Higher Education Act 2004 - legislation

1 Higher Education Act 2004 CHAPTER 8 CONTENTSPART 1 RESEARCH IN ARTS AND HUMANITIES1 Arts and Humanities Research Council2 Transfer to Council of property etc of Arts and Humanities Research Board3 Expenses of Council4 Returns, reports etc. by Council to Secretary of State5 Pensions6 Accounts and records of Council7 Northern Ireland: reserved matters8 Activities outside United Kingdom9 Charter of Council10 Research in arts and humanitiesPART 2 REVIEW OF STUDENT COMPLAINTS11 Qualifying institutions12 Qualifying complaints13 Designation of operator of student complaints scheme14 Duties of designated operator15 Duties of qualifying institutions16 Termination of designation17 Privilege in relation to law of defamation18 Provision where designation of operator to cease19 Extension of time for bringing discrimination proceedings20 Exclusion of visitor s jurisdiction in relation to student complaints21 Interpretation of Part 2 Higher Education Act 2004 (c. 8)ivPART 3 STUDENT FEES AND FAIR ACCESSI ntroductory22 Meaning of plan of conditions as to fees23 Duty of Secretary of State to impose condition as to student fees, to be imposed by English funding bodies25 Transitional cases in which condition must not allow fees to exceed basicamount26 Regulations under section 24(6) relating to basic or Higher amount27 Power of National Assembly for Wales to impose conditions as to studentfees, that may be required to be imposed by Higher Education FundingCouncil for Wales29 Sections 23 to 28: supplementary provisionsPlans authorising fees of more than basic amount30 Meaning of the relevant authority 31 Director of Fair Access to Higher Education32 General duties of relevant authority33 Contents of plans34 Approval of plans35 Duration of plans36 Variation of plans37 Enforcement of plans: England38 Enforcement of plans.

2 Wales39 Review of decisions made by relevant authoritySupplementary40 Provision of information41 Interpretation of Part 3 PART 4 STUDENT SUPPORT42 Effect of bankruptcy43 Other amendments of section 22 of Teaching and Higher Education Act 199844 Transfer of certain functions to National Assembly for Wales45 Supply of information held by student support authorityHigher Education Act 2004 (c. 8)vPART 5 MISCELLANEOUS AND GENERALS taff disputes: jurisdiction of visitor46 Exclusion of visitor s jurisdiction in relation to staff disputesGeneral47 Orders and regulations48 General interpretation49 Consequential amendments50 Repeals51 Financial provisions52 Commencement53 Extent54 Short title, 1 Conditions to be met by operator of student complaintsschemeSchedule 2 Conditions to be met by student complaints schemeSchedule 3 Duties of designated operator of student complaints schemeSchedule 4 Termination of designation of operator of student complaintsschemePart 1 Circumstances in which designation terminatedPart 2 Agreement made or notice given under Part 1: supplementaryprovisionSchedule 5 The Director of Fair Access to Higher Education :supplementary provisionsSchedule 6 Consequential amendmentsSchedule 7 RepealsELIZABETH IIc.

3 8 Higher Education Act 20042004 CHAPTER 8An Act to make provision about research in the arts and humanities and aboutcomplaints by students against institutions providing Higher Education ; tomake provision about fees payable by students in Higher Education ; to providefor the appointment of a Director of Fair Access to Higher Education ; to makeprovision about grants and loans to students in Higher or further Education ; tolimit the jurisdiction of visitors of institutions providing Higher Education ; andfor connected purposes.[1st July 2004 ]EITENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 RESEARCH IN ARTS AND HUMANITIES1 Arts and Humanities Research CouncilIn this Part the Arts and Humanities Research Council means a body to beestablished by Royal Charter wholly or mainly for objects consisting of, orcomprised 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 promotingunderstanding of, the arts and humanities,(c)promoting awareness of the body s activities, and(d)providing advice on matters relating to the body s Education Act 2004 (c.)

4 8)Part 1 Research in Arts and Humanities22 Transfer to Council of property etc of Arts and Humanities Research Board(1)All property, rights and liabilities to which the Arts and Humanities ResearchBoard is entitled or subject immediately before the appointed day become, byvirtue of this section, property, rights and liabilities of the Arts and HumanitiesResearch Council on that day.(2)Where rights and liabilities under a contract of employment are transferred byvirtue of subsection (1), the contract has effect from the appointed day as iforiginally made between the employee and the Council.(3)In this section the appointed day means the day appointed under section52(2) for the commencement of this of Council(1)The Secretary of State may pay the Arts and Humanities Research Council suchsums 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.

