or by one or more bodies constituted or acquired by the Secretary of State for that purpose.

(2) The Secretary of State shall provide any person or body having the function of making [F8 such loans under those] arrangements with the funds necessary for making the loans; and any such person or body shall make such periodical repayments to him in respect of those funds as he may require.

(3) Arrangements made by virtue of this paragraph may include provision for defraying the administrative expenses incurred by the person or body in question in discharging the functions to which the arrangements relate and for remunerating that person or body for discharging them.

(4) Regulations made under paragraph 1(1)(b) or (c) above may confer functions on any such person or body as is mentioned in sub-paragraph (1) above, including power to exercise a discretion in relation to any matter for which the regulations provide.

(5) Any arrangements made by virtue of this paragraph shall provide for the appointment of an independent person approved by the Secretary of State with the function of investigating and reporting on disputes between [F9 persons borrowing or intending to borrow by way of public sector student loans]and any person or body having the function of making [F10 such]loans under the arrangements.

(6) Any person or body having the function of making [F11 public sector student]loans by virtue of this paragraph shall make to the Secretary of State such periodical reports as he may require with respect to the working of the arrangements under which the loans are made.

(7) Any person or body having the function of recovering [F12 public sector student]loans [F13 by virtue of this paragraph] may, for appropriate consideration, assign the right of recovery to a third party.

Editorial Information

X1 Sch. 2 para. 3A substituted (29.4.1996) for Sch. 2 para. 3(8) by 1996 c. 9, s. 1(2), Sch. para. 3(5)

Textual Amendments

F7 Words in Sch. 2 para. 3(1) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(a)

F8 Words in Sch. 2 para. 3(2) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(b)

F9 Words in Sch. 2 para. 3(5) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(c)

F10 Word in Sch. 2 para. 3(5) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(c)

F11 Words in Sch. 2 para. 3(6) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3, para. 3(4)(d)

F12 Words in Sch. 2 para. 3(7) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(e)

F13 Words in Sch. 2 para. 3(7) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(4)(e)

[F14 Circulars to minors] E+W+S

Textual Amendments

F14 Heading and Sch. 2 para. 3A substituted (29.4.1996) for Sch. 2 para. 3(8) by 1996 c. 9, s. 1(2), Sch. para. 3(5)

F15 3A No document sent—

(a) in connection with public sector student loans by any such person or body as is mentioned in paragraph 3(1) above; or

(b) in connection with subsidised private sector student loans by any person making or proposing to make such loans,

shall be regarded as sent with a view to financial gain within the meaning of section 50 of the M3 Consumer Credit Act 1974 (circulars to minors).

Textual Amendments

F15 Heading and Sch. 2 para. 3A substituted (29.4.1996) for Sch. 2 para. 3(8) by 1996 c. 9, s. 1(2), Sch. para. 3(5)

Marginal Citations

M3 1974 c. 39.

Restriction on disclosure of information E+W+S

4 (1) No person or body having by virtue of paragraph 3 above the function of making and recovering [F16 public sector student]loans shall provide or make available to anyone else (whether for consideration or not) any information held for the purpose of discharging those functions if the information is to be used for soliciting custom for goods or services.

[F17 (1A) No person making or proposing to make subsidised private sector student loans shall provide or make available to anyone else (whether for consideration or not) any information held in connection with such loans if the information is to be used for soliciting custom for goods or services; but this sub-paragraph does not prevent a member of a group (within the meaning of Part VII of the M4 Companies Act 1985) providing or making available information to another member of the group.]

(2) As respects information constituting personal data for the purposes of the M5 Data Protection Act 1984 [F18 sub-paragraphs (1) and (1A) above are] without prejudice to the requirements of that Act but [F18 apply] irrespective of any consent given for the purposes of that Act by the person to whom the information relates.

Textual Amendments

F16 Words in Sch. 2 para. 4(1) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(6)(a)

F17 Sch. 2 para. 4(1A) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(6)(b)

F18 Words in Sch. 2 para. 4(2) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(6)(c)

Marginal Citations

M4 1985 c. 6.

M5 1984 c. 35.

Insolvency: England and Wales E+W+S

5 (1) There shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the M6 Insolvency Act 1986 any sums to which this paragraph applies and which he receives or is entitled to receive after the commencement of the bankruptcy.

(2) No debt or liability to which a bankrupt is or may become subject in respect of any such sum shall be included in his bankruptcy debts.

(3) This paragraph applies to any sum by way of [F19 public sector student loan or subsidised private sector student loan] payable to the bankrupt pursuant to an agreement entered into by him before or after the commencement of the bankruptcy.

Textual Amendments

F19 Words in Sch. 2 para. 5(3) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(7)

Marginal Citations

M6 1986 c. 45.

Insolvency: Scotland E+W+S

6 Where, after the date of sequestration of a person’s estate, he receives, or is entitled to receive, sums by way of [F20 public sector student loan or subsidised private sector student loan] pursuant to an agreement entered into by him before or after that date—

(a) the sheriff shall not, in fixing an amount under subsection (2) of section 32 of the M7 Bankruptcy (Scotland) Act 1985, treat the sums as income of the person;

(b) for the purposes of subsection (6) of that section the sums shall not be treated as estate vesting in, or requiring to be conveyed or delivered to, the person’s permanent trustee; and

(c) any debt or liability to which the person is, or may become, subject in respect of the sums shall not be treated as a debt or liability—

(i) for the purposes of the sequestration (or of any offer of composition to the permanent trustee); or

(ii) from which the person is discharged, on the expiry of a period after the date of sequestration, under or by virtue of section 54 or 75(4) of that Act (or on an order being made under paragraph 11 of Schedule 4 to that Act as respects him and the permanent trustee).

Textual Amendments

F20 Words in Sch. 2 para. 6 substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(7)

Marginal Citations

M7 1985 c. 66.