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 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,

(c) promoting awareness of the body’s activities, and

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

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of employment are transferred by virtue of subsection (1), the contract has effect from the appointed day as if originally made between the employee and the Council.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

3 Expenses of Council

(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.

4 Returns, reports etc. by Council to Secretary of State

(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.

5 Pensions

(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.

6 Accounts and records of Council

(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.

7 Northern Ireland: reserved matters

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).”

8 Activities outside United Kingdom

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.

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.

10 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 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,

(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.

Part 2 Review of student complaints

11 Qualifying institutions

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);

(c) an institution conducted by a higher education corporation;

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

12 Qualifying complaints

(1) In this Part “qualifying complaint” means, subject to subsection (2), 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.

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—

(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).

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.

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.

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.

17 Privilege in relation to law of defamation

(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.

18 Provision where designation of operator to cease

(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

(c) the designated operator has ceased to exist,

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;

(c) provision about the fees payable under the scheme, including provision requiring the repayment of fees already paid;

(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.

19 Extension of time for bringing discrimination proceedings

(1) In section 76 of the Sex Discrimination Act 1975 (c. 65) (period within which proceedings to be brought) after subsection (2) insert—

“(2A) Where in England and Wales—

(a) proceedings or prospective proceedings under section 66 relate to the act or omission of a qualifying institution, and

(b) the dispute concerned is referred as a complaint under the student complaints scheme before the end of the period of six months mentioned in subsection (2)(a),

the period allowed by subsection (2)(a) shall be extended by two months.

(2B) In subsection (2A)—

• “qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;

• “the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.”

(2) In section 68 of the Race Relations Act 1976 (c. 74) (period within which proceedings to be brought) after subsection (3) insert—

“(3A) Where in England and Wales—

(a) proceedings or prospective proceedings by way of a claim under section 57 relate to the act or omission of a qualifying institution,

(b) the dispute concerned is referred as a complaint under the student complaints scheme before the end of the period of six months mentioned in subsection (2), and

(c) subsection (3) does not apply,

the period allowed by subsection (2) for instituting proceedings in respect of the claim shall be extended by two months.

(3B) In subsection (3A)—

• “qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;

• “the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.”

(3) In Schedule 3 to the Disability Discrimination Act 1995 (c. 50) (enforcement and procedure), in paragraph 13 (period within which proceedings must be brought) for sub-paragraph (2) substitute—

“(2) If, in relation to proceedings or prospective proceedings under section 28V—

(a) the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), or

(b) in England and Wales, in a case not falling within paragraph (a), the dispute concerned relates to the act or omission of a qualifying institution and is referred as a complaint under the student complaints scheme before the end of that period,

the period of six months allowed by sub-paragraph (1) shall be extended by two months.

(2A) In sub-paragraph (2)(b)—

• “qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;

• “the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.”

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.

21 Interpretation of Part 2

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);

• “governing body” has the meaning given by section 90(1) of the 1992 Act, but subject to any provision made by virtue of section 90(2) of that Act;

• “higher education corporation” has the meaning given by section 90(1) of the 1992 Act;

• “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.

Part 3 Student fees and fair access

Introductory

22 Meaning of “plan” etc.

In this Part—

(a) any reference to a plan is a reference to a plan complying with section 33, and

(b) any reference to an English approved plan or a Welsh approved plan is a reference to a plan approved under section 34 in relation to England, or as the case may be, in relation to Wales.

Imposition of conditions as to fees

23 Duty of Secretary of State to impose condition as to student fees, etc.

(1) The Secretary of State must, when making any grant to a funding body under section 68 of the 1992 Act or section 7 of the 1994 Act, impose under subsection (1) of the section concerned a condition requiring that body to impose a condition under section 24 in relation to any grants, loans or other payments made by that body under section 65 of the 1992 Act, or (as the case may be) section 5 of the 1994 Act, to the governing body of a relevant institution.

(2) In this section—

• “funding body” means—

  (a)

  the Higher Education Funding Council for England, or

  (b)

  the Teacher Training Agency;

• “relevant institution” means an institution specified by the Secretary of State in a condition under subsection (1), or an institution of a class so specified.