5 (3)The Council must comply with any direction of the Secretary of State as to theuse or expenditure of payments made under subsection (1).(4)The Council must give the Secretary of State programmes and estimates of itsexpenses.(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 , reports etc. by Council to Secretary of State(1)The Arts and Humanities Research Council must give the Secretary of Statesuch returns, accounts and other information relating to its property andactivities as the Secretary of State requires.(2)As soon as possible after the end of each financial year, the Council must givethe Secretary of State a report on the performance of its functions during thatyear.(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 anycomments which the Secretary of State has on the report.

6 (5)In this section financial year means a period of 12 months ending with (1)Employment by the Arts and Humanities Research Council is included in thekinds of employment to which a scheme under section 1 of the SuperannuationAct 1972 (c. 11) can Education Act 2004 (c. 8)Part 1 Research in Arts and Humanities3(2)Accordingly, in the appropriate place in the list of Other Bodies in Schedule 1to that Act (which lists the kinds of employment etc. to which a scheme canapply) there is inserted The Arts and Humanities Research Council .(3)The Arts and Humanities Research Council must pay to the Minister for theCivil Service, at such times as the Minister may direct, such sums as theMinister may determine in respect of the increase attributable to subsection (1)in the sums payable under that Act out of money provided by and records of Council(1)The Arts and Humanities Research Council must keep proper accounts andother records.

7 (2)The Council must give the Secretary of State a statement of accounts in relationto 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 undersubsection (2) to the Comptroller and Auditor General on or before 30thNovember following the end of the financial year to which the statementrelates.(5)The Comptroller and Auditor General must (a)examine and certify each statement of accounts transmitted undersubsection (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 Ireland: reserved mattersIn Schedule 3 to the Northern Ireland Act 1998 (c. 47) (reserved matters), afterparagraph 35 there is inserted Arts and Humanities Research Council (as defined by section 1of the Higher Education Act 2004 ).

8 8 Activities outside United KingdomNothing in this Part restricts the activities of the Arts and Humanities ResearchCouncil to the United Kingdom or any part of the United of CouncilNothing in this Part affects (a)any power to amend or revoke the charter of the Arts and HumanitiesResearch Council, or(b)the operation of any amendment made to the charter of the Education Act 2004 (c. 8)Part 1 Research in Arts and Humanities410 Research in arts and humanities(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,(c)further the practical application of the results of research in the arts andhumanities,(d)establish advisory bodies for the purpose of assisting the Secretary ofState in matters connected with research in the arts and humanities,and(e)if the Secretary of State establishes such a body, appoint its members onterms which include the payment of remuneration, allowances orpension benefits to or in respect of them.

9 (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,(c)further the practical application of the results of research in the arts andhumanities,(d)establish advisory bodies for the purpose of assisting the Assembly inmatters connected with research in the arts and humanities, and(e)if the Assembly establishes such a body, appoint its members on termswhich include the payment of remuneration, allowances or pensionbenefits 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 andhumanities,(d)establish advisory bodies for the purpose of assisting the ScottishMinisters in matters connected with research in the arts andhumanities, and(e)if the Scottish Ministers establish such a body, appoint its members onterms which include the payment of remuneration, allowances orpension benefits to or in respect of them.

10 (4)The Northern Ireland Department having responsibility for Higher educationmay, 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 andhumanities,(d)establish advisory bodies for the purpose of assisting the Departmentin matters connected with research in the arts and humanities, and(e)if the Department establishes such a body, appoint its members onterms which include the payment of remuneration, allowances orpension benefits to or in respect of Education Act 2004 (c. 8)Part 2 Review of student complaints5 PART 2 REVIEW OF STUDENT COMPLAINTS11 Qualifying institutionsIn this Part qualifying institution means any of the following institutions inEngland or Wales (a)a university (whether or not receiving financial support under section65 of the 1992 Act) whose entitlement to grant awards is conferred orconfirmed 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 universityfalling within paragraph (a);(c)an institution conducted by a Higher Education corporation.