Higher Education Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Higher Education Bill

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

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
15
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
20
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,
25

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
5
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
10
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—
15
(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
20
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
25
(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
30
(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.
35
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—
40
(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
10
fees in connection with the operation of the scheme.
9
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.
15
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
20
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—
25
(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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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
30
(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—
35
(a)
conduct a review of the scheme or its operation (or any aspect of
either of those matters), and
(b)
report the results of the review to the Secretary of State or Assembly.

Higher Education Bill
Schedule 4 — Termination of designation of operator of student complaints scheme
Part 1 — Circumstances in which designation terminated
28

      (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.
Supply of information
5
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.
Period during which the designated operator must comply with duties
10
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
on which notice of designation is received in accordance with section
15
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
10
Where by virtue of this Schedule the designated operator is under a duty to
20
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
Section 16

Termination of designation of operator of student complaints scheme
25
Part 1
Circumstances in which designation terminated
Introduction
1
This Part of this Schedule sets out the circumstances in which the
designation of a body corporate under section 13 is terminated.
30
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.
3
In this case the designation is terminated on the date specified in the
35
agreement.

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

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
when the designation is to terminate.
      (2)
Notice under this paragraph is valid only if the period between—
5
(a)
the date when the notice is given, and
(b)
the date specified in the notice,

is one year or longer.
5
In this case the designation is terminated on the date specified in the notice.
Notice given by Secretary of State or Assembly
10
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.
      (2)
Notice under this paragraph may not be given unless the Secretary of State
or the Assembly—
15
(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
section 14.
      (3)
Notice under this paragraph is valid only if the period between—
20
(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.
7
In this case the designation is terminated on the date specified in the notice.
Operator ceases to exist
25
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.
Part 2
Agreement made or notice given under Part 1: supplementary provision
30
Introduction
10    (1)
This Part of this Schedule applies where—
(a)
the designated operator and the Secretary of State or the Assembly
have made an agreement under paragraph 2,
(b)
the designated operator has given notice under paragraph 4, or
35
(c)
the Secretary of State or the Assembly has given notice under
paragraph 6.
      (2)
In this Part—
“original instrument of termination” means the agreement or notice
referred to in sub-paragraph (1);
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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
30

“termination date” means the date specified in an agreement under
paragraph 2, or notice under paragraph 4 or 6, as the date when the
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—
5
(a)
the designated operator and the Secretary of State or the Assembly
may not make an agreement, or a new agreement, under paragraph
2,
(b)
the designated operator may not give a notice, or a new notice, under
paragraph 4, and
10
(c)
the Secretary of State or the Assembly may not—
(i)
give a notice under paragraph 6 except in accordance with
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
15
if—
(a)
the original instrument of termination is—
(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
20
before the termination date specified in the original instrument of
termination.
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
25
11(2), or
(b)
the designation in question is terminated in accordance with
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.
30
      (2)
Accordingly such an agreement continues in force until—
(a)
the designation is terminated in accordance with the agreement, or
(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—
35
(a)
the designation is terminated in accordance with the notice, or
(b)
the notice is superseded in accordance with paragraph 12.