International Development Act 2002

Commonwealth Scholarship Commission

13 Commonwealth Scholarship Commission

(1) There shall continue to be a Commission known as the Commonwealth Scholarship Commission in the United Kingdom (“the Commission”).

(2) The Commission shall consist of—

(a) a chairman, and

(b) not less than nine nor more than fourteen other members,

appointed by the Secretary of State.

(3) Not less than four of the members shall be persons appointed as the holders of high academic office.

(4) Schedule 2 has effect with respect to the Commission.

14 Functions of the Commission etc

(1) It is the duty of the Commission to—

(a) select the recipients of awards arising out of the Commonwealth Scholarship and Fellowship Plan to persons coming to the United Kingdom,

(b) make arrangements—

(i) for placing the recipients at institutions within the further education sector or higher eduction sector or at other appropriate establishments in the United Kingdom, and

(ii) for the supervision of their work during the period of their awards,

(c) select persons to be put forward as candidates from the United Kingdom for awards that—

(i) arise out of the Plan, and

(ii) are to be granted in countries outside the United Kingdom, and

(d) discharge any other functions under the Plan that the Secretary of State may assign to the Commission.

(2) In discharging their functions, the Commission must comply with any direction given to them by the Secretary of State.

(3) The Secretary of State may not give any direction for the selection or rejection of any particular person for an award or as a candidate for an award.

(4) The persons selected under subsection (1)(a) must be Commonwealth citizens or British protected persons (within the meaning of the British Nationality Act 1981 (c. 61)), except where the Commission for special reasons approved by the Secretary of State otherwise determine.

(5) The Secretary of State may—

(a) make such awards as are mentioned in subsection (1)(a), or

(b) supplement such awards as are mentioned in subsection (1)(c).

(6) In this section—

• “the Commission” has the same meaning as in section 13;

• “the Commonwealth Scholarship and Fellowship Plan” means the Plan of that name put forward by the Commonwealth Development Conference held at Oxford in July 1959;

• “further education sector”—

  (a)

  in relation to England and Wales, has the meaning given in section 91 of the Further and Higher Education Act 1992 (c. 13), and

  (b)

  in relation to Scotland, includes—

  (i)

  colleges of further education with a board of management within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992 (c. 37),

  (ii)

  colleges of further education maintained by an education authority in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980 (c. 44), and

  (iii)

  central institutions within the meaning of section 135 of the Education (Scotland) Act 1980;

• “higher education sector”—

  (a)

  in relation to England and Wales, has the meaning given in section 91 of the Further and Higher Education Act 1992, and

  (b)

  in relation to Scotland, has the meaning given in section 56(2) of the Further and Higher Education (Scotland) Act 1992; and

• “United Kingdom” includes the Channel Islands and the Isle of Man.