24 Condition to be imposed by English funding bodies

(1) A condition under this section requires the governing body of the relevant institution—

(a) to secure that, in respect of any qualifying course, the qualifying fees in respect of any academic year which begins during the grant period at a time when an English approved plan is in force in relation to the institution do not exceed such limit, not exceeding the higher amount, as is provided by the plan for that course and that academic year,

(b) to secure that, in respect of any qualifying course, the qualifying fees in respect of any academic year which begins during the grant period at a time when no English approved plan is in force in relation to the institution do not exceed the basic amount, and

(c) to comply with the general provisions of any English approved plan that is in force in relation to the institution during any part of the grant period during which it is in force.

(2) For the purposes of subsection (1)—

(a) an academic year which begins at the same time as the grant period is to be taken to begin during the grant period, and

(b) an academic year which begins with the day on which an English approved plan comes into force is to be taken to begin at a time when the plan is in force.

(3) A condition under this section must provide—

(a) in the event of a failure by the governing body to comply with the requirement specified in subsection (1)(a)—

(i) where the qualifying fees do not exceed the higher amount, for the imposition by the funding body on the governing body of any financial requirements required by a direction under section 37(1)(a), and

(ii) where the qualifying fees exceed that amount, for the imposition by the funding body on the governing body of any financial requirements required by a direction under section 37(1)(a) and of other financial requirements determined by the funding body in accordance with principles specified by the Secretary of State in the condition under section 23,

(b) in the event of a failure by the governing body to comply with the requirement specified in subsection (1)(b), for the imposition by the funding body on the governing body of financial requirements determined by the funding body in accordance with principles specified by the Secretary of State in the condition under section 23, and

(c) in the event of a failure by the governing body to comply with the requirement specified in subsection (1)(c), for the imposition by the funding body on the governing body of any financial requirements required by a direction under section 37(1)(a).

(4) Any financial requirements imposed by virtue of subsection (3) must relate to one or more of the following—

(a) the repayment, with or without interest, of the whole or any part of any sums received by the governing body in respect of the grant, loan or other payment in question,

(b) the withdrawal or reduction of any amount that has been awarded but not yet paid in respect of the grant, loan or other payment in question, or

(c) the refusal to award (or to award to the extent expected) any other grant, loan or other payment under section 65 of the 1992 Act or (as the case may be) section 5 of the 1994 Act in respect of the grant period or any subsequent period.

(5) Where—

(a) a condition is imposed under this section in connection with any grants, loans or other payments made to the governing body of a relevant institution, and

(b) those payments are to any extent made in respect of persons undertaking a course which is provided in whole or part by any other institution,

then, for the purposes of this section, fees payable by such persons to the other institution are to be regarded as fees payable by them to the relevant institution.

(6) In this section and section 25—

• “academic year”, in relation to a course, means an academic year applicable to the course;

• “the basic amount” means such amount as may be prescribed for the purposes of this section as the basic amount;

• “funding body” has the same meaning as in section 23;

• “the grant period” means the period in respect of which the grants, loans, or other payments to which the relevant condition under section 23 relates are made;

• “the higher amount” means such amount as may be prescribed for the purposes of this section as the higher amount;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “qualifying course” means a course of any description prescribed for the purposes of this section;

• “qualifying fees”, in relation to a relevant institution, means the fees payable to the institution by a qualifying person in connection with his undertaking a qualifying course;

• “qualifying person” means a person falling within any class of persons prescribed for the purposes of this section;

• “relevant institution” has the same meaning as in section 23.

25 Transitional cases in which condition must not allow fees to exceed basic amount

(1) Section 24(1)(b) has effect in relation to the qualifying fees payable by a qualifying person in connection with his undertaking a qualifying course (“the relevant course”) in a case where subsection (2) or (3) applies, even if those fees are payable in respect of an academic year which begins at a time when an English approved plan is in force in relation to the institution.

(2) This subsection applies where—

(a) the qualifying person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the relevant course or a similar course, and

(b) the first academic year of the relevant course begins before 1st September 2007.

