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House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

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13
Page 15, line 4, at end insert—

“( )
Regulations made under subsection (1A) or (1B) may not require a plan—

(a)
to include among the general provisions of the plan any provision

referring to particular courses or to the manner in which courses are

taught, supervised or assessed, or

(b)
to include any provision relating to the criteria for the admission of

students.”
14
Page 15, line 5, at end insert—

“equality of opportunity” means equality of opportunity in connection with access

to higher education;”
Clause 32
15
Leave out Clause 32 and insert the following new Clause—

“Approval of plans (No. 2)

(1)
The Funding Councils shall provide to the relevant authority copies of that

part of Institutions Strategic Plans relating to Fair Access arrangements,

which will then comment to each institution on the content of its plan and

may, if it thinks fit, approve the plan.

(2)
The relevant authority shall require each institution to provide an account

of the financial assistance it has provided to students.

(3)
The relevant authority shall report to Parliament each year on progress on

the plans and on financial assistance which has been provided to students

under the plans.”
Clause 33
16
Page 15, line 39, leave out from “made” to end of line 41 and insert “by the Funding

Councils”
Clause 35
17
Page 16, line 12, leave out “or (c)”
18
Page 16, line 19, at end insert—

“( )
The governing body of an institution is not to be regarded for the purposes

of subsection (1) as having failed to comply with the requirement specified

in section 23(1)(c) by reason of its failure to comply with any of the general

provisions of an English approved plan, if the governing body shows that

it has taken all reasonable steps to comply with that provision.”
Clause 36
19
Page 16, line 31, leave out “or (c)”

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After Clause 36
20
Insert the following new Clause—


“Review of decisions made by relevant authority

Regulations made by virtue of section 34, 35(2)(b) or 36(3)(b) must include

provision—

(a)
requiring any decision of the relevant authority under

section 34, 35 or 36 affecting the governing body of an

institution to have effect in the first instance as a provisional

decision,

(b)
enabling the governing body of the institution to apply for a

review of the provisional decision to a person, or panel of

persons, appointed in accordance with the regulations—

(i)
in relation to England, by the Secretary of State, or

(ii)
in relation to Wales, by the Assembly,

(c)
enabling the Secretary of State or the Assembly to pay

remuneration and allowances to any person so appointed,

(d)
prescribing the grounds on which an application for the

review of a provisional decision may be made, and

(e)
requiring the relevant authority to reconsider its provisional

decision having regard to any recommendation of the

person or panel.”
Before Clause 43
21
Insert the following new Clause—


“Exclusion of visitor’s jurisdiction in relation to staff disputes

(1)
The visitor of a qualifying institution has no jurisdiction in respect of—

(a)
any dispute relating to a member of staff which concerns his

appointment or employment or the termination of his appointment

or employment,

(b)
any other dispute between a member of staff and the qualifying

institution in respect of which proceedings could be brought before

any court or tribunal, or

(c)
any dispute as to the application of the statutes or other internal

laws of the institution in relation to a matter falling within

paragraph (a) or (b).

(2)
In subsection (1) “qualifying institution” has the meaning given by section

11.

(3)
In determining whether a dispute falls within subsection (1)(b) it is to be

assumed that the visitor does not have jurisdiction to determine the

dispute.

(4)
Section 206 of the Education Reform Act 1988 (c. 40) (which is superseded

by subsection (1)) shall cease to have effect.”
Clause 43
22
Page 21, line 16, leave out third “or”

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23
Page 21, line 17, at end insert “or

(c)
regulations to which subsection (3A) applies.

(3A)
A statutory instrument which contains (whether alone or with other

provisions) regulations made by the Secretary of State by virtue of section

31(1A) or 35(2)(c) may not be made unless a draft of the instrument has

been laid before, and approved by a resolution of, each House of

Parliament.”
Clause 48
24
Page 22, line 16, at end insert—


“section (Review of decisions made by relevant authority), so far as relating

to England;”
25
Page 22, line 29, at end insert—


“section (Extension of period within which discrimination proceedings must

be brought);”
Schedule 7
26
Page 33, line 31, at end insert—

“Education Reform Act 1988
Section 206.

(c. 40)

In section 207(1), paragraph (c) and the word

“or” immediately preceding it.”

In the Title
27
Line 5, at end insert “to limit the jurisdiction of visitors of institutions providing

higher education;”

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