Education (Student Loans) Act 1990 (repealed 13.8.1998)

1 Loans for students. E+W+S

(1) The Secretary of State may make arrangements for enabling eligible students to receive loans towards their maintenance out of money made available by him for that purpose.

[F1 (1A) The Secretary of State may, in pursuance of arrangements with persons by whom private sector student loans are made, pay subsidy to those persons in respect of such loans; and in this subsection “private sector student loans” means loans made to eligible students towards their maintenance otherwise than out of money made available by the Secretary of State.]

[F2 (1B) In this Act—

(a) references to public sector student loans are to loans under arrangements made under subsection (1) above; and

(b) references to subsidised private sector student loans are to loans in respect of which arrangements such as are mentioned in subsection (1A) above provide for the payment (at any time or in any circumstances) of subsidy under that subsection.]

(2) For the purposes of this section eligible students are those who—

(a) are attending courses of higher education which are of at least one academic year’s duration and either are at institutions receiving support from public funds or (being at other institutions) are designated for the purposes of this section by or under regulations made by the Secretary of State; and

(b) satisfy such other conditions as may be prescribed by regulations made by him.

(3) In this section “courses of higher education” means courses of any description mentioned in Schedule 1 to this Act and “institutions receiving support from public funds” means—

(a) universities and other institutions receiving grants under section [F3 65 of the Further and Higher Education Act 1992][F4 or under section 5 of the Education Act 1994], institutions maintained by local education authorities in exercise of their further and higher education functions, [F5 institutions receiving recurrent grants towards their costs from a further education funding council] and institutions receiving recurrent grants towards their costs under regulations made under [F6 section 485 of the Education Act 1996];

[F7 (b) educational establishments within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible, colleges of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 managed by boards of management established under Part I of that Act and designated institutions within the meaning of Part II of that Act of 1992]

(c) the Queen’s University of Belfast, the University of Ulster, a college of education in Northern Ireland within the meaning of Article 2(2) of the M1 Education and Libraries (Northern Ireland) Order 1986 and institutions providing in Northern Ireland further education as defined in Article 5(c) of that Order.

(4) The Secretary of State may by order amend Schedule 1 to this Act but before doing so shall consult any persons with whom consultation appears to him to be desirable.

(5) Schedule 2 to this Act shall have effect in relation to [F8 public sector student loans and subsidised private sector student loans].

(6) The power to make orders under subsection (4) above shall be exercisable by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(7) The power to make regulations under this section or Schedule 2 to this Act shall be exercisable by statutory instrument which, subject to subsection (8) below and paragraph 1(2) of that Schedule, shall be subject to annulment in pursuance of a resolution of either House of Parliament and any such regulations may make different provision for different cases.

(8) A draft of the first regulations to be made under this section or Schedule 2 to this Act shall be laid before each House of Parliament and those regulations shall not be made unless the draft has been approved by a resolution of each House.

Textual Amendments

F1 S. 1(1A) inserted (29.4.1996) by 1996 c. 9, s. 1(1)

F2 S. 1(1B) inserted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 2(2)

F3 Words in s. 1(3)(a) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 67(a); S.I. 1992/831, art. 2, Sch. 3

F4 Words in s. 1(3)(a) inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 9; S.I. 1994/2204, art. 2

F5 Words in s. 1(3)(a) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 67(b); S.I. 1992/831, art. 2, Sch. 3.

F6 Words in s. 1(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.98 (with ss. 1(4), 561, 562, Sch. 39)

F7 S. 1(3)(b) substituted (16.5.1992 subject to saving in S.I. 1992/817, art. 4, Sch. 5) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 12(2); S.I. 1992/817, art. 3(2), Sch. 1

F8 Words in s. 1(5) substituted (29.4.1996) by 1996 c. 9, s. 1(2), SCh. para. 2(3)

Marginal Citations

M1 S.I.1986/594 (N.I.3).

[F9 1A Transfer of public sector student loans to the private sector. E+W+S

(1) A relevant lender may assign to any other person all or any of the lender’s rights in respect of any public sector student loans.

(2) The Secretary of State may make such arrangements as he thinks fit for the purpose of facilitating, or otherwise in connection with, an assignment under subsection (1) above.

(3) Arrangements under this section may provide for the Secretary of State to make payments of any specified description which—

(a) are payable in such circumstances, and at such times, as may be specified, and

(b) are of such amounts as may be specified in, or determined in accordance with, the arrangements.

(4) Such arrangements may authorise the Secretary of State in specified circumstances—

(a) to take an assignment from the purchaser of all or any of his rights in respect of any loan to which the arrangements relate, or

(b) to direct the purchaser to assign all or any such rights to some other person under subsection (1) above.

(5) Such arrangements may also provide for the appointment of an independent person approved by the Secretary of State with the function of investigating and reporting on any dispute between the purchaser and the borrower under a loan to which the arrangements relate.

(6) Subsections (3) to (5) above shall not be read as affecting the generality of subsection (2) above.

(7) In this section—

• “assignment”, in relation to Scotland, means assignation;

• “the purchaser” means the assignee under an assignment under subsection (1) above;

• “relevant lender”, in relation to a public sector student loan, means the person who made the loan or the assignee under an assignment under subsection (1) above;

• “specified” means specified in arrangements under this section.]

Textual Amendments

F9 S. 1A inserted (27.1.1998) by 1998 c. 1, s.1

2 Northern Ireland. U.K.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M2 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M2 1974 c. 28.

3 Financial provisions. E+W+S

(1) There shall be paid out of money provided by Parliament any sums required by the Secretary of State for making payments under this Act.

(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

4 Short title, citation, interpretation and extent. E+W+S

(1) This Act may be cited as the Education (Student Loans) Act 1990.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Act “university” includes a university college and any college, or institution in the nature of a college, in a university.

(4) Except for section 2 and, as respects institutions in Northern Ireland, the power to make regulations under paragraph 2 of Schedule 2, this Act does not extend to Northern Ireland.

Textual Amendments

F10 S. 4(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)