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[The page and line references are to HL Bill 56, the bill as first printed for the Lords.] |
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1 | Insert the following new Clause— |
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| | “Extension of period within which discrimination proceedings must be |
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| (1) | In section 76 of the Sex Discrimination Act 1975 (c. 65) (period within which |
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| proceedings to be brought) after subsection (2) insert— |
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| “(2A) | Where in England and Wales— |
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| (a) | proceedings or prospective proceedings under section 66 |
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| relate to the act or omission of a qualifying institution, and |
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| (b) | the dispute concerned is referred as a complaint under the |
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| student complaints scheme before the end of the period of |
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| six months mentioned in subsection (2)(a), |
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| | the period allowed by subsection (2)(a) shall be extended by two |
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| | “qualifying institution” has the meaning given by section 11 of |
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| the Higher Education Act 2004; |
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| | “the student complaints scheme” means a scheme for the |
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| review of qualifying complaints, as defined by section 12 of |
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| that Act, that is provided by the designated operator, as |
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| defined by section 13(5)(b) of that Act.” |
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| (2) | In section 68 of the Race Relations Act 1976 (c. 74) (period within which |
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| proceedings to be brought) after subsection (3) insert— |
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| “(3A) | Where in England and Wales— |
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| (a) | proceedings or prospective proceedings by way of a claim |
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| under section 57 relate to the act or omission of a qualifying |
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| (b) | the dispute concerned is referred as a complaint under the |
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| student complaints scheme before the end of the period of |
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| six months mentioned in subsection (2), and |
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| (c) | subsection (3) does not apply, |
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| | the period allowed by subsection (2) for instituting proceedings in |
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| respect of the claim shall be extended by two months. |
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| | “qualifying institution” has the meaning given by section 11 of |
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| the Higher Education Act 2004; |
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| | “the student complaints scheme” means a scheme for the |
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| review of qualifying complaints, as defined by section 12 of |
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| that Act, that is provided by the designated operator, as |
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| defined by section 13(5)(b) of that Act.” |
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| (3) | In Schedule 3 to the Disability Discrimination Act 1995 (c. 50) (enforcement |
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| and procedure), in paragraph 13 (period within which proceedings must |
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| be brought) for sub-paragraph (2) substitute— |
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| “(2) | If, in relation to proceedings or prospective proceedings under |
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| (a) | the dispute concerned is referred for conciliation in |
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| pursuance of arrangements under section 31B before the |
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| end of the period of six months mentioned in sub-paragraph |
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| (b) | in England and Wales, in a case not falling within paragraph |
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| (a), the dispute concerned relates to the act or omission of a |
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| qualifying institution and is referred as a complaint under |
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| the student complaints scheme before the end of that |
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| | the period of six months allowed by sub-paragraph (1) shall be |
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| (2A) | In sub-paragraph (2)(b)— |
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| | “qualifying institution” has the meaning given by section 11 of |
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| the Higher Education Act 2004; |
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| | “the student complaints scheme” means a scheme for the |
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| review of qualifying complaints, as defined by section 12 of |
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| that Act, that is provided by the designated operator, as |
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| defined by section 13(5)(b) of that Act.” |
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2 | Page 9, line 18, at end insert— |
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| “( ) | to ensure that, in respect of any qualifying course, no qualifying |
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| fees are charged to any eligible student for any academic year |
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| beyond the first three years of a first degree course.” |
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3 | Page 9, line 18, at end insert— |
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| “( ) | A condition under this section must require the governing body of the |
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| relevant institution to secure that, in respect of any qualifying course, the |
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| qualifying fees charged to a person do not exceed the basic amount if that |
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| (a) | had on or before 1st August 2005 received an offer of a place on a |
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| designated course or on a similar course which is no longer offered, |
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| in either case the first year of which begins before 1st September |
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| 2007, and whether conditional on obtaining specified qualifications |
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| (b) | had received an offer of a place on a designated course the first year |
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| of which begins before 1st September 2006, and— |
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| (i) | he was not able to take up the offer because a specified |
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| qualification or grade was not awarded to him, |
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| (ii) | he appealed against the decision not to award the |
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| qualification or grade to him, |
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| (iii) | the appeal was allowed after the last date when he could |
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| have taken up the offer, and |
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| (iv) | as a result he was offered a place on the course for a year |
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| which begins on or after 1st September 2006 and before 1st |
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| ( ) | For the purposes of this section, a course is similar to a designated course, |
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| whether or not it is at the same institution, if— |
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| (a) | it leads to a degree or other qualification which is the same as the |
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| degree or other qualification which the designated course leads to, |
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| (b) | the governing body of the institution at which the designated |
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| course would be studied is satisfied that the subject matter of the |
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| designated course is for the most part the same as the subject matter |
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4 | Page 13, line 32, at end insert— |
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| “( ) | Student fees paid to relevant institutions pursuant to this Act shall in |
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| principle be additional to and not in replacement of state funding provided |
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| for and in respect of the teaching of undergraduate students at such |
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| institutions which funding will be at an annual real level per student not |
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| less than the average provided over the previous three years.” |
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5 | Page 14, line 4, at end insert “who shall be subject to the principles of the Civil |
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| Service Commissioners’ Recruitment Code” |
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6 | Page 14, line 4, at end insert— |
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| “(3) | The Director is to have such functions relating to plans as are conferred on |
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| him by or under this Part. |
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| (4) | In addition, the Director may, where he considers it appropriate to do so— |
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| (a) | identify good practice relating to the promotion of equality of |
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| opportunity in connection with access to higher education (whether |
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| full-time or part-time), and |
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| (b) | give advice about such practice to publicly-funded institutions. |
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| (5) | In subsection (4)(b), “publicly-funded institution” means any institution |
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| receiving grants, loans or other payments from the Higher Education |
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| Funding Council for England under section 65 of the 1992 Act or from the |
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| Teacher Training Agency under section 5 of the 1994 Act.” |
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7 | Page 14, line 9, after “education” insert “(including part-time higher education in |
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| so far as his functions are exercisable in relation to it)” |
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8 | Page 14, line 9, leave out from “education” to end of line 11 and insert— |
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| “( ) | In the performance of his functions under this Part, the Director has a duty |
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| to protect academic freedom, including, in particular, the freedom of |
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| (a) | to determine the contents of particular courses and the manner in |
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| which they are taught, supervised or assessed, and |
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| (b) | to determine the criteria for the admission of students and apply |
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| those criteria in particular cases. |
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| ( ) | The Director must, in the performance of his functions under this Part, have |
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| regard to any guidance given to him by the Secretary of State.” |
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9 | Page 14, line 21, leave out subsection (2) and insert— |
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| “(1A) | In relation to England, a plan under this section— |
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| (a) | must also include such provisions relating to the promotion |
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| of equality of opportunity as are required by regulations to |
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| be included in the plan, and |
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| (b) | may also include further provisions relating to the |
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| promotion of equality of opportunity. |
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| (1B) | In relation to Wales, a plan under this section— |
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| (a) | must also include such provisions relating to— |
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| (i) | the promotion of equality of opportunity, or |
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| (ii) | the promotion of higher education, |
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| | as are required by regulations to be included in the plan, |
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| (b) | may also include further provisions relating to either of |
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10 | Page 14, line 30, leave out “subsection (2)” and insert “subsection (1A) or (1B)” |
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11 | Page 14, line 32, leave out “subsection (2)” and insert “subsection (1A) or (1B)” |
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12 | Page 14, line 42, leave out from “objectives” to end of line 43 and insert “relating |
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| to the promotion of equality of opportunity and, in relation to Wales, the |
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| promotion of higher education” |
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