(3) This subsection applies where—

(a) the qualifying person had received an offer of a place on a qualifying course (whether or not at the same institution as the relevant course) the first academic year of which begins before 1st September 2006,

(b) he was unable to take up the offer because a specified qualification or grade was not awarded to him,

(c) he appealed against the decision not to award him the qualification or grade,

(d) the appeal was allowed after the last date on which he could have taken up the offer,

(e) as a result he was offered a place on the relevant course, and

(f) the first academic year of the relevant course begins after 31st August 2006 but before 1st September 2007.

(4) For the purposes of subsection (2)(a) a course (“the original course”) is similar to the relevant course if —

(a) it appears to the governing body of the institution providing the relevant course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course, and

(b) except where the original course is no longer being provided, the relevant course is provided by the institution which was to have provided the original course.

26 Regulations under section 24(6) relating to basic or higher amount

(1) The Secretary of State may not make the first regulations under subsection (6) of section 24 prescribing the basic amount and the higher amount for the purposes of that section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(2) Where regulations under subsection (6) of section 24 have been made prescribing the basic amount and the higher amount for the purposes of that section—

(a) no regulations may be made increasing the basic amount unless—

(i) the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms, or

(ii) a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament, and

(b) no regulations may be made increasing the higher amount unless—

(i) the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms, or

(ii) each House of Parliament has at any time after 1st January 2010 passed a resolution that, with effect from a date specified in the resolution, the higher amount should be increased to an amount specified in the resolution, and the increase is an increase to the specified amount with effect from the specified date.

(3) For the purposes of subsection (2)(a)(i) and (b)(i) the Secretary of State is to have regard to such index of prices as may be specified in, or determined in accordance with, regulations made by him under this subsection.

27 Power of National Assembly for Wales to impose conditions as to student fees, etc.

(1) The power of the Assembly to impose conditions under section 68(1) of the 1992 Act or section 7(1) of the 1994 Act in relation to grants paid to the Higher Education Funding Council for Wales includes power to impose a condition requiring the Council to impose a condition under section 28 in relation to any grants, loans or other payments made by the Council under section 65 of the 1992 Act, or (as the case may be) section 5 of the 1994 Act, to the governing body of a relevant institution.

(2) In this section “relevant institution” means an institution specified by the Assembly in a condition under subsection (1), or an institution of a class so specified.

28 Condition that may be required to be imposed by Higher Education Funding Council for Wales

(1) A condition under this section requires the governing body of the relevant institution—

(a) to secure that, in respect of any qualifying course, the qualifying fees in respect of any academic year which begins during the grant period at a time when a Welsh approved plan is in force in relation to the institution do not exceed such limit, not exceeding the higher amount, as is provided by the plan for that course and that academic year,

(b) to secure that, in respect of any qualifying course, the qualifying fees in respect of any academic year which begins during the grant period at a time when no Welsh approved plan is in force in relation to the institution do not exceed the basic amount, and

(c) to comply with the general provisions of any Welsh approved plan that is in force in relation to the institution during any part of the grant period during which it is in force.

(2) For the purposes of subsection (1)—

(a) an academic year which begins at the same time as the grant period is to be taken to begin during the grant period, and

(b) an academic year which begins with the day on which a Welsh approved plan comes into force is to be taken to begin at a time when the plan is in force.

(3) A condition under this section must provide, in the event of a failure of the governing body to comply with any of the requirements specified in subsection (1), for the imposition by the Higher Education Funding Council for Wales on the governing body of financial requirements determined by the Council in accordance with principles specified by the Assembly in the condition under section 27.

(4) Any financial requirements imposed by virtue of subsection (3) must relate to one or more of the following—

(a) the repayment, with or without interest, of the whole or any part of any sums received by the governing body in respect of the grant, loan or other payment in question,

(b) the withdrawal or reduction of any amount that has been awarded but not yet paid in respect of the grant, loan or other payment in question, or

(c) the refusal to award (or to award to the extent expected) any other grant, loan or other payment under section 65 of the 1992 Act or (as the case may be) section 5 of the 1994 Act in respect of the grant period or any subsequent period.

(5) Where—

(a) a condition is imposed under this section in connection with any grants, loans or other payments made to the governing body of a relevant institution, and

(b) those payments are to any extent made in respect of persons undertaking a course which is provided in whole or part by any other institution,

then, for the purposes of this section, fees payable by such persons to the other institution are to be regarded as fees payable by them to the relevant institution.

