Higher Education Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Higher Education Bill

Higher Education Bill
Part 5 — General
22


section 28(1), so far as relating to England;

section 29;

section 30(1);

sections 31 and 32, so far as relating to England;

sections 33 to 35, so far as enabling regulations to be made in relation to
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England;

section 37;

section 38, so far as relating to England;

section 39;

sections 43 and 44;
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section 47, this section and sections 49 and 50;

Schedule 5;

paragraph 1 of Schedule 6 and, so far as relating to the Director of Fair
Access to Higher Education, paragraphs 4 and 10 of that Schedule (and
section 45 so far as relating to those provisions).
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(2)
The following provisions (so far as not coming into force in accordance with
subsection (1)) come into force in accordance with provision made by the
Secretary of State by order—

Part 1, except section 10(2) and (3);

section 22;
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section 35;

section 40;

section 42;

paragraphs 2 to 6 and 9 and 10 of Schedule 6 (and section 45 so far as
relating to those paragraphs); and
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in Schedule 7, the repeals in the Superannuation Act 1972 (c. 11) and in
section 22 of the 1998 Act (and section 46 so far as relating to those
repeals).
(3)
The following provisions come into force in accordance with provision made
by the Assembly by order—
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section 10(2);

sections 25 and 26;

section 28(2) and (3);

section 30(2);

section 36; and
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section 41.
(4)
The Assembly may not make an order under subsection (3) in relation to
section 41 except with the agreement of the Secretary of State.
(5)
Section 10(3) comes into force in accordance with provision made by the
Scottish Ministers by order.
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(6)
Except as provided by subsections (1) to (5), the provisions of this Act come
into force—
(a)
in relation to England, in accordance with provision made by the
Secretary of State by order, and
(b)
in relation to Wales, in accordance with provision made by the
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Assembly by order.

Higher Education Bill
Part 5 — General
23

49
Extent
(1)
Subject to subsections (2) to (4), this Act extends to England and Wales only.
(2)
The following provisions also extend to Scotland and Northern Ireland—
(a)
Part 1,
(b)
section 42,
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(c)
sections 43, 44, 47 and 48, and
(d)
this section and section 50.
(3)
Subsections (1), (2) and (5) of section 39 also extend to Northern Ireland.
(4)
Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the enactment to which it relates.
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Short title, etc.
(1)
This Act may be cited as the Higher Education Act 2004.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).

Higher Education Bill
Schedule 2 — Conditions to be met by student complaints scheme
24

Schedules
Schedule 1
Section 13

Conditions to be met by operator of student complaints scheme
Introduction
1
This Schedule sets out the conditions referred to in section 13(3)(a) (and
5
other provisions of Part 2 of this Act).
Suitability
2
Condition A is that the body corporate is a suitable person to be the
designated operator.
Capability
10
3
Condition B is that the body corporate is capable of providing in an effective
manner, on and after the effective date, a scheme for the review of qualifying
complaints which meets all of the conditions set out in Schedule 2.
Schedule 2
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Section 13

Conditions to be met by student complaints scheme
Introduction
1
This Schedule sets out the conditions referred to in section 13(3)(b) (and
other provisions of Part 2 of this Act).
Qualifying institutions
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2
Condition A is that at any given time the scheme relates (as the case may
be)—
(a)
to every institution in England,
(b)
to every institution in Wales, or
(c)
to every institution in England and Wales,
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that is a qualifying institution at that time.

Higher Education Bill
Schedule 2 — Conditions to be met by student complaints scheme
25

Referral of qualifying complaints
3     (1)
Condition B is that the scheme provides that every qualifying complaint
made about the qualifying institutions to which it relates is capable of being
referred under the scheme.
      (2)
A scheme does not fail to meet condition B only because it contains some or
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all of the following—
(a)
provision that qualifying complaints are to be referred under the
scheme within a time limit specified in, or determined in accordance
with, the scheme;
(b)
provision that, where a qualifying complaint is made about a
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qualifying institution which provides an internal procedure for the
review of complaints, the complaint is not to be referred under the
scheme until the complainant has exhausted the internal procedure;
(c)
provision that a qualifying complaint is not to be referred under the
scheme if—
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(i)
relevant proceedings have been concluded, or
(ii)
relevant proceedings that have not been concluded have not
been stayed.
      (3)
In sub-paragraph (2)(c) “relevant proceedings” means proceedings relating
to the subject matter of the qualifying complaint that have been brought at
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first instance before a court or tribunal.
Individuals to review complaints
4
Condition C is that the scheme requires every qualifying complaint referred
under the scheme to be reviewed by an individual who—
(a)
is independent of the parties, and
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(b)
is suitable to review that complaint.
Review of complaint
5     (1)
Condition D is that the scheme requires a reviewer—
(a)
to make a decision as to the extent to which a qualifying complaint is
justified; and
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(b)
to make that decision as soon as reasonably practicable.
      (2)
A scheme does not fail to meet condition D only because it contains
provision that a reviewer may dismiss a qualifying complaint without
consideration of the merits if the reviewer considers the complaint to be
frivolous or vexatious.
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Recommendation of reviewer if complaint justified
6
Condition E is that the scheme provides that, in a case where a reviewer
decides that a qualifying complaint is to any extent justified, the reviewer—
(a)
may recommend the governing body of the institution to which the
complaint relates—
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(i)
to do anything specified in the recommendation (which may
include the payment of sums so specified), and
(ii)
to refrain from doing anything so specified, but
(b)
may not require any person to do, or refrain from doing, anything.

Higher Education Bill
Schedule 2 — Conditions to be met by student complaints scheme
26

Reviewers to notify parties of decisions, recommendations etc.
7
Condition F is that the scheme requires a reviewer to notify the parties to a
qualifying complaint in writing of—
(a)
the decision the reviewer has made,
(b)
the reviewer’s reasons for making that decision, and
5
(c)
if the reviewer makes a recommendation—
(i)
that recommendation, and
(ii)
the reviewer’s reasons for making that recommendation.
Fees
8
Condition G is that the scheme does not require complainants to pay any
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fees in connection with the operation of the scheme.
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Condition H is that any fees payable under the scheme by the qualifying
institutions to which it relates do not exceed the amount incurred by the
operator, taking one year with another, in providing the scheme in relation
to those institutions.
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Scheme also applying to bodies that are not qualifying institutions
10    (1)
A scheme does not fail to meet the conditions in this Schedule only because
it also relates to bodies that are not qualifying institutions.
      (2)
A scheme which relates to such bodies does not fail to meet the conditions
in this Schedule only because the provisions of the scheme that apply to such
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bodies do not meet those conditions.
Interpretation
11
In this Schedule—

“complainant” means the person making a qualifying complaint;

“parties”, in relation to a qualifying complaint, means—
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(a)
the complainant, and
(b)
the governing body of the institution about which the
complaint is made;

“reviewer”, in relation to the review of a qualifying complaint under a
scheme, means the individual who is reviewing the complaint.
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Power to amend this Schedule
12    (1)
Regulations may amend the preceding provisions of this Schedule.
      (2)
In sub-paragraph (1) “regulations” means regulations made—
(a)
in relation to schemes relating to qualifying institutions in England,
by the Secretary of State, or
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(b)
in relation to schemes relating to qualifying institutions in Wales, by
the Assembly.
      (3)
No regulations may be made by the Secretary of State under this paragraph
unless a draft of the regulations has been laid before, and approved by a
resolution of, each House of Parliament.
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