Higher Education Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Higher Education Bill

Higher Education Bill
Part 1 — Research in Arts and Humanities
1

A
Bill
To
Make provision about research in the arts and humanities and about
complaints by students against institutions providing higher education; to
make provision about fees payable by students in higher education; to provide
for the appointment of a Director of Fair Access to Higher Education; to make
provision about grants and loans to students in higher or further education;
and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Research in Arts and Humanities
1
Arts and Humanities Research Council
In this Part “the Arts and Humanities Research Council” means a body to be
established by Royal Charter wholly or mainly for objects consisting of, or
5
comprised in, the following—
(a)
carrying out, facilitating, encouraging and supporting—
(i)
research in the arts and humanities, and
(ii)
instruction in the arts and humanities,
(b)
advancing and disseminating knowledge in, and promoting
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understanding of, the arts and humanities,
(c)
promoting awareness of the body’s activities, and
(d)
providing advice on matters relating to the body’s activities.
2
Transfer to Council of property etc of Arts and Humanities Research Board
(1)
All property, rights and liabilities to which the Arts and Humanities Research
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Board is entitled or subject immediately before the appointed day become, by

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Higher Education Bill
Part 1 — Research in Arts and Humanities
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virtue of this section, property, rights and liabilities of the Arts and Humanities
Research Council on that day.
(2)
Where rights and liabilities under a contract of employment are transferred by
virtue of subsection (1), the contract has effect from the appointed day as if
originally made between the employee and the Council.
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(3)
In this section “the appointed day” means the day appointed under section
48(2) for the commencement of this section.
3
Expenses of Council
(1)
The Secretary of State may pay the Arts and Humanities Research Council such sums
as he determines in respect of the expenses that the Council has incurred, or expects to
10
incur, in carrying out the objects listed in section 1.
(2)
Subsection (1) applies whether the Council has incurred, or expects to incur,
the expenses in the United Kingdom or elsewhere.
(3)
The Council must comply with any direction of the Secretary of State as to the
use or expenditure of payments made under subsection (1).
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(4)
The Council must give the Secretary of State programmes and estimates of its
expenses.
(5)
Programmes and estimates under subsection (4) must be given—
(a)
in the form required by the Secretary of State, and
(b)
at the times required by the Secretary of State.
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4
Returns, reports etc. by Council to Secretary of State
(1)
The Arts and Humanities Research Council must give the Secretary of State
such returns, accounts and other information relating to its property and
activities as the Secretary of State requires.
(2)
As soon as possible after the end of each financial year, the Council must give
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the Secretary of State a report on the performance of its functions during that
year.
(3)
The Secretary of State must lay a copy of any report given under subsection (2)
before each House of Parliament.
(4)
The copy of a report laid in accordance with subsection (3) may include any
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comments which the Secretary of State has on the report.
(5)
In this section “financial year” means a period of 12 months ending with 31st
March.
5
Pensions
(1)
Employment by the Arts and Humanities Research Council is included in the
35
kinds of employment to which a scheme under section 1 of the Superannuation
Act 1972 (c. 11) can apply.
(2)
Accordingly, in the appropriate place in the list of Other Bodies in Schedule 1
to that Act (which lists the kinds of employment etc. to which a scheme can
apply) there is inserted “The Arts and Humanities Research Council”.
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Part 1 — Research in Arts and Humanities
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(3)
The Arts and Humanities Research Council must pay to the Minister for the Civil
Service, at such times as the Minister may direct, such sums as the Minister may
determine in respect of the increase attributable to subsection (1) in the sums payable
under that Act out of money provided by Parliament.
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Accounts and records of Council
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(1)
The Arts and Humanities Research Council must keep proper accounts and
other records.
(2)
The Council must give the Secretary of State a statement of accounts in relation
to each financial year.
(3)
A statement of accounts under subsection (2) must be given—
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(a)
in the form required by the Secretary of State, and
(b)
at the time required by the Secretary of State.
(4)
The Secretary of State must transmit each statement of accounts given under
subsection (2) to the Comptroller and Auditor General on or before 30th
November following the end of the financial year to which the statement
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relates.
(5)
The Comptroller and Auditor General must—
(a)
examine and certify each statement of accounts transmitted under
subsection (4), and
(b)
lay before each House of Parliament—
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(i)
a copy of the accounts, and
(ii)
a report on the accounts.
(6)
In this section “financial year” has the same meaning as in section 4.
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Northern Ireland: reserved matters
In Schedule 3 to the Northern Ireland Act 1998 (c. 47) (reserved matters), after
25
paragraph 35 there is inserted—
“35A.
The Arts and Humanities Research Council (as defined by section 1
of the Higher Education Act 2004).”
8
Activities outside United Kingdom
Nothing in this Part restricts the activities of the Arts and Humanities Research
30
Council to the United Kingdom or any part of the United Kingdom.
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Charter of Council
Nothing in this Part affects—
(a)
any power to amend or revoke the charter of the Arts and Humanities
Research Council, or
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(b)
the operation of any amendment made to the charter of the Council.
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Research in arts and humanities
(1)
The Secretary of State may—
(a)
carry out or support research in the arts and humanities,

