SCHEDULES
SCHEDULE 5Abolition of the TDA: consequential amendments
HEA 2004
I118
Part 3 of HEA 2004 (student fees and fair access) is amended as follows.
I219
For section 23, substitute—
23Duty of Secretary of State to impose condition as to student fees, etc
1
Subsection (2) applies to a grant made by the Secretary of State to the Higher Education Funding Council for England under section 68 of the 1992 Act.
2
The grant must be made subject to a condition requiring the Council to impose a condition under section 24 in relation to any grants, loans or other payments made by the Council under section 65 of the 1992 Act to the governing body of a relevant institution.
3
Subsection (4) applies to financial assistance given by the Secretary of State under section 14 of the Education Act 2002 to the governing body of a relevant institution.
4
The terms on which the financial assistance is given must include a condition under section 24.
5
“Relevant institution” means—
a
in the case of a grant to which subsection (2) applies, an institution specified, or of a class specified, by the Secretary of State in a condition under subsection (2);
b
in the case of financial assistance to which subsection (4) applies, an institution specified, or of a class specified, by order made by the Secretary of State for the purposes of that subsection.
I320
1
Section 24 (condition to be imposed by English funding bodies) is amended as follows.
2
In subsection (3)—
a
in paragraph (a)(ii), for the words from “of other” to “section 23” substitute “
(where the funding body is the Higher Education Funding Council for England) of other financial requirements determined by the Council in accordance with principles specified by the Secretary of State in the condition under section 23(2)
”
;
b
in paragraph (b), for the words from “financial requirements” to “section 23” substitute
—
i
where the funding body is the Higher Education Funding Council for England, financial requirements determined by the Council in accordance with principles specified by the Secretary of State in the condition under section 23(2);
ii
where the funding body is the Secretary of State, such financial requirements as the Secretary of State thinks appropriate
3
In subsection (4)(c), for “78 of the 2005 Act” substitute “
14 of the Education Act 2002
”
.
4
In subsection (6)—
a
for the definition of “funding body” substitute—
“funding body” means—
a
in the case of a grant, loan or other payment made under section 65 of the 1992 Act, the Higher Education Funding Council for England;
b
in the case of financial assistance given by the Secretary of State under section 14 of the Education Act 2002 to the governing body of a relevant institution, the Secretary of State;
b
in the definition of “the grant period”, for “to which the relevant condition under section 23 relates” substitute “
in question
”
.
I421
1
Section 27 (power of NAW to impose conditions as to student fees, etc) is amended as follows.
2
In subsection (1)—
a
omit “82(1) or”;
b
for “a funding body” substitute “
the Higher Education Funding Council for Wales
”
;
c
for “the funding body” (in both places) substitute “
the Council
”
;
d
omit “78 or”.
3
In subsection (2), omit the definition of “funding body”.
I522
1
Section 28 (condition that may be required to be imposed by Welsh funding bodies) is amended as follows.
2
In subsection (3), for “funding body” substitute “
Higher Education Funding Council for Wales
”
.
3
In subsection (4)(c), omit “78 or”.
4
In subsection (6), omit the definition of “funding body”.
5
In the heading, for “Welsh funding bodies” substitute “
HEFCW
”
.
I623
In section 29 (sections 23 to 28: supplementary provisions), in subsection (3)—
a
after “1992 Act” insert “
, the Education Act 2002
”
;
b
for “, the Higher Education Funding Council for Wales or the Training and Development Agency for Schools” substitute “
or the Higher Education Funding Council for Wales
”
;
c
in paragraph (a), for “under section 23 imposed” substitute “
or terms imposed by virtue of section 23
”
;
d
in paragraph (c), for “that Agency” substitute “
the Secretary of State
”
.
I724
In section 31 (Director of Fair Access to Higher Education), in subsection (5), for “from the Training and Development Agency for Schools under section 78 of the 2005 Act” substitute “
financial assistance from the Secretary of State under section 14 of the Education Act 2002
”
.
I825
In section 34 (approval of plans), for subsection (1) substitute—
1
The governing body of any institution which—
a
is or may become eligible to receive grants under section 65 of the 1992 Act or section 86 of the 2005 Act, or
b
provides higher education and is or may become eligible to receive financial assistance from the Secretary of State under section 14 of the Education Act 2002,
may apply to the relevant authority for approval of a proposed plan relating to the institution.
I926
In section 37 (enforcement of plans: England), in subsection (1)(a), for “Training and Development Agency for Schools” substitute “
Secretary of State
”
.
I1027
In section 38 (enforcement of plans: Wales), in subsection (4), omit “or the Training and Development Agency for Schools”.
I1128
1
Section 40 (provision of information) is amended as follows.
2
In subsection (1), omit “and the Training and Development Agency for Schools”.
3
After subsection (1B) insert—
1C
The Secretary of State may provide the Director with information for the purposes of the exercise by the Director of the Director's functions.
4
In subsection (2)—
a
for “Training and Development Agency for Schools” substitute “
Secretary of State
”
;
b
for “the Agency” substitute “
the Secretary of State
”
;
c
for “either of those bodies for the purposes of its functions” substitute
—
a
the Council for the purposes of its functions, or
b
the Secretary of State for the purposes of the Secretary of State's functions relating to training for members of the school workforce (within the meaning of Part 3 of the 2005 Act).
I1229
In section 41 (interpretation of Part 3), in subsection (2)(a)—
a
omit “78 or”;
b
after “2005 Act,” insert “
or financial assistance under section 14 of the Education Act 2002,
”
.