|
| |
|
18 | Provision where designation of operator to cease |
| |
| |
(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 |
| |
(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 |
| |
| |
(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, |
| 15 |
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 |
| 20 |
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 |
| 25 |
| |
(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 |
| 30 |
| |
(i) | for the Secretary of State or the Assembly to make provision |
| |
| |
(ii) | for any person to comply with, or act under or in accordance |
| |
with, provision made under this section. |
| 35 |
(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). |
| |
| |
| “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. |
| |
|
| |
|
| |
|
(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 |
| |
20 | Interpretation of Part 2 |
| |
| |
| “award” means any degree, diploma, certificate or other academic award |
| |
| 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 |
| |
| “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), |
| |
| 20 |
(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. |
| 25 |
| |
Student fees in higher education |
| |
| |
21 | Meaning of “plan” etc. |
| |
| 30 |
(a) | any reference to a plan is a reference to a plan complying with section |
| |
| |
(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. |
| 35 |
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 |
| 40 |
impose a condition under section 23 in relation to any grants, loans or other |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
| 5 |
(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 |
| |
| 10 |
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 |
| |
| |
(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 |
| 15 |
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. |
| 25 |
(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 |
| 30 |
| |
(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 |
| 35 |
the imposition by the funding body on the governing body of |
| |
any financial requirements required by a direction under |
| |
| |
(ii) | where the qualifying fees exceed that amount, for the |
| |
imposition by the funding body on the governing body of any |
| 40 |
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 |
| 45 |
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 |
| |
|
| |
|
| |
|
(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, |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
| 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 |
| |
| |
| “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 |
| |
| 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 |
| |
| |
| “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 |
| 45 |
prescribed for the purposes of this section; |
| |
| “relevant institution” has the same meaning as in section 22. |
| |
|
| |
|