Higher Education Act 2004

Section 16

SCHEDULE 4Termination of designation of operator of student complaints scheme

Part 1Circumstances in which designation terminated

Introduction

1This Part of this Schedule sets out the circumstances in which the designation of a body corporate under section 13 is terminated.

Agreement

2The designation is terminated if the designated operator and the Secretary of State or the Assembly (as the case may be) make an agreement which specifies a date when the designation is to terminate.

3In this case the designation is terminated on the date specified in the agreement.

Notice given by the designated operator

4(1)The designation is terminated if the designated operator gives the Secretary of State or the Assembly (as the case may be) notice which specifies a date when the designation is to terminate.

(2)Notice under this paragraph is valid only if the period between—

(a)the date when the notice is given, and

(b)the date specified in the notice,

is one year or longer.

5In this case the designation is terminated on the date specified in the notice.

Notice given by Secretary of State or Assembly

6(1)The designation is terminated if the Secretary of State or the Assembly (as the case may be) gives the designated operator notice which specifies a date when the designation is to terminate.

(2)Notice under this paragraph may not be given unless the Secretary of State or the Assembly—

(a)is no longer satisfied that the designated operator meets all of the conditions in Schedule 1, or

(b)is satisfied that the designated operator has failed to comply with section 14.

(3)Notice under this paragraph is valid only if the period between—

(a)the date when the notice is given, and

(b)the date specified in the notice,

is such as the Secretary of State or the Assembly considers reasonable.

7In this case the designation is terminated on the date specified in the notice.

Operator ceases to exist

8The designation is terminated if the designated operator ceases to exist.

9In this case the designation is terminated on the date when the operator ceases to exist.

Part 2Agreement made or notice given under Part 1: supplementary provision

Introduction

10(1)This Part of this Schedule applies where—

(a)the designated operator and the Secretary of State or the Assembly have made an agreement under paragraph 2,

(b)the designated operator has given notice under paragraph 4, or

(c)the Secretary of State or the Assembly has given notice under paragraph 6.

(2)In this Part—

• “original instrument of termination” means the agreement or notice referred to in sub-paragraph (1);

• “termination date” means the date specified in an agreement under paragraph 2, or notice under paragraph 4 or 6, as the date when the designation in question is to terminate.

Effect of agreement or notice on provisions of Part 1 of Schedule

11(1)Where this Part of this Schedule applies—

(a)the designated operator and the Secretary of State or the Assembly may not make an agreement, or a new agreement, under paragraph 2,

(b)the designated operator may not give a notice, or a new notice, under paragraph 4, and

(c)the Secretary of State or the Assembly may not—

(i)give a notice under paragraph 6 except in accordance with sub-paragraph (2) below, or

(ii)give a new notice under paragraph 6.

(2)The Secretary of State or the Assembly may give a notice under paragraph 6 if—

(a)the original instrument of termination is—

(i)an agreement under paragraph 2, or

(ii)a notice under paragraph 4, and

(b)the termination date specified in the notice under paragraph 6 falls before the termination date specified in the original instrument of termination.

Circumstances in which agreement or notice superseded

12The original instrument of termination is superseded only if—

(a)notice under paragraph 6 is given in accordance with paragraph 11(2), or

(b)the designation in question is terminated in accordance with paragraph 8 (operator ceases to exist).

Agreement or notice not capable of variation or cancellation or revocation

13(1)An agreement made under paragraph 2 may not be varied or cancelled.

(2)Accordingly such an agreement continues in force until—

(a)the designation is terminated in accordance with the agreement, or

(b)the agreement is superseded in accordance with paragraph 12.

14(1)Notice given under paragraph 4 or 6 may not be varied or revoked.

(2)Accordingly such notice continues in force until—

(a)the designation is terminated in accordance with the notice, or

(b)the notice is superseded in accordance with paragraph 12.