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Session 2003 - 04
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Page 15, line 4, at end insert—


“( )   

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



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



to include any provision relating to the criteria for the admission of




Page 15, line 5, at end insert—


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


to higher education;”

Clause 32


Leave out Clause 32 and insert the following new Clause—


“Approval of plans (No. 2)



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.



The relevant authority shall require each institution to provide an account


of the financial assistance it has provided to students.



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


Page 15, line 39, leave out from “made” to end of line 41 and insert “by the Funding



Clause 35


Page 16, line 12, leave out “or (c)”


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


Page 16, line 31, leave out “or (c)”


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After Clause 36


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





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





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—



in relation to England, by the Secretary of State, or



in relation to Wales, by the Assembly,



enabling the Secretary of State or the Assembly to pay


remuneration and allowances to any person so appointed,



prescribing the grounds on which an application for the


review of a provisional decision may be made, and



requiring the relevant authority to reconsider its provisional


decision having regard to any recommendation of the


person or panel.”

Before Clause 43


Insert the following new Clause—



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



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



any dispute relating to a member of staff which concerns his


appointment or employment or the termination of his appointment


or employment,



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



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).



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





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





Section 206 of the Education Reform Act 1988 (c. 40) (which is superseded


by subsection (1)) shall cease to have effect.”

Clause 43


Page 21, line 16, leave out third “or”


(  7  )


Page 21, line 17, at end insert “or



regulations to which subsection (3A) applies.



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



Clause 48


Page 22, line 16, at end insert—



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


to England;”


Page 22, line 29, at end insert—



“section (Extension of period within which discrimination proceedings must


be brought);”

Schedule 7


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


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


higher education;”


(  8  )

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