(1)This section applies to allowances payable by virtue of section 73(f) of this Act in respect of the fees charged in connection with attendance on a course of higher education.
(2)The Secretary of State may by order made by statutory instrument determine the maximum amount payable in any academic year of allowances to which this section applies in respect of such courses or classes of courses of higher education as may be so determined and, subject to subsection (3) below, a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Where the Secretary of State has determined a maximum amount under subsection (2) above, he shall not make a further determination increasing that maximum amount under that subsection unless—
(a)he is satisfied that the increase is no greater than is required to maintain the allowance’s value in real terms; or
(b)a draft of the order containing the further determination has been laid before, and approved by a resolution of, each House of Parliament.
(4)For the purposes of subsection (3)(a) above the Secretary of State shall have regard to such retail prices index as appears to him to be appropriate.
(5)In subsection (2) above, “courses of higher education” means courses of higher education falling within section 38 of the M1Further and Higher Education (Scotland) Act 1992.
Textual Amendments
F1Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
Marginal Citations