Education (Scotland) Act 1980

[F1 73A Transfer or delegation of functions relating to student support. S

(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made under section 73(f) of this Act shall, to such extent as is specified in his determination, be exercisable instead by such body or person as is so specified.

(2) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) above shall comply with any direction given by the Secretary of State as to the exercise of that function.

(3) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section [F2 73(a), (c) or (f)] of this Act (including any such functions as to appeals).

(4) Any arrangements made under subsection (3) above shall not prevent the Secretary of State from exercising the function in question himself.

(5) The Secretary of State may make provision for enabling appeals—

(a) to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (3) above as he may determine; and

(b) to be so made to a person or body appointed by him for that purpose.

(6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (1) or (3) above—

(a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body—

(i) in making [F3 payments,] grants or loans by virtue of regulations under section [F4 73(a), (c) or (f)] of this Act, or

(ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

(b) in the case of any such person, or of any body with which the Secretary of State has made arrangements under subsection (3) above, such remuneration as he may determine.

(7) Any payment under subsection (6)(a) above may be made subject to such terms and conditions (including conditions as to repayment) as the Secretary of State may determine.

(8) The Secretary of State may pay to any person or body appointed by him under subsection (5) such remuneration or administrative expenses (or both) as he may determine.

(9) In relation to any function which, by virtue of subsection (1) or (3) above is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.

[F5 (10) The references in subsections (3) and (6)(a)(i) above to regulations under section 73(a) or (c) of this Act are references to those regulations only in so far as relating to support for persons—

(a) undertaking; or

(b) who have undertaken,

courses of education provided by [F6 post-16 education] bodies.

(11) In subsection (10) above, “[F7 post-16 education] bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).]]

Textual Amendments

F1 Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))

F2 Words in s. 73A(3) substituted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 19(2)(a), 36(2); S.S.I. 2005/419, art. 2(1)

F3 Word in s. 73A(6)(a)(i) inserted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 19(2)(b)(i), 36(2); S.S.I. 2005/419, art. 2(1)

F4 Words in s. 73A(6)(a)(i) substituted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 19(2)(b)(ii), 36(2); S.S.I. 2005/419, art. 2(1)

F5 S. 73A(10)(11) added (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 19(2)(c), 36(2); S.S.I. 2005/419, art. 2(1)

F6 Words in s. 73A(10) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), sch. para. 1(3)(a); S.S.I. 2014/21, art. 2, sch. 1

F7 Words in s. 73A(11) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), sch. para. 1(3)(b); S.S.I. 2014/21, art. 2, sch. 1