Education Act 2002

16 Terms on which assistance under section 14 is given E+W

(1) Financial assistance under section 14 may be given on such terms as the Secretary of State (or, as the case may be, the National Assembly for Wales) considers appropriate, subject to [F1 —

(a) subsection (2B) (which relates to institutions within the higher education sector), and

(b) section 175(3B) (which relates to institutions in England that provide further education).]

(2) The terms may, in particular, include provisions as to—

(a) circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State (or the National Assembly for Wales), and the manner in which that is to be done;

(b) the giving by the person receiving assistance of financial assistance to other persons on such terms as that person or the Secretary of State (or the Assembly) considers appropriate[F2 , subject to subsection (2B)];

(c) circumstances in which any payments made by virtue of terms included by virtue of paragraph (b) are to be repaid, or otherwise made good, to the person receiving assistance from the Secretary of State (or the Assembly), and the manner in which that is to be done;

(d) the keeping, and making available for inspection, of accounts and other records.

[F3 (2A) Subsection (2B) applies to—

(a) financial assistance given under section 14 to an institution within the [F4 wider] higher education sector, [F5 unless the institution is also an institution within the further education sector,] and

(b) financial assistance required by virtue of subsection (2)(b) to be given to [F6 an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector].

(2B) The terms on which the assistance is given may not be framed by reference to criteria for the selection and appointment of staff or the admission of students.]

(3) The person receiving assistance must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State (or, as the case may be, the National Assembly for Wales).

(4) Section 15(2) applies to financial assistance required by virtue of subsection (2)(b) as it applies to financial assistance given under section 14.

Textual Amendments

F1 S. 16(1)(a)(b) substituted for words in s. 16(1) (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 1(2), 3(2)

F2 Words in s. 16(2)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(3)(b), 82(3); S.I. 2012/924, art. 2

F3 S. 16(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(3)(c), 82(3); S.I. 2012/924, art. 2

F4 Word in s. 16(2A)(a) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 8(3)(a)(i)

F5 Words in s. 16(2A)(a) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 8(3)(a)(ii)

F6 Words in s. 16(2A)(b) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 8(3)(b)

Commencement Information

I1 S. 16 wholly in force at 31.3.2003; s. 16 not in force at Royal Assent, see s. 216; s. 16 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I2 S. 16 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II