Education Act 2005

82 Grants to Agency by Assembly

(1) The Assembly may make grants to the Agency of such amounts and subject to such terms and conditions as the Assembly may determine.

(2) Subsections (3) and (4) apply to the terms and conditions subject to which grants are made by the Assembly to the Agency, so far as they relate to the provision of financial support by the Agency to training providers.

(3) The terms and conditions—

(a) may in particular impose requirements to be complied with in respect of every training provider, or every training provider falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any training provider to which the requirements apply before financial support of any amount or description so specified is provided by the Agency in respect of activities carried on by the training provider,

(b) may include a condition requiring the Agency to impose a specified condition falling within subsection (4) of section 79 in relation to any grants, loans or other payments made by the Agency under section 78 to a training provider specified by the Assembly in the condition under subsection (1), or a training provider of a class so specified, but

(c) may not otherwise relate to the provision of financial support by the Agency in respect of activities carried on by any particular training provider or training providers.

(4) The terms and conditions may not be framed by reference to criteria for the selection and appointment of staff and for the admission of students.

(5) A condition imposed by virtue of subsection (3)(b) does not apply in relation to grants, loans or other payments made by the Agency in respect of any course which is a qualifying course for the purposes of section 28 of the Higher Education Act 2004 (c. 8).

(6) The terms and conditions subject to which any grants are made by the Assembly to the Agency may in particular—

(a) enable the Assembly to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with, and

(b) require the payment of interest in respect of any period during which a sum due to the Assembly in accordance with any of the terms and conditions remains unpaid.