UK Act of Parliament 1998 United Kingdom

Teaching and Higher Education Act 1998

What this means for your business

5 obligations
1 guides
Enforced by
IPO, OPSS, ECJU
Applies to
United Kingdom
On this page
5 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

5 compliance obligations under this legislation.

Management duties 3

Comply with Secretary of State directions on delegated student‑support functions

If the Secretary of State transfers any student‑support duties (like managing loans or grants) to your higher‑education institution, you must follow any directions they give, keep appropriate records and provide any information they request. This also covers using any funding you receive in line with the conditions they set.

Any Person s.23 Historic England When the Secretary of State delegates a student‑support function to your institution …

Consider disabled persons' needs in education provision

If you run a school, college or any teaching service, you must take the needs of disabled students and staff into account. This means you need to make reasonable adjustments to premises, teaching methods and support so disabled people can access your education provision on an equal basis.

Employer s.16 Historic England

Deduct student loan repayments from employee pay and keep records

If you employ staff in Scotland who have taken a student loan, you must automatically deduct the required loan repayments from their wages, keep the appropriate records, and send the deducted amounts to the Secretary of State as directed by the regulations.

Employer s.29 Historic England You have employees who are borrowers of a student loan

Payments and fees 1

Pay employees for approved study or training leave

If you let an employee take time off to study or train under the statutory right, you must pay them for that time at their normal hourly rate and you must not refuse the leave unreasonably. Failure can lead to an employment‑tribunal order requiring you to pay the amount owed.

Employer s.33 Historic England When an employee is permitted time off for study or training under …

Reporting and filing 1

Provide required teacher information to the Council

If you operate an agency that places registered teachers with schools or other employers, you must send the Council the specific details the law requires whenever you end that arrangement for certain reasons (e.g., dismissal, resignation) or when you stop arranging work for a teacher after they are no longer available. This reporting duty helps the Council keep accurate records of teacher placements.

Contractor s.15A Historic England When the agency terminates a teacher’s placement for reasons listed in section …

Practical guidance

Our guides explain how to comply with the requirements above.

Student loan deductions for employers

How to calculate and process student loan and postgraduate loan deductions from employee pay.

Sections and provisions

54 classified provisions from this legislation.

5 Duties 4 Powers 5 Definitions 4 Exemptions

Duties 5

  • s.15A Supply of information by contractor, agency, &c.
  • s.16 Duty to have regard to needs of disabled persons.
  • s.23 Transfer or delegation of functions relating to student support.
  • s.29 Grants and loans: Scotland. above
  • s.33 Further provisions as to time off for study or training. An employment tribunal

Powers 4

  • s.6A Power to promote teaching profession
  • s.25 Transitional arrangements.
  • s.34 Inspection of vocational training by Her Majesty’s chief inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
  • Schedule 1 General Teaching Council for Wales

Definitions 5

  • s.28 Interpretation of Chapter I.
  • s.32 Right of young persons to time off for study or training. relevant qualification external qualification
  • s.39 Unauthorised use of “university” in title of educational institution, etc. relevant institution in England relevant institution in Wales
  • s.43 General interpretation. the Council prescribed registered teacher
  • Schedule 2 Disciplinary powers of Council

Exemptions 4

  • s.24 Supply of information in connection with student loans support.
  • s.31 Imposition of conditions as to fees at further and higher education institutions in Scotland.
  • s.42 Orders and regulations.
  • Schedule 3 Minor and consequential amendments

Legislative context

Secondary legislation (2)