Higher Education Bill
Part 2 — Review of student complaints
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(b)
disseminate the results of research in the arts and humanities,
(c)
further the practical application of the results of research in the arts and
humanities,
(d)
establish advisory bodies for the purpose of assisting the Secretary of State in
matters connected with research in the arts and humanities, and
5
(e)
if the Secretary of State establishes such a body, appoint its members on terms
which include the payment of remuneration, allowances or pension benefits to
or in respect of them.
(2)
The National Assembly for Wales (in this Act referred to as “the Assembly”)
may, in relation to Wales,—
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(a)
carry out or support research in the arts and humanities,
(b)
disseminate the results of research in the arts and humanities,
(c)
further the practical application of the results of research in the arts and
humanities,
(d)
establish advisory bodies for the purpose of assisting the Assembly in
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matters connected with research in the arts and humanities, and
(e)
if the Assembly establishes such a body, appoint its members on terms
which include the payment of remuneration, allowances or pension
benefits to or in respect of them.
(3)
The Scottish Ministers may, in relation to Scotland,—
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(a)
carry out or support research in the arts and humanities,
(b)
disseminate the results of research in the arts and humanities,
(c)
further the practical application of the results of research in the arts and
humanities,
(d)
establish advisory bodies for the purpose of assisting the Scottish
25
Ministers in matters connected with research in the arts and
humanities, and
(e)
if the Scottish Ministers establish such a body, appoint its members on
terms which include the payment of remuneration, allowances or
pension benefits to or in respect of them.
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(4)
The Northern Ireland Department having responsibility for higher education
may, in relation to Northern Ireland,—
(a)
carry out or support research in the arts and humanities,
(b)
disseminate the results of research in the arts and humanities,
(c)
further the practical application of the results of research in the arts and
35
humanities,
(d)
establish advisory bodies for the purpose of assisting the Department
in matters connected with research in the arts and humanities, and
(e)
if the Department establishes such a body, appoint its members on
terms which include the payment of remuneration, allowances or
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pension benefits to or in respect of them.
Part 2
Review of student complaints
11
Qualifying institutions
In this Part “qualifying institution” means any of the following institutions in
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England or Wales—

