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Higher Education Act 2004, SCHEDULE 2 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 13
1E+WThis Schedule sets out the conditions referred to in section 13(3)(b) (and other provisions of Part 2 of this Act).
Commencement Information
I1Sch. 2 para. 1 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I2Sch. 2 para. 1 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
2E+WCondition A is that at any given time the scheme relates (as the case may be)—
(a)to every institution in England,
(b)to every institution in Wales, or
(c)to every institution in England and Wales,
that is a qualifying institution at that time.
Commencement Information
I3Sch. 2 para. 2 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I4Sch. 2 para. 2 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
3(1)Condition B is that the scheme provides that every qualifying complaint made about the qualifying institutions to which it relates is capable of being referred under the scheme.E+W
(2)A scheme does not fail to meet condition B only because it contains some or all of the following—
(a)provision that qualifying complaints are to be referred under the scheme within a time limit specified in, or determined in accordance with, the scheme;
(b)provision that, where a qualifying complaint is made about a qualifying institution which provides an internal procedure for the review of complaints, the complaint is not to be referred under the scheme until the complainant has exhausted the internal procedure;
(c)provision that a qualifying complaint is not to be referred under the scheme if—
(i)relevant proceedings have been concluded, or
(ii)relevant proceedings that have not been concluded have not been stayed.
(3)In sub-paragraph (2)(c) “relevant proceedings” means proceedings relating to the subject matter of the qualifying complaint that have been brought at first instance before a court or tribunal.
Commencement Information
I5Sch. 2 para. 3 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I6Sch. 2 para. 3 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
4E+WCondition C is that the scheme requires every qualifying complaint referred under the scheme to be reviewed by an individual who—
(a)is independent of the parties, and
(b)is suitable to review that complaint.
Commencement Information
I7Sch. 2 para. 4 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I8Sch. 2 para. 4 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
5(1)Condition D is that the scheme requires a reviewer—E+W
(a)to make a decision as to the extent to which a qualifying complaint is justified; and
(b)to make that decision as soon as reasonably practicable.
(2)A scheme does not fail to meet condition D only because it contains provision that a reviewer may dismiss a qualifying complaint without consideration of the merits if the reviewer considers the complaint to be frivolous or vexatious.
Commencement Information
I9Sch. 2 para. 5 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I10Sch. 2 para. 5 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
6E+WCondition E is that the scheme provides that, in a case where a reviewer decides that a qualifying complaint is to any extent justified, the reviewer—
(a)may recommend the governing body of the institution to which the complaint relates—
(i)to do anything specified in the recommendation (which may include the payment of sums so specified), and
(ii)to refrain from doing anything so specified, but
(b)may not require any person to do, or refrain from doing, anything.
Commencement Information
I11Sch. 2 para. 6 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I12Sch. 2 para. 6 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
7E+WCondition F is that the scheme requires a reviewer to notify the parties to a qualifying complaint in writing of—
(a)the decision the reviewer has made,
(b)the reviewer’s reasons for making that decision, and
(c)if the reviewer makes a recommendation—
(i)that recommendation, and
(ii)the reviewer’s reasons for making that recommendation.
Commencement Information
I13Sch. 2 para. 7 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I14Sch. 2 para. 7 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
8E+WCondition G is that the scheme does not require complainants to pay any fees in connection with the operation of the scheme.
Commencement Information
I15Sch. 2 para. 8 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I16Sch. 2 para. 8 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
9E+WCondition H is that any fees payable under the scheme by the qualifying institutions to which it relates do not exceed the amount incurred by the operator, taking one year with another, in providing the scheme in relation to those institutions.
Commencement Information
I17Sch. 2 para. 9 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I18Sch. 2 para. 9 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
10(1)A scheme does not fail to meet the conditions in this Schedule only because it also relates to bodies that are not qualifying institutions.E+W
(2)A scheme which relates to such bodies does not fail to meet the conditions in this Schedule only because the provisions of the scheme that apply to such bodies do not meet those conditions.
Commencement Information
I19Sch. 2 para. 10 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I20Sch. 2 para. 10 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
11E+WIn this Schedule—
“complainant” means the person making a qualifying complaint;
“parties”, in relation to a qualifying complaint, means—
the complainant, and
the governing body of the institution about which the complaint is made;
“reviewer”, in relation to the review of a qualifying complaint under a scheme, means the individual who is reviewing the complaint.
Commencement Information
I21Sch. 2 para. 11 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I22Sch. 2 para. 11 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
12(1)Regulations may amend the preceding provisions of this Schedule.E+W
(2)In sub-paragraph (1) “regulations” means regulations made—
(a)in relation to schemes relating to qualifying institutions in England, by the Secretary of State, or
(b)in relation to schemes relating to qualifying institutions in Wales, by the Assembly.
(3)No regulations may be made by the Secretary of State under this paragraph unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
Commencement Information
I23Sch. 2 para. 12 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I24Sch. 2 para. 12 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
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