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Further and Higher Education Act 1992, Section 68 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Secretary of State may make grants to [F2the HEFCW] of such amounts and subject to such terms and conditions as he may determine.
(2)The terms and conditions subject to which grants are made by the Secretary of State to [F3the HEFCW]—
(a)may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by [F4the HEFCW] in respect of activities carried on by the institution, but
(b)shall not otherwise relate to the provision of financial support by [F4the HEFCW] in respect of activities carried on by any particular institution or institutions.
(3)Such terms and conditions may not be framed by reference to particular courses of study or programmes of research (including the contents of such courses or programmes and the manner in which they are taught, supervised or assessed) or to the criteria for the selection and appointment of academic staff and for the admission of students.
(4)Such terms and conditions may in particular—
(a)enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and
(b)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
Textual Amendments
F1Words in s. 68 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F2Words in s. 68(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F3Words in s. 68(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(4)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F4Words in s. 68(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(4)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
Modifications etc. (not altering text)
C1S. 68 excluded (1.9.2005) by Education Act 2005 (c. 18), ss. 88(5), 125(3)(a)
C2S. 68 modified (14.1.2006) by Higher Education Act 2004 (c. 8), ss. 23, 52(2) (with ss. 24-29); S.I. 2006/51, art. 2
C3S. 68(1) extended (16.7.1998) by 1998 c. 30, ss. 26(3), 46(3) (with s. 42(8))
C4S. 68(1) extended (31.3.2011) by Higher Education Act 2004 (c. 8), ss. 27, 52(3); S.I. 2011/297, art. 3(a)
Commencement Information
I1S. 68 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
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