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Higher Education Bill


Higher Education Bill
Schedule 3 — Duties of designated operator of student complaints scheme

27

 

Schedule 3

Section 14

 

Duties of designated operator of student complaints scheme

Introduction

1          

This Schedule sets out the duties referred to in section 14 and the period

during which those duties must be complied with.

5

Provision of scheme

2          

The designated operator must provide a scheme for the review of qualifying

complaints which meets all of the conditions set out in Schedule 2.

Publication of scheme

3          

The designated operator must publish the latest version of the scheme in

10

such manner as it thinks fit.

Changes to scheme

4          

The designated operator must not make any change to a provision of the

scheme to which a condition set out in Schedule 2 relates unless the operator

has first—

15

(a)   

consulted interested parties about the proposed change, and

(b)   

notified the Secretary of State or the Assembly (as the case requires)

of the proposed change.

Compliance with scheme

5          

The designated operator must comply with any requirements that the

20

scheme imposes on it.

Annual report

6     (1)  

The designated operator must—

(a)   

produce an annual report on the scheme and its operation, and

(b)   

publish the report in such manner as it thinks fit.

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      (2)  

The report must include information about—

(a)   

complaints referred under the scheme,

(b)   

the decisions and recommendations made by reviewers,

(c)   

the extent to which recommendations made by reviewers have been

followed, and

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(d)   

the way in which the operator has used the fees (if any) paid in

connection with the scheme.

Review

7     (1)  

This paragraph applies if the Secretary of State or the Assembly requests the

designated body to—

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(a)   

conduct a review of the scheme or its operation (or any aspect of

either of those matters), and

 

 

Higher Education Bill
Schedule 4 — Termination of designation of operator of student complaints scheme
Part 1 — Circumstances in which designation terminated

28

 

(b)   

report the results of the review to the Secretary of State or Assembly.

      (2)  

The designated body must comply with the request within such time as may

be specified by the Secretary of State or the Assembly.

      (3)  

In conducting the review, the designated body must comply with any

particular requirements imposed by the Secretary of State or the Assembly.

5

Supply of information

8          

The designated operator must provide the Secretary of State or the

Assembly with such information about itself, and the scheme and its

operation, as the Secretary of State or the Assembly may reasonably require

for the purposes of his or the Assembly’s functions under Part 2 of this Act.

10

Period during which the designated operator must comply with duties

9     (1)  

The duties set out in this Schedule apply from the relevant date and cease to

apply only if the designation is terminated.

      (2)  

The “relevant date” means—

(a)   

in relation to the duties set out in paragraphs 3, 4, 5 and 8, the date

15

on which notice of designation is received in accordance with section

13(4)(a), and

(b)   

in relation to the duties set out in the other paragraphs, the effective

date of the designation.

Duties to publish information: further provision

20

10         

Where by virtue of this Schedule the designated operator is under a duty to

publish information, it must, in choosing the manner in which the

information is to be published, have regard to the object of making that

information available to interested parties.

Schedule 4

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Section 16

 

Termination of designation of operator of student complaints scheme

Part 1

Circumstances in which designation terminated

Introduction

1          

This Part of this Schedule sets out the circumstances in which the

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designation of a body corporate under section 13 is terminated.

Agreement

2          

The designation is terminated if the designated operator and the Secretary

of State or the Assembly (as the case may be) make an agreement which

specifies a date when the designation is to terminate.

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Higher Education Bill
Schedule 4 — Termination of designation of operator of student complaints scheme
Part 2 — Agreement made or notice given under Part 1: supplementary provision

29

 

3          

In this case the designation is terminated on the date specified in the

agreement.

Notice given by the designated operator

4     (1)  

The designation is terminated if the designated operator gives the Secretary

of State or the Assembly (as the case may be) notice which specifies a date

5

when the designation is to terminate.

      (2)  

Notice under this paragraph is valid only if the period between—

(a)   

the date when the notice is given, and

(b)   

the date specified in the notice,

           

is one year or longer.

10

5          

In this case the designation is terminated on the date specified in the notice.

Notice given by Secretary of State or Assembly

6     (1)  

The designation is terminated if the Secretary of State or the Assembly (as

the case may be) gives the designated operator notice which specifies a date

when the designation is to terminate.

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      (2)  

Notice under this paragraph may not be given unless the Secretary of State

or the Assembly—

(a)   

is no longer satisfied that the designated operator meets all of the

conditions in Schedule 1, or

(b)   

is satisfied that the designated operator has failed to comply with

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section 14.

      (3)  

Notice under this paragraph is valid only if the period between—

(a)   

the date when the notice is given, and

(b)   

the date specified in the notice,

           

is such as the Secretary of State or the Assembly considers reasonable.

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7          

In this case the designation is terminated on the date specified in the notice.

Operator ceases to exist

8          

The designation is terminated if the designated operator ceases to exist.

9          

In this case the designation is terminated on the date when the operator

ceases to exist.

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Part 2

Agreement made or notice given under Part 1: supplementary provision

Introduction

10    (1)  

This Part of this Schedule applies where—

(a)   

the designated operator and the Secretary of State or the Assembly

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have made an agreement under paragraph 2,

(b)   

the designated operator has given notice under paragraph 4, or

(c)   

the Secretary of State or the Assembly has given notice under

paragraph 6.

 

 

Higher Education Bill
Schedule 4 — Termination of designation of operator of student complaints scheme
Part 2 — Agreement made or notice given under Part 1: supplementary provision

30

 

      (2)  

In this Part—

“original instrument of termination” means the agreement or notice

referred to in sub-paragraph (1);

“termination date” means the date specified in an agreement under

paragraph 2, or notice under paragraph 4 or 6, as the date when the

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designation in question is to terminate.

Effect of agreement or notice on provisions of Part 1 of Schedule

11    (1)  

Where this Part of this Schedule applies—

(a)   

the designated operator and the Secretary of State or the Assembly

may not make an agreement, or a new agreement, under paragraph

10

2,

(b)   

the designated operator may not give a notice, or a new notice, under

paragraph 4, and

(c)   

the Secretary of State or the Assembly may not—

(i)   

give a notice under paragraph 6 except in accordance with

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sub-paragraph (2) below, or

(ii)   

give a new notice under paragraph 6.

      (2)  

The Secretary of State or the Assembly may give a notice under paragraph 6

if—

(a)   

the original instrument of termination is—

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(i)   

an agreement under paragraph 2, or

(ii)   

a notice under paragraph 4, and

(b)   

the termination date specified in the notice under paragraph 6 falls

before the termination date specified in the original instrument of

termination.

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Circumstances in which agreement or notice superseded

12         

The original instrument of termination is superseded only if—

(a)   

notice under paragraph 6 is given in accordance with paragraph

11(2), or

(b)   

the designation in question is terminated in accordance with

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paragraph 8 (operator ceases to exist).

Agreement or notice not capable of variation or cancellation or revocation

13    (1)  

An agreement made under paragraph 2 may not be varied or cancelled.

      (2)  

Accordingly such an agreement continues in force until—

(a)   

the designation is terminated in accordance with the agreement, or

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(b)   

the agreement is superseded in accordance with paragraph 12.

14    (1)  

Notice given under paragraph 4 or 6 may not be varied or revoked.

      (2)  

Accordingly such notice continues in force until—

(a)   

the designation is terminated in accordance with the notice, or

(b)   

the notice is superseded in accordance with paragraph 12.

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