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Circumstances in which agreement or notice superseded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The original instrument of termination is superseded only if—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the agreement is superseded in accordance with paragraph 12.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.