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Higher Education Bill


Higher Education Bill
Part 2 — Review of student complaints

7

 

18      

Provision where designation of operator to cease

(1)   

Where—

(a)   

an agreement to terminate a designation has been made under

paragraph 2 of Schedule 4,

(b)   

notice to terminate a designation has been given under paragraph 4 or

5

6 of Schedule 4, or

(c)   

the designated operator has ceased to exist,

   

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.

10

(2)   

The provision that may be made under this section includes any one or more

of the following—

(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,

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the provisions of the scheme;

(c)   

provision about the fees payable under the scheme, including provision

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

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scheme provided by the designated operator to apply (with or without

modifications) in relation to a scheme provided by a person specified

by virtue of paragraph (d);

(f)   

provision for a specified person to review qualifying complaints, or

specified descriptions of qualifying complaints, otherwise than under

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the scheme;

(g)   

provision requiring the payment of fees by the governing bodies of

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

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considers necessary—

(i)   

for the Secretary of State or the Assembly to make provision

under this section; or

(ii)   

for any person to comply with, or act under or in accordance

with, provision made under this section.

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(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).

(4)   

In this section—

   

“the scheme” means the scheme for the review of qualifying complaints

that the designated operator provides or has been providing;

40

   

“specified” means specified in an order under this section.

19      

Exclusion of visitor’s jurisdiction

(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

45

for admission to the qualifying institution as a student.

 

 

Higher Education Bill
Part 3 — Student fees in higher education

8

 

(3)   

A complaint falls within this subsection if it is made by a person—

(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

5

awards.

20      

Interpretation of Part 2

In this Part—

“award” means any degree, diploma, certificate or other academic award

or distinction;

10

“designated operator” has the meaning given by section 13(5)(b);

“the effective date” has the meaning given by section 13(5)(a);

“governing body” has the meaning given by section 90(1) of the 1992 Act,

but subject to any provision made by virtue of section 90(2) of that Act;

“higher education corporation” has the meaning given by section 90(1) of

15

the 1992 Act;

“interested parties”, in relation to a scheme for the review of qualifying

complaints provided or to be provided by a body corporate, means—

(a)   

qualifying institutions in England or Wales (as the case may be),

and

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(b)   

persons selected by the body corporate from amongst those it

considers to represent the interests of students at qualifying

institutions in England or Wales (as the case may be);

“qualifying complaint” has the meaning given by section 12;

“qualifying institution” has the meaning given by section 11.

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Part 3

Student fees in higher education

Introductory

21      

Meaning of “plan” etc.

In this Part—

30

(a)   

any reference to a plan is a reference to a plan complying with section

31, and

(b)   

any reference to an English approved plan or a Welsh approved plan is

a reference to a plan approved under section 32 in relation to England,

or as the case may be, in relation to Wales.

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Imposition of conditions as to fees

22      

Power of Secretary of State to impose condition as to student fees, etc.

(1)   

The power of the Secretary of State to impose conditions under section 68(1) of

the 1992 Act or section 7(1) of the 1994 Act in relation to grants paid to a

funding body includes power to impose a condition requiring that body to

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impose a condition under section 23 in relation to any grants, loans or other

 

 

Higher Education Bill
Part 3 — Student fees in higher education

9

 

payments made by that body under section 65 of the 1992 Act, or (as the case

may be) section 5 of the 1994 Act, to the governing body of a relevant

institution.

(2)   

In this section—

   

“funding body” means—

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(a)   

the Higher Education Funding Council for England, or

(b)   

the Teacher Training Agency;

“relevant institution” means an institution specified by the Secretary of

State in a condition under subsection (1), or an institution of a class so

specified.

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23      

Condition that may be required to be imposed by English funding bodies

(1)   

A condition under this section requires the governing body of the relevant

institution—

(a)   

to secure that, in respect of any qualifying course, the qualifying fees in

respect of any academic year which begins during the grant period at a

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time when an English approved plan is in force in relation to the

institution do not exceed such limit, not exceeding the higher amount,

as is provided by the plan for that course and that academic year,

(b)   

to secure that, in respect of any qualifying course, the qualifying fees in

respect of any academic year which begins during the grant period at a

20

time when no English approved plan is in force in relation to the

institution do not exceed the basic amount, and

(c)   

to comply with the general provisions of any English approved plan

that is in force in relation to the institution during any part of the grant

period during which it is in force.

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(2)   

For the purposes of subsection (1)—

(a)   

an academic year which begins at the same time as the grant period is

to be taken to begin during the grant period, and

(b)   

an academic year which begins with the day on which an English

approved plan comes into force is to be taken to begin at a time when

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the plan is in force.

(3)   

A condition under this section must provide—

(a)   

in the event of a failure by the governing body to comply with the

requirement specified in subsection (1)(a)—

(i)   

where the qualifying fees do not exceed the higher amount, for

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the imposition by the funding body on the governing body of

any financial requirements required by a direction under

section 35(1)(a), and

(ii)   

where the qualifying fees exceed that amount, for the

imposition by the funding body on the governing body of any

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financial requirements required by a direction under section

35(1)(a) and of other financial requirements determined by the

funding body in accordance with principles specified by the

Secretary of State in the condition under section 22,

(b)   

in the event of a failure by the governing body to comply with the

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requirement specified in subsection (1)(b), for the imposition by the

funding body on the governing body of financial requirements

determined by the funding body in accordance with principles

specified by the Secretary of State in the condition under section 22, and

 

 

Higher Education Bill
Part 3 — Student fees in higher education

10

 

(c)   

in the event of a failure by the governing body to comply with the

requirement specified in subsection (1)(c), for the imposition by the

funding body on the governing body of any financial requirements

required by a direction under section 35(1)(a).

(4)   

Any financial requirements imposed by virtue of subsection (3) must relate to

5

one or more of the following—

(a)   

the repayment, with or without interest, of the whole or any part of any

sums received by the governing body in respect of the grant, loan or

other payment in question,

(b)   

the withdrawal or reduction of any amount that has been awarded but

10

not yet paid in respect of the grant, loan or other payment in question,

or

(c)   

the refusal to award (or to award to the extent expected) any other

grant, loan or other payment under section 65 of the 1992 Act or (as the

case may be) section 5 of the 1994 Act in respect of the grant period or

15

any subsequent period.

(5)   

Where—

(a)   

a condition is imposed under this section in connection with any grants,

loans or other payments made to the governing body of a relevant

institution, and

20

(b)   

those payments are to any extent made in respect of persons

undertaking a course which is provided in whole or part by any other

institution,

   

then, for the purposes of this section, fees payable by such persons to the other

institution are to be regarded as fees payable by them to the relevant

25

institution.

(6)   

In this section—

   

“academic year”, in relation to a course, means an academic year

applicable to the course;

   

“the basic amount” means such amount as may be prescribed for the

30

purposes of this section as the basic amount;

   

“funding body” has the same meaning as in section 22;

   

“the grant period” means the period in respect of which the grants, loans,

or other payments to which the relevant condition under section 22

relates are made;

35

   

“the higher amount” means such amount as may be prescribed for the

purposes of this section as the higher amount;

   

“prescribed” means prescribed by regulations made by the Secretary of

State;

   

“qualifying course” means a course of any description prescribed for the

40

purposes of this section;

   

“qualifying fees”, in relation to a relevant institution, means the fees

payable to the institution by a qualifying person in connection with his

undertaking a qualifying course;

   

“qualifying person” means a person falling within any class of persons

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prescribed for the purposes of this section;

   

“relevant institution” has the same meaning as in section 22.

 

 

 
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