Education (Student Loans) Act 1990

JurisdictionUK Non-devolved
Citation1990 c. 6
(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.(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.references to public sector student loans are to loans under arrangements made under subsection (1) above; andreferences 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.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; andsatisfy such other conditions as may be prescribed by regulations made by him.universities and other institutions receiving grants under section F365 of the Further and Higher Education Act 1992F4or under section 5 of the Education Act 1994, institutions maintained by local education authorities in exercise of their further and higher education functions, F5institutions receiving recurrent grants towards their costs from a further education funding council and institutions receiving recurrent grants towards their costs under regulations made under F6section 485 of the Education Act 1996;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 1992the 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 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 F8public 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.(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.are payable in such circumstances, and at such times, as may be specified, andare of such amounts as may be specified in, or determined in accordance with, the arrangements.to take an assignment from the purchaser of all or any of his rights in respect of any loan to which the arrangements relate, orto 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.
(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.(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.(1) This Act may be cited as the Education (Student Loans) Act 1990.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) In this Act “university” includes a university college and any college, or institution in the nature of a college, in a university.

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