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Higher Education Act 2004
2004 CHAPTER 8
An Act to make provision about research in the arts and humanities and about complaints
by students against institutions providing higher education; to make provision about fees
payable by students in higher education; to provide for the appointment of a Director of
Fair Access to Higher Education; to make provision about grants and loans to students in
higher or further education; to limit the jurisdiction of visitors of institutions providing
higher education; and for connected purposes. [1st July 2004]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:—
Modifications etc. (not altering text)
C1 Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), reg. 1, Sch. 2 para. 2 C2 Act modified (7.4.2005) by Education Act 2005 (c. 18), ss. 96(2) , 125(1)(b) C3 Act Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3) ; S.I. 2007/935, art. 5(bb)
PART 1
RESEARCH IN ARTS AND HUMANITIES
F1 1 Arts and Humanities Research Council
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Textual Amendments
F1 Ss. 1-9 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 19 ; S.I. 2018/1054, reg. 2(d)(viii)
F1 2 Transfer to Council of property etc of Arts and Humanities Research Board
Textual Amendments
F1 Ss. 1-9 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 19 ; S.I. 2018/1054, reg. 2(d)(viii)
F1 3 Expenses of Council
Textual Amendments
F1 Ss. 1-9 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 19 ; S.I. 2018/1054, reg. 2(d)(viii)
F1 4 Returns, reports etc. by Council to Secretary of State
Textual Amendments
F1 (^) Ss. 1-9 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 19 ; S.I. 2018/1054, reg. 2(d)(viii)
F1 5 Pensions
Textual Amendments
F1 Ss. 1-9 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 19 ; S.I. 2018/1054, reg. 2(d)(viii)
F1 6 Accounts and records of Council
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(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and
humanities,
(d) establish advisory bodies for the purpose of assisting the Assembly in matters
connected with research in the arts and humanities, and
(e) if the Assembly establishes such a body, appoint its members on terms which
include the payment of remuneration, allowances or pension benefits to or in
respect of them.
(3) The Scottish Ministers may, in relation to Scotland,—
(a) carry out or support research in the arts and humanities,
(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and
humanities,
(d) establish advisory bodies for the purpose of assisting the Scottish Ministers
in matters connected with research in the arts and humanities, and
(e) if the Scottish Ministers establish such a body, appoint its members on terms
which include the payment of remuneration, allowances or pension benefits
to or in respect of them.
(4) The Northern Ireland Department having responsibility for higher education may, in
relation to Northern Ireland,—
(a) carry out or support research in the arts and humanities,
(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and
humanities,
(d) establish advisory bodies for the purpose of assisting the Department in
matters connected with research in the arts and humanities, and
(e) if the Department establishes such a body, appoint its members on terms which
include the payment of remuneration, allowances or pension benefits to or in
respect of them.
[F2 (5) The powers under this section to give financial support include, in particular, power
to make a grant, loan or other payment, on such terms and conditions as the relevant
authority considers appropriate.
(6) The terms and conditions may, in particular—
(a) enable the relevant authority to require the repayment, in whole or in part, of
sums paid by it if any of the terms and conditions subject to which the sums
were paid is not complied with,
(b) require the payment of interest in respect of any period during which a sum due
to the relevant authority in accordance with any of the terms and conditions
remains unpaid, and
(c) require a person to whom financial support is given to provide the relevant
authority with any information it requests for the purpose of the exercise of
any of its functions.
(7) In subsections (5) and (6), “the relevant authority” means—
(a) in the case of the power under subsection (1)(a), the Secretary of State;
(b) in the case of the power under subsection (2)(a), the Welsh Ministers;
(c) in the case of the power under subsection (3)(a), the Scottish Ministers;
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(d) in the case of the power under subsection (4)(a), the Northern Ireland
Department having responsibility for higher education. ]
Textual Amendments
F2 S. 10(5)-(7) inserted (27.6.2017) by Higher Education and Research Act 2017 (c. 29), ss. 110(2) , 124(4)
Commencement Information
I1 (^) S. 10(1)(4) in force at 16.12.2004 by S.I. 2004/3255, art. 2 I2 (^) S. 10(2) in force for W. at 7.7.2005 by S.I. 2005/1833, art. 4(a) I3 (^) S. 10(3) in force for S. at 31.1.2005 by S.S.I. 2005/33, art. 3
PART 2
REVIEW OF STUDENT COMPLAINTS
11 Qualifying institutions
In this Part “qualifying institution” means any of the following institutions F3 ...—
(a) a university [F4 in England or Wales ] (whether or not receiving financial
support under section 65 of the 1992 Act [F5 or section 39 or 93 of the Higher
Education and Research Act 2017 (“the 2017 Act”) ] ) whose entitlement to
grant awards is conferred or confirmed by—
(i) an Act of Parliament,
(ii) a Royal Charter, or
(iii) an order under section 76 of the 1992 Act [F6 or section 42 or 45 of
the 2017 Act ] ;
(b) a constituent college, school or hall or other institution [F7 in England or Wales ]
of a university falling within paragraph (a);
(c) an institution [F8 in England or Wales ] conducted by a higher education
corporation;
(d) [F9 an institution in Wales which is ] a designated institution, as defined by
section 72(3) of the 1992 Act.
[F10 (da) an institution in England which is a registered higher education provider as
defined by section 85 of the 2017 Act (other than one within paragraph (a),
(b), (c) or (d) of this section); ]
[F11 (e) an institution [F12 in England or Wales ] (other than one within [F13 any of
the preceding paragraphs ] of this section) which provides higher education
courses which are designated for the purposes of section 22 of the 1998 Act
by or under regulations under that section;
[
F14 (ea)
an institution in England (other than one within any of the preceding
paragraphs of this section) which provides higher education courses leading
to the grant of an award by or on behalf of—
(i) another institution in England within another paragraph of this
section, or
(ii) the Office for Students where the grant is authorised by regulations
under section 51(1) of the 2017 Act; ]
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(2) A complaint which falls within subsection (1) is not a qualifying complaint to the
extent that it relates to matters of academic judgment.
[F18 (3) The designated operator may determine that a complaint within subsection (1) about
an act or omission of a qualifying institution within [F19 paragraph (da), (e), (ea) ] or (f)
of section 11 is a qualifying complaint only if it is made by a person who is undertaking
or has undertaken a particular course or a course of a particular description. ]
Textual Amendments
F17 Words in s. 12(1) substituted (1.9.2015) by Consumer Rights Act 2015 (c. 15), ss. 89(3)(a) , 100(5); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3); S.I. 2015/1575, art. 2 (with art. 3 ); S.I. 2015/1605, art. 2 (with art. 3) F18 S. 12(3) inserted (1.9.2015) by Consumer Rights Act 2015 (c. 15), ss. 89(3)(b) , 100(5); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3) F19 Words in s. 12(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(3) , 124(5); S.I. 2018/241, reg. 2(l)
Commencement Information
I6 (^) S. 12 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2 I7 (^) S. 12 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
13 Designation of operator of student complaints scheme
(1) The Secretary of State may, for the purposes of this Part, designate a body corporate
as the designated operator for England as from a date specified in the designation.
(2) The Assembly may, for the purposes of this Part, designate a body corporate as the
designated operator for Wales as from a date specified in the designation.
(3) The Secretary of State or the Assembly may not designate a body under subsection (1)
or (2) unless he or the Assembly is satisfied that the body—
(a) meets all of the conditions set out in Schedule 1,
(b) is providing a scheme for the review of qualifying complaints that meets all of
the conditions set out in Schedule 2, or is proposing to provide such a scheme
from a date not later than the effective date,
(c) has consulted interested parties about the provisions of that scheme, and
(d) consents to the designation.
(4) If a body is designated under subsection (1) or (2) the Secretary of State or the
Assembly must, before the effective date,—
(a) give the body notice of the designation, and
(b) publish notice of the designation in such manner as he or the Assembly thinks
fit.
(5) In this Part—
(a) “the effective date”, in relation to the designation of a body corporate under
this section, means the date specified in the designation as the date from which
the body is designated as designated operator, and
(b) any reference to the designated operator is—
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(i) in relation to an institution in England, a reference to the body
designated under subsection (1), and
(ii) in relation to an institution in Wales, a reference to the body
designated under subsection (2).
Commencement Information
I8 S. 13 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2 I9 S. 13 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
14 Duties of designated operator
The designated operator must comply with the duties set out in Schedule 3 during the
period specified in that Schedule.
Commencement Information
I10 S. 14 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2 I11 S. 14 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
15 Duties of qualifying institutions
(1) The governing body of every qualifying institution in England and Wales must
comply with any obligation imposed upon it by a scheme for the review of qualifying
complaints that is provided by the designated operator.
(2) The duty imposed by subsection (1) applies from the effective date of the designation
and ceases to apply only if the designation is terminated.
(3) The obligations referred to in subsection (1) include any obligation to pay fees to the
designated operator.
Commencement Information
I12 S. 15 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2 I13 S. 15 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
16 Termination of designation
(1) The designation of a body under section 13 continues until it is terminated in
accordance with Schedule 4.
(2) If the designation of a body is terminated, the Secretary of State or the Assembly must
publish notice of the termination in such manner as he or it thinks fit.
Commencement Information
I14 (^) S. 16 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2 I15 (^) S. 16 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
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(i) for the Secretary of State or the Assembly to make provision under
this section; or
(ii) for any person to comply with, or act under or in accordance with,
provision made under this section.
(3) The Secretary of State or the Assembly may be specified by virtue of subsection (2)
(d), but not by virtue of subsection (2)(f).
(4) In this section—
“the scheme” means the scheme for the review of qualifying complaints
that the designated operator provides or has been providing;
“specified” means specified in an order under this section.
Commencement Information
I18 S. 18 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2 I19 S. 18 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
F20 19 Extension of time for bringing discrimination proceedings
Textual Amendments
F20 S. 19 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)
Commencement Information
I20 S. 19 in force at 1.11.2004 by S.I. 2004/2781, art. 3
20 Exclusion of visitor’s jurisdiction in relation to student complaints
(1) The visitor of a qualifying institution has no jurisdiction in respect of any complaint
which falls within subsection (2) or (3).
(2) A complaint falls within this subsection if it is made in respect of an application for
admission to the qualifying institution as a student.
(3) A complaint falls within this subsection if it is made by a person—
(a) as a student or former student at the qualifying institution, or
(b) as a student or former student at another institution (whether or not a
qualifying institution) undertaking a course of study, or programme of
research, leading to the grant of one of the qualifying institution’s awards.
Commencement Information
I21 S. 20 in force for E. at 1.1.2005 by S.I. 2004/2781, art. 4 (with art. 5) I22 S. 20 in force for W. at 1.1.2005 by S.I. 2004/3144, Sch. Pt. 2 (with art. 6)
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[F2120A Institutions that cease to be qualifying institutions
(1) An institution that ceases to be a qualifying institution is a “transitional institution”
during the shorter of—
(a) the period of 12 months beginning with the day on which it ceases to be a
qualifying institution, and
(b) the period beginning with that day and ending when it becomes a qualifying
institution again,
(and the shorter period is referred to in this section as “the transitional period”).
(2) For the purposes of this Part, a transitional institution is to be treated as continuing to
be a qualifying institution during the transitional period, subject to subsection (3).
(3) A complaint is not a qualifying complaint to the extent that it is about an act or
omission of a transitional institution which occurred on or after the day on which the
transitional period began.
(4) In section 12(3) (power of designated operator to determine when certain
complaints are qualifying complaints), the reference to a qualifying institution within
paragraph (da), (e), (ea) or (f) of section 11 includes a transitional institution that
was a qualifying institution within the paragraph in question immediately before the
beginning of the transitional period. ]
Textual Amendments
F21 S. 20A inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(4) , 124(3); S.I. 2018/241, reg. 2(l); S.I. 2018/415, reg. 2(b)
21 Interpretation of Part 2
[F22 (1) ] In this Part—
“award” means any degree, diploma, certificate or other academic award
or distinction;
“designated operator” has the meaning given by section 13(5)(b);
“the effective date” has the meaning given by section 13(5)(a);
F ...
“higher education corporation” has the meaning given by section 90(1) of
the 1992 Act;
[F24 “institution” includes a training provider in England who would not
otherwise be regarded as an institution; ]
“interested parties”, in relation to a scheme for the review of qualifying
complaints provided or to be provided by a body corporate, means—
(a) qualifying institutions in England or Wales (as the case may be), and
(b) persons selected by the body corporate from amongst those it considers
to represent the interests of students at qualifying institutions in England
or Wales (as the case may be);
“qualifying complaint” has the meaning given by section 12;
“qualifying institution” has the meaning given by section 11.
[F25 “training provider” means a person who provides training for members
of the school workforce within the meaning of Part 3 of the Education Act
2005 (see section 100 of that Act). ]
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Imposition of conditions as to fees
F27 23 Duty of Secretary of State to impose condition as to student fees, etc.
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F27 24 Condition to be imposed by English funding bodies
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F27 25 Transitional cases in which condition must not allow fees to exceed basic amount
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F27 26 Regulations under section 24(6) relating to basic or higher amount
Textual Amendments
F27 (^) Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F28 27 Power of National Assembly for Wales to impose conditions as to student fees,
etc.
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Textual Amendments
F28 Ss. 27 , 28 omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 9 (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)
F28 28 [F29 Condition that may be required to be imposed by [F30HEFCW]]
Textual Amendments
F28 Ss. 27 , 28 omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 9 (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii) F29 S. 28 heading substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 28(2) F30 Words in s. 28 heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 22(5) ; S.I. 2012/924, art. 2
F27 29 Sections 23 to [F31 26 ]: supplementary provisions
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16) F31 Word in s. 29 heading substituted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 10(5) (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)
Plans authorising fees of more than basic amount
F27 30 Meaning of “the relevant authority”
Textual Amendments
F27 (^) Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F27 31 Director of Fair Access to Higher Education
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F27 36 Variation of plans
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F27 37 Enforcement of plansF32...
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16) F32 Word in s. 37 heading omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 17 (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)
F33 38 Enforcement of plans: Wales
Textual Amendments
F33 S. 38 omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 18 (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)
F27 39 Review of decisions made by relevant authority
Textual Amendments
F27 (^) Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
Supplementary
F27 40 Provision of information
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Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
F34 40A Provision of reports, information and advice by the relevant authority in relation
to Wales
Textual Amendments
F34 S. 40A omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 20 (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)
F27 41 Interpretation of Part 3
Textual Amendments
F27 Ss. 22-41 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(2) ; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)
PART 4
STUDENT SUPPORT
42 Effect of bankruptcy
(1) In section 22 of the 1998 Act (arrangements for giving financial support to students),
after subsection (3)(e) insert—
“(f) with respect to the effect of bankruptcy upon a borrower’s liability to
make repayments in respect of such a loan (whether the repayments
relate to sums which the borrower receives, or is entitled to receive,
before or after the commencement of the bankruptcy).”
(2) In section 46(8) of the 1998 Act (provisions that extend to Northern Ireland), in the
entry relating to section 22 for “(3)(e)” substitute “ (3)(e) or (f) ”.
(3) Subsection (4) has effect in relation to the Education (Student Loans) Act 1990 (c. 6)
to the extent that it continues in force by virtue of any savings made, in connection
with its repeal by the 1998 Act, by an order under section 46(4) of the 1998 Act.
