Higher Education Bill

House of Commons

Session 2003 - 04
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Higher Education Bill

Higher Education Bill
Schedule 5 — The Director of Fair Access to Higher Education: supplementary provisions
31

Schedule 5
Section 29

The Director of Fair Access to Higher Education: supplementary provisions
Status, appointment and remuneration of Director
1
The Director and his staff are not to be regarded as servants or agents of the
Crown.
5
2     (1)
The Director is to hold and vacate office in accordance with the terms of his
appointment, but—
(a)
may not be appointed for a term of more than three years, and
(b)
may at any time resign by giving written notice to the Secretary of
State.
10
      (2)
The previous appointment of a person as Director does not affect his
eligibility for re-appointment.
3
There are to be paid to the Director such remuneration and allowances as the
Secretary of State may determine.
Staff
15
4     (1)
The Director may appoint such staff as he may determine.
      (2)
The remuneration and other conditions of service of any person appointed
under this paragraph are to be determined by the Director.
Arrangements with Higher Education Funding Council for England
5
The Director and the Higher Education Funding Council for England may
20
enter into arrangements with each other for the provision to the Director by
the Council, on such terms as may be agreed, of staff, accommodation or
services.
Finance
6
The Secretary of State may make payments to the Director.
25
Reports
7     (1)
The Director must provide to the Secretary of State, as soon as possible after
the end of each financial year, a report on how he has performed his
functions during that year.
      (2)
The Secretary of State may by direction require the Director, either in a
30
report under sub-paragraph (1) or in a special report, to report to him on
such matters related to access to higher education as may be specified in the
direction.
      (3)
The Secretary of State must lay before each House of Parliament a copy of
each report provided to him under this paragraph; and the Director must
35
publish the report once it has been so laid.
      (4)
In this paragraph and paragraph 8 “financial year” means—
(a)
the period beginning with the date on which the first Director takes
office and ending with the next 31st March, and

Higher Education Bill
Schedule 6 — Consequential amendments
32

(b)
each subsequent period of twelve months ending with 31st March.
Accounts
8     (1)
It is the duty of the Director—
(a)
to keep proper accounts and proper records in relation to the
accounts,
5
(b)
to prepare in respect of each financial year a statement of the
accounts in such form as the Secretary of State may direct, and
(c)
to send copies of the statement to the Secretary of State and the
Comptroller and Auditor General before the end of the month of
August next following the financial year to which the statement
10
relates.
      (2)
The Comptroller and Auditor General must examine, certify and report on
each statement received by him in pursuance of this paragraph, and must
lay copies of each statement and of his report before each House of
Parliament.
15
Schedule 6
Section 45

Consequential amendments
Public Records Act 1958 (c. 51)
1
In Schedule 1 to the Public Records Act 1958 (definition of public records) in
Part 2 of the Table at the end of paragraph 3 (other establishments and
20
organisations) insert at the appropriate place “Director of Fair Access to
Higher Education”.
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation), insert at the appropriate place “The Arts and
25
Humanities Research Council.”.
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (which lists the kinds of
employment etc. to which a scheme under that Act can apply) omit “The
Arts and Humanities Research Board”.
30
House of Commons Disqualification Act 1975 (c. 24)
4
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership), in Part 3 (other disqualifying offices) insert
at the appropriate places—

“Chairman, Deputy Chairman or Chief Executive of the Arts and
35
Humanities Research Council.”, and

“Director of Fair Access to Higher Education.”

Higher Education Bill
Schedule 7 — Repeals
33

Patents Act 1977 (c. 37)
5
In section 41 of the Patents Act 1977 (amount of compensation awarded to
employees in relation to patent for an invention), in subsection (3) after
“Science and Technology Act 1965” insert “or the Arts and Humanities
Research Council (as defined by section 1 of the Higher Education Act
5
2004)”.
Further Education Act 1985 (c. 47)
6
In section 2 of the Further Education Act 1985 (power of local education
authorities to supply goods or services through further or higher education
institutions), in subsection (4)(a) after “Science and Technology Act 1965”
10
insert “or for the Arts and Humanities Research Council (as defined by
section 1 of the Higher Education Act 2004)”.
Teaching and Higher Education Act 1998 (c. 30)
7
Omit section 26 of the 1998 Act (imposition of conditions as to fees at further
or higher education institutions).
15
8
In section 28 of the 1998 Act (interpretation of Chapter 1 of Part 2), in
subsection (1) omit the definitions of “fees” and “publicly-funded
institution”.
9
In section 42 of the 1998 Act (orders and regulations), for subsection (5)
substitute—
20
“(5)
That subsection also does not apply to any other regulations under
section 22 a draft of which has been laid before, and approved by a
resolution of, each House of Parliament.”
Freedom of Information Act 2000 (c. 36)
10
In Schedule 1 to the Freedom of Information Act 2000 (public authorities for
25
the purposes of the Act), in Part 6 (other public bodies and offices: general),
insert at the appropriate places—

“The Arts and Humanities Research Council.”, and

“The Director of Fair Access to Higher Education.”
Schedule 7
30
Section 46

Repeals

Short title and chapter
Extent of repeal

Superannuation Act 1972 (c. 11)
In Schedule 1, the entry relating to the Arts and

Humanities Research Board.

Teaching and Higher Education
In section 22, subsection (7) and, in subsection

35

Act 1998 (c. 30)
(8), the words “or (7)(a)”.

Section 26.

In section 28(1), the definitions of “fees” and

“publicly-funded institution”.

Higher Education Bill
Schedule 7 — Repeals
34

Short title and chapter
Extent of repeal

Learning and Skills Act 2000
Section 146(4) and (5).

(c. 21)
In Schedule 9, paragraphs 74 and 75.