(6) In this section—

• “academic year”, in relation to a course, means an academic year applicable to the course;

• “the basic amount” means such amount as may be prescribed for the purposes of this section as the basic amount;

• “the grant period” means the period in respect of which the grants, loans, or other payments to which the relevant condition under section 27 relates are made;

• “the higher amount” means such amount as may be prescribed for the purposes of this section as the higher amount;

• “prescribed” means prescribed by regulations made by the Assembly;

• “qualifying course” means a course of any description prescribed for the purposes of this section;

• “qualifying fees”, in relation to a relevant institution, means the fees payable to the institution by a qualifying person in connection with his undertaking a qualifying course;

• “qualifying person” means a person falling within any class of persons prescribed for the purposes of this section;

• “relevant institution” has the same meaning as in section 27.

29 Sections 23 to 28: supplementary provisions

(1) No condition under section 24 or 28 applies in relation to any fees which are payable, in accordance with regulations under section 1 of the Education (Fees and Awards) Act 1983 (c. 40) (fees at universities and further education establishments) by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section (persons connected with the United Kingdom, etc.).

(2) The power to prescribe descriptions of course by virtue of the definition of “qualifying course” in section 24(6) or 28(6) may not be exercised in such a way as to discriminate—

(a) in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, and

(b) in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate.

(3) Nothing in the 1992 Act or the 1994 Act, so far as it imposes any prohibition or other requirement in relation to the imposition of conditions by the Secretary of State, the Assembly, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Teacher Training Agency applies to—

(a) any condition under section 23 imposed by the Secretary of State,

(b) any condition under section 27 imposed by the Assembly, or

(c) any condition under section 24 or 28 imposed by either of those Councils or that Agency.

Plans authorising fees of more than basic amount

30 Meaning of “the relevant authority”

(1) In this Part “the relevant authority” means—

(a) in relation to England, the Director (as defined by section 31(1)), and

(b) in relation to Wales, such person as may be designated for the purposes of this section by regulations made by the Assembly.

(2) The power conferred by subsection (1)(b) includes power to designate the Higher Education Funding Council for Wales.

(3) Regulations under subsection (1)(b) designating a person as the relevant authority in relation to Wales may make such amendments of any enactment (including any enactment contained in this Act) as appear to the Assembly to be necessary or expedient in connection with the designation of that person.

31 Director of Fair Access to Higher Education

(1) There is to be a Director of Fair Access to Higher Education (in this Part referred to as “the Director”).

(2) The Director is to be appointed by the Secretary of State.

(3) The Director is to have such functions relating to plans as are conferred on him by or under this Part.

(4) In addition, the Director may, where he considers it appropriate to do so—

(a) identify good practice relating to the promotion of equality of opportunity in connection with access to higher education (whether full-time or part-time), and

(b) give advice about such practice to publicly-funded institutions.

(5) In subsection (4)(b), “publicly-funded institution” means any institution receiving grants, loans or other payments from the Higher Education Funding Council for England under section 65 of the 1992 Act or from the Teacher Training Agency under section 5 of the 1994 Act.

(6) Schedule 5 makes further provision about the Director.

32 General duties of relevant authority

(1) The Director must perform his functions under this Part in such a way as to promote and safeguard fair access to higher education (including part-time higher education in so far as his functions are exercisable in relation to it).

(2) In the performance of his functions under this Part, the Director has a duty to protect academic freedom including, in particular, the freedom of institutions—

(a) to determine the contents of particular courses and the manner in which they are taught, supervised or assessed, and

(b) to determine the criteria for the admission of students and apply those criteria in particular cases.

(3) The Director must, in the performance of his functions under this Part, have regard to any guidance given to him by the Secretary of State.

(4) The relevant authority in relation to Wales must, in the performance of the functions that are conferred on it by this Part as the relevant authority, have regard to any guidance given to it by the Assembly.

33 Contents of plans

(1) A plan under this section relating to an institution must, in relation to each qualifying course in connection with which fees are to be payable to the institution by qualifying persons, specify or provide for the determination of a limit (not exceeding the higher amount) which those fees are not permitted to exceed.

