- Latest available (Revised)
- Original (As enacted)
Higher Education Act 2004, Section 45 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Regulations may provide that a student support authority may supply student support information of a prescribed description to a prescribed person for a prescribed purpose.
(2)A person may not be prescribed under subsection (1) unless the person—
(a)is the governing body of an institution with which eligible students (as defined for the purposes of the student support scheme) are undertaking courses, or
(b)is a person who appears to the Secretary of State or, as the case may be, the Assembly to be exercising functions of a public nature.
(3)Regulations under subsection (1) may not allow information to be supplied except with the consent of every individual to whom the information relates, given in such manner as may be prescribed.
(4)Subsection (3) does not apply to the supply of information for the purposes of any civil or criminal proceedings arising out of the student support scheme.
(5)Regulations under subsection (1) may provide that information may be supplied under such regulations only if prescribed conditions are met.
(6)This section does not limit the circumstances in which information may be supplied apart from this section.
(7)In this section “student support authority” means—
(a)the Secretary of State,
(b)any authority or governing body by whom any function of the Secretary of State is for the time being exercisable to any extent by virtue of section 23(1) of the 1998 Act,
(c)any person acting on behalf of the Secretary of State to any extent by virtue of section 23(4) of the 1998 Act,
(d)the Assembly,
(e)any authority or governing body by whom any function of the Assembly is for the time being exercisable to any extent by virtue of section 23(1) of the 1998 Act, and
(f)any person acting on behalf of the Assembly to any extent by virtue of section 23(4) of the 1998 Act.
(8)In this section—
“prescribed” means prescribed by regulations;
“regulations” means—
in relation to a student support authority falling within any of paragraphs (a) to (c) of subsection (7), regulations made by the Secretary of State, and
in relation to a student support authority falling within any of paragraphs (d) to (f) of subsection (7), regulations made by the Assembly;
“student support scheme” means the provisions of regulations under section 22 of the 1998 Act;
“student support information”, in relation to a student support authority, means any information which the student support authority holds in connection with, or in consequence of, the exercise of any function relating to the operation of the student support scheme.
Commencement Information
I1S. 45 in force at 14.1.2006 by S.I. 2006/51, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: