Legalize / United Kingdom / Public General Act

Higher Education Act 2004

Type Public General Act

Publication 2004-07-01

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Research in Arts and Humanities

Sections 23 to 26: supplementary provisions

1

In this Part “the Arts and Humanities Research Council” means a body to be established by Royal Charter wholly or mainly for objects consisting of, or comprised in, the following—

(a) carrying out, facilitating, encouraging and supporting—

(i) research in the arts and humanities, and

(ii) instruction in the arts and humanities,

(b) advancing and disseminating knowledge in, and promoting understanding of, the arts and humanities,

(d) providing advice on matters relating to the body’s activities.

Exclusion of visitor’s jurisdiction in relation to staff disputes

2

(1) All property, rights and liabilities to which the Arts and Humanities Research Board is entitled or subject immediately before the appointed day become, by virtue of this section, property, rights and liabilities of the Arts and Humanities Research Council on that day.

(2) Where rights and liabilities under a contract of employment are transferred by virtue of subsection (1), the contract has effect from the appointed day as if originally made between the employee and the Council.

(3) In this section “the appointed day” means the day appointed under section 52(2) for the commencement of this section.

Expenses of Council

3

(1) The Secretary of State may pay the Arts and Humanities Research Council such sums as he determines in respect of the expenses that the Council has incurred, or expects to incur, in carrying out the objects listed in section 1.

(2) Subsection (1) applies whether the Council has incurred, or expects to incur, the expenses in the United Kingdom or elsewhere.

(3) The Council must comply with any direction of the Secretary of State as to the use or expenditure of payments made under subsection (1).

(4) The Council must give the Secretary of State programmes and estimates of its expenses.

(5) Programmes and estimates under subsection (4) must be given—

(a) in the form required by the Secretary of State, and

(b) at the times required by the Secretary of State.

Returns, reports etc. by Council to Secretary of State

4

(1) The Arts and Humanities Research Council must give the Secretary of State such returns, accounts and other information relating to its property and activities as the Secretary of State requires.

(2) As soon as possible after the end of each financial year, the Council must give the Secretary of State a report on the performance of its functions during that year.

(3) The Secretary of State must lay a copy of any report given under subsection (2) before each House of Parliament.

(4) The copy of a report laid in accordance with subsection (3) may include any comments which the Secretary of State has on the report.

(5) In this section “financial year” means a period of 12 months ending with 31st March.

Pensions

5

(1) Employment by the Arts and Humanities Research Council is included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2) Accordingly, in the appropriate place in the list of Other Bodies in Schedule 1 to that Act (which lists the kinds of employment etc. to which a scheme can apply) there is inserted “ The Arts and Humanities Research Council ”.

(3) The Arts and Humanities Research Council must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of the increase attributable to subsection (1) in the sums payable under that Act out of money provided by Parliament.

Accounts and records of Council

6

(1) The Arts and Humanities Research Council must keep proper accounts and other records.

(2) The Council must give the Secretary of State a statement of accounts in relation to each financial year.

(3) A statement of accounts under subsection (2) must be given—

(a) in the form required by the Secretary of State, and

(b) at the time required by the Secretary of State.

(4) The Secretary of State must transmit each statement of accounts given under subsection (2) to the Comptroller and Auditor General on or before 30th November following the end of the financial year to which the statement relates.

(5) The Comptroller and Auditor General must—

(a) examine and certify each statement of accounts transmitted under subsection (4), and

(b) lay before each House of Parliament—

(i) a copy of the accounts, and

(ii) a report on the accounts.

(6) In this section “financial year” has the same meaning as in section 4.

Northern Ireland: reserved matters

7

In Schedule 3 to the Northern Ireland Act 1998 (c. 47) (reserved matters), after paragraph 35 there is inserted—

(35A) The Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004).

Activities outside United Kingdom

8

Nothing in this Part restricts the activities of the Arts and Humanities Research Council to the United Kingdom or any part of the United Kingdom.

Charter of Council

9

Nothing in this Part affects—

(a) any power to amend or revoke the charter of the Arts and Humanities Research Council, or

(b) the operation of any amendment made to the charter of the Council.

Research in arts and humanities

10

(1) The Secretary of State may—

(a) carry out or support research in the arts and humanities,

(b) disseminate the results of research in the arts and humanities,

(d) establish advisory bodies for the purpose of assisting the Secretary of State in matters connected with research in the arts and humanities, and

(e) if the Secretary of State 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.

(2) The National Assembly for Wales (in this Act referred to as “the Assembly”) may, in relation to Wales,—

(a) carry out or support research in the arts and humanities,

(b) disseminate 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,

(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,

(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.

(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;

(d) in the case of the power under subsection (4)(a), the Northern Ireland Department having responsibility for higher education.

Part 2 — Review of student complaints

Qualifying institutions

11

In this Part “qualifying institution” means any of the following institutions in England or Wales—

(a) a university (whether or not receiving financial support under section 65 of the 1992 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;

(b) a constituent college, school or hall or other institution of a university falling within paragraph (a);

(d) a designated institution, as defined by section 72(3) of the 1992 Act.

(e) an institution (other than one within another paragraph 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;

(f) an institution (other than one within another paragraph of this section) whose entitlement to grant awards is conferred by an order under section 76(1) of the 1992 Act.

Qualifying complaints

12

(1) In this Part “qualifying complaint” means, subject to subsections (2) and (3), a complaint about an act or omission of a qualifying institution which is made by a person—

(a) as a student or former student at that 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.

(2) A complaint which falls within subsection (1) is not a qualifying complaint to the extent that it relates to matters of academic judgment.

(3) The designated operator may determine that a complaint within subsection (1) about an act or omission of a qualifying institution within paragraph (e) 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.

Designation of operator of student complaints scheme

13

(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,

(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—

(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).

Duties of designated operator

14

The designated operator must comply with the duties set out in Schedule 3 during the period specified in that Schedule.

Duties of qualifying institutions

15

(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.

Termination of designation

16

(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.

Privilege in relation to law of defamation

17

(1) For the purposes of the law of defamation, any proceedings relating to the review under the scheme of a qualifying complaint are to be treated as if they were proceedings before a court.

(2) For those purposes, absolute privilege attaches to the publication of—

(a) any decision or recommendation made under the scheme by a person responsible for reviewing a qualifying complaint, and

(b) any report under paragraph 6 or 7 of Schedule 3.

(3) In this section “the scheme” means the scheme for the review of qualifying complaints provided by the designated operator.

Provision where designation of operator to cease

18

(1) Where—

(a) an agreement to terminate a designation has been made under paragraph 2 of Schedule 4,

(b) notice to terminate a designation has been given under paragraph 4 or 6 of Schedule 4, or

the Secretary of State (in relation to England) or, as the case requires, the Assembly (in relation to Wales) may by order make such provision as he or it thinks fit for, or in connection with, the review of qualifying complaints.

(2) The provision that may be made under this section includes any one or more of the following—

(a) provision requiring the designated operator to provide the scheme in accordance with specified requirements;

(b) provision modifying, or requiring the designated operator to modify, the provisions of the scheme;

(d) provision for a specified person to take over provision of the scheme;

(e) provision for any provision of this Part that applies in relation to a scheme provided by the designated operator to apply (with or without modifications) in relation to a scheme provided by a person specified by virtue of paragraph (d);

(f) provision for a specified person to review qualifying complaints, or specified descriptions of qualifying complaints, otherwise than under the scheme;

(g) provision requiring the payment of fees by the governing bodies of qualifying institutions to a person specified by virtue of paragraph (f);

(h) provision requiring the designated operator to provide such information and assistance as the Secretary of State or the Assembly considers necessary—

(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.

Extension of time for bringing discrimination proceedings

19

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Exclusion of visitor’s jurisdiction in relation to student complaints

20

(1) The visitor of a qualifying institution has no jurisdiction in respect of any complaint which falls within subsection (2) or (3).

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