(2) In relation to England, a plan under this section—

(a) must also include such provisions relating to the promotion of equality of opportunity as are required by regulations to be included in the plan, and

(b) may also include further provisions relating to the promotion of equality of opportunity.

(3) In relation to Wales, a plan under this section—

(a) must also include such provisions relating to—

(i) the promotion of equality of opportunity, or

(ii) the promotion of higher education,

as are required by regulations to be included in the plan, and

(b) may also include further provisions relating to either of those matters.

(4) In this Part any reference to the “general provisions” of a plan under this section is a reference to the provisions included in the plan by virtue of subsection (2) or (3).

(5) The general provisions that may be required by regulations made by virtue of subsection (2) or (3) include, in particular, provisions—

(a) requiring the governing body to take, or secure the taking of, measures to attract applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in higher education,

(b) requiring the governing body to provide, or secure the provision of, financial assistance to students,

(c) requiring the governing body to make available to students and prospective students information about financial assistance available to students from any source,

(d) setting out objectives relating to the promotion of equality of opportunity and, in relation to Wales, the promotion of higher education,

(e) relating to the monitoring by the governing body of—

(i) its compliance with the provisions of the plan, and

(ii) its progress in achieving any objectives set out in the plan by virtue of paragraph (d), and

(f) requiring the provision of information to the relevant authority.

(6) Regulations made under subsection (2) or (3) may not require a plan—

(a) to include among the general provisions of the plan any provision referring to particular courses or to the manner in which courses are taught, supervised or assessed, or

(b) to include any provision relating to the criteria for the admission of students.

(7) In this section—

• “equality of opportunity” means equality of opportunity in connection with access to higher education;

• “the higher amount” means—

  (a)

  in relation to England, the amount from time to time prescribed as the higher amount under section 24(6), and

  (b)

  in relation to Wales, the amount from time to time prescribed as the higher amount under section 28(6);

• “qualifying course” and “qualifying person”—

  (a)

  in relation to England, have the same meaning as in section 24, and

  (b)

  in relation to Wales, have the same meaning as in section 28;

• “regulations” means regulations made—

  (a)

  in relation to England, by the Secretary of State, and

  (b)

  in relation to Wales, by the Assembly.

34 Approval of plans

(1) The governing body of any institution which is or may become eligible to receive grants under section 65 of the 1992 Act or section 5 of the 1994 Act may apply to the relevant authority for approval of a proposed plan relating to the institution.

(2) The relevant authority may, if it thinks fit, approve the plan.

(3) The relevant authority may issue guidance to institutions falling within subsection (1) as to the matters to which the relevant authority will have regard in deciding whether to approve plans.

(4) The relevant authority’s functions under this section are to be exercised in accordance with regulations.

(5) Regulations may, in particular, specify matters to which the relevant authority is, or is not, to have regard in making any determination relating to approval.

(6) Regulations may require the institution to which any plan approved under this section relates to publish the plan in the prescribed manner.

(7) In this section “regulations” means regulations made—

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the Assembly.

35 Duration of plans

(1) A plan must specify the period during which it is to be in force.

(2) The length of that period must not exceed such maximum as may be prescribed by regulations made—

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the Assembly.

(3) Subsections (1) and (2) do not prevent the approval of a new plan to take effect on the expiry of a previous plan.

36 Variation of plans

(1) Regulations may make provision enabling an English approved plan or a Welsh approved plan to be varied with the approval of the relevant authority.

(2) In this section “regulations” means regulations made—

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the Assembly.

37 Enforcement of plans: England

(1) If the Director is satisfied that the governing body of an institution which by virtue of a condition under section 24 is required to comply with the requirement specified in section 24(1)(a) or (c) has failed to comply with that requirement, the Director may do either or both of the following—

(a) direct the Higher Education Funding Council for England or the Teacher Training Agency (or both) to impose specified financial requirements on the governing body under section 24(3), or

(b) notify the governing body that on the expiry of the existing plan he will refuse to approve a new plan under section 34 during a specified period.

(2) The governing body of an institution is not to be regarded for the purposes of subsection (1) as having failed to comply with the requirement specified in section 24(1)(c) by reason of its failure to comply with any of the general provisions of an English approved plan, if the governing body shows that it has taken all reasonable steps to comply with that provision.

(3) The Secretary of State may by regulations