(4) Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) is to have
effect as if in paragraph 5(2) (liabilities relating to student loans not to be included in
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(6) For the purposes of the Government of Wales Act 1998 (c. 38)—
(a) any function that is transferred to the Assembly by subsection (1) or (4) or
made exercisable by the Assembly by subsection (2) or (5) is to be taken to
have been transferred to, or made exercisable by, the Assembly by an Order
in Council under section 22 of that Act, and
(b) in relation to any function which is taken by virtue of paragraph (a) to have
been transferred to the Assembly by such an Order in Council, any reference
to the coming into force of the Order in Council transferring it is to be read
as a reference to the commencement of the provision of this section by which
the function is transferred.
Commencement Information
I26 S. 44(1)(2)(5)(6) in force for W. at 7.7.2005 by S.I. 2005/1833, art. 4(b) (with art. 6) I27 S. 44(3) in force at 1.9.2006 for W. by S.I. 2005/1833, art. 5A I28 S. 44(4) in force at 23.6.2006 for W. by S.I. 2005/1833, art. 5
45 Supply of information held by student support authority
(1) Regulations may provide that a student support authority may supply student support
information of a prescribed description to a prescribed person for a prescribed purpose.
(2) A person may not be prescribed under subsection (1) unless the person—
(a) is the governing body of an institution with which eligible students (as defined
for the purposes of the student support scheme) are undertaking courses, or
(b) is a person who appears to the Secretary of State or, as the case may be, the
Assembly to be exercising functions of a public nature.
(3) Regulations under subsection (1) may not allow information to be supplied except
with the consent of every individual to whom the information relates, given in such
manner as may be prescribed.
(4) Subsection (3) does not apply to the supply of information for the purposes of any
civil or criminal proceedings arising out of the student support scheme.
(5) Regulations under subsection (1) may provide that information may be supplied under
such regulations only if prescribed conditions are met.
(6) This section does not limit the circumstances in which information may be supplied
apart from this section.
(7) In this section “student support authority” means—
(a) the Secretary of State,
(b) any authority or governing body by whom any function of the Secretary of
State is for the time being exercisable to any extent by virtue of section 23(1)
of the 1998 Act,
(c) any person acting on behalf of the Secretary of State to any extent by virtue
of section 23(4) of the 1998 Act,
(d) the Assembly,
(e) any authority or governing body by whom any function of the Assembly is
for the time being exercisable to any extent by virtue of section 23(1) of the
1998 Act, and
Part 5 – Miscellaneous and general Document Generated: 2021-08- Changes to legislation: There are currently no known outstanding effects for the Higher Education Act 2004. (See end of Document for details)
(f) any person acting on behalf of the Assembly to any extent by virtue of
section 23(4) of the 1998 Act.
(8) In this section—
“prescribed” means prescribed by regulations;
“regulations” means—
(a) in relation to a student support authority falling within any of paragraphs
(a) to (c) of subsection (7), regulations made by the Secretary of State,
and
(b) in relation to a student support authority falling within any of paragraphs
(d) to (f) of subsection (7), regulations made by the Assembly;
“student support scheme” means the provisions of regulations under
section 22 of the 1998 Act;
“student support information”, in relation to a student support authority,
means any information which the student support authority holds in
connection with, or in consequence of, the exercise of any function relating
to the operation of the student support scheme.
Commencement Information
I29 S. 45 in force at 14.1.2006 by S.I. 2006/51, art. 2
PART 5
MISCELLANEOUS AND GENERAL
Staff disputes: jurisdiction of visitor
46 Exclusion of visitor’s jurisdiction in relation to staff disputes
(1) The visitor of a qualifying institution has no jurisdiction in respect of—
(a) any dispute relating to a member of staff which concerns his appointment or
employment or the termination of his appointment or employment,
(b) 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
(c) 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).
(2) In subsection (1) “qualifying institution” has the meaning given by section 11.
(3) 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 dispute.
(4) Section 206 of the Education Reform Act 1988 (c. 40) (which is superseded by
subsection (1)) shall cease to have effect.
Commencement Information
I30 S. 46 in force for W. at 1.1.2005 by S.I. 2004/3144, Sch. Pt. 2 (with art. 6)
