The Education (Further and Higher Education Institutions Access Funds) Regulations 1990

Made: 26th July 1990

Laid before Parliament: 27th July 1990

Coming into force: 1st September 1990

In exercise of the powers conferred by section 100(1)(b) and (3) of the Education Act 1944[^f00001], the Secretary of State for Education and Science, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:—

Citation and commencement

1

These Regulations may be cited as the Education (Further and Higher Education Institutions Access Funds) Regulations 1990 and shall come into force on 1st September 1990.

Interpretation

2

In these Regulations—

• “access funds” means any funds paid by the Secretary of State under Regulation 3; and

• an “institution” means— any institution mentioned in the Schedule hereto; or any institution which— provides full-time courses of further or higher education (or both); and is maintained by a local education authority or designated by or under regulations made under section 218 of the Education Reform Act 1988[^f00002] as an institution substantially dependent for its maintenance on assistance from local education authorities.

Payments

3

• (1) The Secretary of State may make payments of grant to the governing body of any institution in respect of expenditure incurred or to be incurred by the governing body in providing financial assistance to students to whom educational services are provided by the institution.

• (2) Payments under this regulation shall be made at such times and in such instalments as the Secretary of State considers appropriate.

Conditions

4

Payment of access funds shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.

Requirements to be observed

5

The governing body of any institution to whom access funds are paid under these Regulations shall—

• (a) keep such records and accounts and furnish to the Secretary of State such information, returns and accounts relating to receipts and disbursements of access funds as the Secretary of State may require;

• (b) make such repayments of access funds not expended for the purposes of these Regulations as the Secretary of State may require;

• (c) provide financial assistance from access funds only to such classes or categories of students as the Secretary of State may specify;

• (d) comply with such other requirements as may be specified by the Secretary of State.

SCHEDULE — INSTITUTIONS REFERRED TO IN REGULATION 2(1)(a)

• Cranfield Institute of Technology

• The Royal College of Art

• Cambridge Institute of Education

• The National Sea Training College

• The Open University

• The City Literary Institute

• Ruskin College

• Coleg Harlech

• Plater College

• Hillcroft College

• Northern College

• Fircroft College

• The Co-operative College

• Trinity College

Signed

John MacGregor — Secretary of State for Education and Science — 25th July 1990

David Hunt — Secretary of State for Wales — 26th July 1990

Explanatory note

(This note is not part of the regulations)

These Regulations, which come into force on 1st September 1990, empower the Secretary of State to pay access funds to the governing bodies of certain institutions of further or higher education for the financial assistance of students at those institutions. (Regulations 1, 2 and 3 and the Schedule.) Payments may be made at such times and in such instalments as the Secretary of State considers appropriate. (Regulation 3(2).) Payment may be dependent on the fulfilment of conditions imposed by the Secretary of State. (Regulation 4.) Institutions receiving access funds must comply with requirements specified by the Secretary of State; in particular they must keep records and accounts and furnish information, returns and accounts to the Secretary of State as he may require, repay unexpended funds as required and only assist classes or categories of students specified by the Secretary of State. (Regulation 5.)

Footnotes

[^f00001]: 1944 c. 31; section 100(1)(b) was amended by section 213(3) of the Education Reform Act 1988 (c. 40).

[^f00002]: 1988 c. 40; the regulations currently in force are the Education (Schools and Further and Higher Education) Regulations 1989 (S.I. 1989/351).