SCHEDULES
SCHEDULE 4Termination of designation of operator of student complaints scheme
Part 2Agreement made or notice given under Part 1: supplementary provision
Introduction
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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
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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Circumstances in which agreement or notice superseded
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The original instrument of termination is superseded only if—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
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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the agreement is superseded in accordance with paragraph 12.
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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.