(1-4)

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
HIGHER EDUCATION BILL
[The page and line references are to HL Bill 56, the bill as first printed for the Lords.]
After Clause 18
1
Insert the following new Clause—


“Extension of period within which discrimination proceedings must be

brought

(1)
In section 76 of the Sex Discrimination Act 1975 (c. 65) (period within which

proceedings to be brought) after subsection (2) insert—

“(2A)
Where in England and Wales—

(a)
proceedings or prospective proceedings under section 66

relate to the act or omission of a qualifying institution, and

(b)
the dispute concerned is referred as a complaint under the

student complaints scheme before the end of the period of

six months mentioned in subsection (2)(a),


the period allowed by subsection (2)(a) shall be extended by two

months.

(2B)
In subsection (2A)—


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

the Higher Education Act 2004;


“the student complaints scheme” means a scheme for the

review of qualifying complaints, as defined by section 12 of

that Act, that is provided by the designated operator, as

defined by section 13(5)(b) of that Act.”

Bill 124 53/3

(  2  )

(2)
In section 68 of the Race Relations Act 1976 (c. 74) (period within which

proceedings to be brought) after subsection (3) insert—

“(3A)
Where in England and Wales—

(a)
proceedings or prospective proceedings by way of a claim

under section 57 relate to the act or omission of a qualifying

institution,

(b)
the dispute concerned is referred as a complaint under the

student complaints scheme before the end of the period of

six months mentioned in subsection (2), and

(c)
subsection (3) does not apply,


the period allowed by subsection (2) for instituting proceedings in

respect of the claim shall be extended by two months.

(3B)
In subsection (3A)—


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

the Higher Education Act 2004;


“the student complaints scheme” means a scheme for the

review of qualifying complaints, as defined by section 12 of

that Act, that is provided by the designated operator, as

defined by section 13(5)(b) of that Act.”

(3)
In Schedule 3 to the Disability Discrimination Act 1995 (c. 50) (enforcement

and procedure), in paragraph 13 (period within which proceedings must

be brought) for sub-paragraph (2) substitute—

“(2)
If, in relation to proceedings or prospective proceedings under

section 28V—

(a)
the dispute concerned is referred for conciliation in

pursuance of arrangements under section 31B before the

end of the period of six months mentioned in sub-paragraph

(1), or

(b)
in England and Wales, in a case not falling within paragraph

(a), the dispute concerned relates to the act or omission of a

qualifying institution and is referred as a complaint under

the student complaints scheme before the end of that

period,


the period of six months allowed by sub-paragraph (1) shall be

extended by two months.

(2A)
In sub-paragraph (2)(b)—


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

the Higher Education Act 2004;


“the student complaints scheme” means a scheme for the

review of qualifying complaints, as defined by section 12 of

that Act, that is provided by the designated operator, as

defined by section 13(5)(b) of that Act.”
Clause 23
2
Page 9, line 18, at end insert—

“( )
to ensure that, in respect of any qualifying course, no qualifying

fees are charged to any eligible student for any academic year

beyond the first three years of a first degree course.”

(  3  )
3
Page 9, line 18, at end insert—

“( )
A condition under this section must require the governing body of the

relevant institution to secure that, in respect of any qualifying course, the

qualifying fees charged to a person do not exceed the basic amount if that

person—

(a)
had on or before 1st August 2005 received an offer of a place on a

designated course or on a similar course which is no longer offered,

in either case the first year of which begins before 1st September

2007, and whether conditional on obtaining specified qualifications

or not; or

(b)
had received an offer of a place on a designated course the first year

of which begins before 1st September 2006, and—

(i)
he was not able to take up the offer because a specified

qualification or grade was not awarded to him,

(ii)
he appealed against the decision not to award the

qualification or grade to him,

(iii)
the appeal was allowed after the last date when he could

have taken up the offer, and

(iv)
as a result he was offered a place on the course for a year

which begins on or after 1st September 2006 and before 1st

September 2007.

( )
For the purposes of this section, a course is similar to a designated course,

whether or not it is at the same institution, if—

(a)
it leads to a degree or other qualification which is the same as the

degree or other qualification which the designated course leads to,

and

(b)
the governing body of the institution at which the designated

course would be studied is satisfied that the subject matter of the

designated course is for the most part the same as the subject matter

of the other course.”
Clause 27
4
Page 13, line 32, at end insert—

“( )
Student fees paid to relevant institutions pursuant to this Act shall in

principle be additional to and not in replacement of state funding provided

for and in respect of the teaching of undergraduate students at such

institutions which funding will be at an annual real level per student not

less than the average provided over the previous three years.”
Clause 29
5
Page 14, line 4, at end insert “who shall be subject to the principles of the Civil

Service Commissioners’ Recruitment Code”
6
Page 14, line 4, at end insert—

“(3)
The Director is to have such functions relating to plans as are conferred on

him by or under this Part.

(4)
In addition, the Director may, where he considers it appropriate to do so—

(  4  )

(a)
identify good practice relating to the promotion of equality of

opportunity in connection with access to higher education (whether

full-time or part-time), and

(b)
give advice about such practice to publicly-funded institutions.

(5)
In subsection (4)(b), “publicly-funded institution” means any institution

receiving grants, loans or other payments from the Higher Education

Funding Council for England under section 65 of the 1992 Act or from the

Teacher Training Agency under section 5 of the 1994 Act.”
Clause 30
7
Page 14, line 9, after “education” insert “(including part-time higher education in

so far as his functions are exercisable in relation to it)”
8
Page 14, line 9, leave out from “education” to end of line 11 and insert—

“( )
In the performance of his functions under this Part, the Director has a duty

to protect academic freedom, including, in particular, the freedom of

institutions—

(a)
to determine the contents of particular courses and the manner in

which they are taught, supervised or assessed, and

(b)
to determine the criteria for the admission of students and apply

those criteria in particular cases.

( )
The Director must, in the performance of his functions under this Part, have

regard to any guidance given to him by the Secretary of State.”
Clause 31
9
Page 14, line 21, leave out subsection (2) and insert—

“(1A)
In relation to England, a plan under this section—

(a)
must also include such provisions relating to the promotion

of equality of opportunity as are required by regulations to

be included in the plan, and

(b)
may also include further provisions relating to the

promotion of equality of opportunity.

(1B)
In relation to Wales, a plan under this section—

(a)
must also include such provisions relating to—

(i)
the promotion of equality of opportunity, or

(ii)
the promotion of higher education,


as are required by regulations to be included in the plan,

and

(b)
may also include further provisions relating to either of

those matters.”
10
Page 14, line 30, leave out “subsection (2)” and insert “subsection (1A) or (1B)”
11
Page 14, line 32, leave out “subsection (2)” and insert “subsection (1A) or (1B)”
12
Page 14, line 42, leave out from “objectives” to end of line 43 and insert “relating

to the promotion of equality of opportunity and, in relation to Wales, the

promotion of higher education”