Higher Education Act 2004 - Education Act 2004 (c. 8) v PART 5 MISCELLANEOUS AND GENERAL Staff disputes: jurisdiction of visitor 46 Exclusion of visitor’s jurisdiction in relation

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Text of Higher Education Act 2004 - Education Act 2004 (c. 8) v PART 5 MISCELLANEOUS AND GENERAL Staff...

  • Higher Education Act 2004CHAPTER 8

    CONTENTS

    PART 1

    RESEARCH IN ARTS AND HUMANITIES

    1 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 Council

    10 Research in arts and humanities

    PART 2

    REVIEW OF STUDENT COMPLAINTS

    11 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 visitors jurisdiction in relation to student complaints21 Interpretation of Part 2

  • Higher Education Act 2004 (c. 8)iv

    PART 3

    STUDENT FEES AND FAIR ACCESS

    Introductory22 Meaning of plan etc.

    Imposition of conditions as to fees23 Duty of Secretary of State to impose condition as to student fees, etc.24 Condition to be imposed by English funding bodies25 Transitional cases in which condition must not allow fees to exceed basic

    amount26 Regulations under section 24(6) relating to basic or higher amount27 Power of National Assembly for Wales to impose conditions as to student

    fees, etc.28 Condition that may be required to be imposed by Higher Education Funding

    Council for Wales29 Sections 23 to 28: supplementary provisions

    Plans authorising fees of more than basic amount30 Meaning of the relevant authority31 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: Wales39 Review of decisions made by relevant authority

    Supplementary40 Provision of information41 Interpretation of Part 3

    PART 4

    STUDENT SUPPORT

    42 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 authority

  • Higher Education Act 2004 (c. 8) v

    PART 5

    MISCELLANEOUS AND GENERAL

    Staff disputes: jurisdiction of visitor46 Exclusion of visitors jurisdiction in relation to staff disputes

    General47 Orders and regulations48 General interpretation49 Consequential amendments50 Repeals51 Financial provisions52 Commencement53 Extent54 Short title, etc.

    Schedule 1 Conditions to be met by operator of student complaintsscheme

    Schedule 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 complaints

    schemePart 1 Circumstances in which designation terminatedPart 2 Agreement made or notice given under Part 1: supplementary

    provisionSchedule 5 The Director of Fair Access to Higher Education:

    supplementary provisionsSchedule 6 Consequential amendmentsSchedule 7 Repeals

  • ELIZABETH II c. 8

    Higher Education Act 20042004 CHAPTER 8

    An 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]

    E IT ENACTED by the Queens most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present

    Parliament assembled, and by the authority of the same, as follows:

    PART 1

    RESEARCH IN ARTS AND HUMANITIES

    1 Arts and Humanities Research Council

    In 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 promoting

    understanding of, the arts and humanities,(c) promoting awareness of the bodys activities, and(d) providing advice on matters relating to the bodys activities.

    B

  • Higher Education Act 2004 (c. 8)Part 1 Research in Arts and Humanities

    2

    2 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 section.

    3 Expenses 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.

    (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 State.

    4 Returns, 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.

    (5) In this section financial year means a period of 12 months ending with 31stMarch.

    5 Pensions

    (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 apply.

  • Higher Education Act 2004 (c. 8)Part 1 Research in Arts and Humanities

    3

    (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 Parliament.

    6 Accounts and records of Council

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

    (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 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.

    7 Northern Ireland: reserved matters

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

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

    8 Activities outside United Kingdom

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

    9 Charter of Council

    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.

  • Higher Education Act 2004 (c. 8)Part 1 Research in Arts and Humanities

    4

    10 Research in arts and humanities

    (1) The Secretary of State may(a) carry out or support research in th