Higher Education Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Higher Education Bill

Higher Education Bill
Part 2 — Review of student complaints
7

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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.
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(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;
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“specified” means specified in an order under this section.
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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
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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.
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Interpretation of Part 2
In this Part—
“award” means any degree, diploma, certificate or other academic award
or distinction;
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“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
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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—
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(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
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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
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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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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
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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
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(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
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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
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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
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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
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(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
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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
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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;
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“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
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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.