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Part 2 — Review of student complaints
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(a)
a university (whether or not receiving financial support under section
65 of the 1992 Act) whose entitlement to grant awards is conferred or
confirmed by—
(i)
an Act of Parliament,
(ii)
a Royal Charter, or
5
(iii)
an order under section 76 of the 1992 Act;
(b)
a constituent college, school or hall or other institution of a university
falling within paragraph (a);
(c)
an institution conducted by a higher education corporation;
(d)
a designated institution, as defined by section 72(3) of the 1992 Act.
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12
Qualifying complaints
(1)
In this Part “qualifying complaint” means, subject to subsection (2), a
complaint about an act or omission of a qualifying institution which is made by
a person—
(a)
as a student or former student at that institution, or
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(b)
as a student or former student at another institution (whether or not a
qualifying institution) undertaking a course of study, or programme of
research, leading to the grant of one of the qualifying institution’s
awards.
(2)
A complaint which falls within subsection (1) is not a qualifying complaint to
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the extent that it relates to matters of academic judgment.
13
Designation of operator of student complaints scheme
(1)
The Secretary of State may, for the purposes of this Part, designate a body
corporate as the designated operator for England as from a date specified in the
designation.
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(2)
The Assembly may, for the purposes of this Part, designate a body corporate as
the designated operator for Wales as from a date specified in the designation.
(3)
The Secretary of State or the Assembly may not designate a body under
subsection (1) or (2) unless he or the Assembly is satisfied that the body—
(a)
meets all of the conditions set out in Schedule 1,
30
(b)
is providing a scheme for the review of qualifying complaints that
meets all of the conditions set out in Schedule 2, or is proposing to
provide such a scheme from a date not later than the effective date,
(c)
has consulted interested parties about the provisions of that scheme,
and
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(d)
consents to the designation.
(4)
If a body is designated under subsection (1) or (2) the Secretary of State or the
Assembly must, before the effective date,—
(a)
give the body notice of the designation, and
(b)
publish notice of the designation in such manner as he or the Assembly
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thinks fit.
(5)
In this Part—
(a)
“the effective date”, in relation to the designation of a body corporate
under this section, means the date specified in the designation as the
date from which the body is designated as designated operator, and
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(b)
any reference to the designated operator is—
(i)
in relation to an institution in England, a reference to the body
designated under subsection (1), and
(ii)
in relation to an institution in Wales, a reference to the body
designated under subsection (2).
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14
Duties of designated operator
The designated operator must comply with the duties set out in Schedule 3
during the period specified in that Schedule.
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Duties of qualifying institutions
(1)
The governing body of every qualifying institution in England and Wales must
10
comply with any obligation imposed upon it by a scheme for the review of
qualifying complaints that is provided by the designated operator.
(2)
The duty imposed by subsection (1) applies from the effective date of the
designation and ceases to apply only if the designation is terminated.
(3)
The obligations referred to in subsection (1) include any obligation to pay fees
15
to the designated operator.
16
Termination of designation
(1)
The designation of a body under section 13 continues until it is terminated in
accordance with Schedule 4.
(2)
If the designation of a body is terminated, the Secretary of State or the
20
Assembly must publish notice of the termination in such manner as he or it
thinks fit.
17
Privilege in relation to law of defamation
(1)
For the purposes of the law of defamation, any proceedings relating to the
review under the scheme of a qualifying complaint are to be treated as if they
25
were proceedings before a court.
(2)
For those purposes, absolute privilege attaches to the publication of—
(a)
any decision or recommendation made under the scheme by a person
responsible for reviewing a qualifying complaint, and
(b)
any report under paragraph 6 or 7 of Schedule 3.
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(3)
In this section “the scheme” means the scheme for the review of qualifying
complaints provided by the designated operator.
18
Provision where designation of operator to cease
(1)
Where—
(a)
an agreement to terminate a designation has been made under
35
paragraph 2 of Schedule 4,
(b)
notice to terminate a designation has been given under paragraph 4 or
6 of Schedule 4, or
(c)
the designated operator has ceased to exist,

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the Secretary of State (in relation to England) or, as the case requires, the
Assembly (in relation to Wales) may by order make such provision as he or it
thinks fit for, or in connection with, the review of qualifying complaints.
(2)
The provision that may be made under this section includes any one or more
of the following—
5
(a)
provision requiring the designated operator to provide the scheme in
accordance with specified requirements;
(b)
provision modifying, or requiring the designated operator to modify,
the provisions of the scheme;
(c)
provision about the fees payable under the scheme, including provision
10
requiring the repayment of fees already paid;
(d)
provision for a specified person to take over provision of the scheme;
(e)
provision for any provision of this Part that applies in relation to a
scheme provided by the designated operator to apply (with or without
modifications) in relation to a scheme provided by a person specified
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by virtue of paragraph (d);
(f)
provision for a specified person to review qualifying complaints, or
specified descriptions of qualifying complaints, otherwise than under
the scheme;
(g)
provision requiring the payment of fees by the governing bodies of
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qualifying institutions to a person specified by virtue of paragraph (f);
(h)
provision requiring the designated operator to provide such
information and assistance as the Secretary of State or the Assembly
considers necessary—
(i)
for the Secretary of State or the Assembly to make provision
25
under this section; or
(ii)
for any person to comply with, or act under or in accordance
with, provision made under this section.
(3)
The Secretary of State or the Assembly may be specified by virtue of subsection
(2)(d), but not by virtue of subsection (2)(f).
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(4)
In this section—

“the scheme” means the scheme for the review of qualifying complaints
that the designated operator provides or has been providing;

“specified” means specified in an order under this section.
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Exclusion of visitor’s jurisdiction
35
(1)
The visitor of a qualifying institution has no jurisdiction in respect of any
complaint which falls within subsection (2) or (3).
(2)
A complaint falls within this subsection if it is made in respect of an application
for admission to the qualifying institution as a student.
(3)
A complaint falls within this subsection if it is made by a person—
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(a)
as a student or former student at the qualifying institution, or
(b)
as a student or former student at another institution (whether or not a
qualifying institution) undertaking a course of study, or programme of
research, leading to the grant of one of the qualifying institution’s
awards.
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