Office of Public Sector Information
Section 31
1 The Director and his staff are not to be regarded as servants or agents of the Crown.
2 (1) The Director is to hold and vacate office in accordance with the terms of his appointment, but—
(a) may not be appointed for a term of more than three years, and
(b) may at any time resign by giving written notice to the Secretary of State.
(2) The previous appointment of a person as Director does not affect his eligibility for re-appointment.
3 There are to be paid to the Director such remuneration and allowances as the Secretary of State may determine.
4 (1) The Director may appoint such staff as he may determine.
(2) The remuneration and other conditions of service of any person appointed under this paragraph are to be determined by the Director.
5 The Director and the Higher Education Funding Council for England may enter into arrangements with each other for the provision to the Director by the Council, on such terms as may be agreed, of staff, accommodation or services.
6 The Secretary of State may make payments to the Director.
7 (1) The Director must provide to the Secretary of State, as soon as possible after the end of each financial year, a report on how he has performed his functions during that year.
(2) The Secretary of State may by direction require the Director, either in a report under sub-paragraph (1) or in a special report, to report to him on such matters related to access to higher education as may be specified in the direction.
(3) The Secretary of State must lay before each House of Parliament a copy of each report provided to him under this paragraph; and the Director must publish the report once it has been so laid.
(4) In this paragraph and paragraph 8 “financial year” means—
(a) the period beginning with the date on which the first Director takes office and ending with the next 31st March, and
(b) each subsequent period of twelve months ending with 31st March.
8 (1) It is the duty of the Director—
(a) to keep proper accounts and proper records in relation to the accounts,
(b) to prepare in respect of each financial year a statement of the accounts in such form as the Secretary of State may direct, and
(c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The Comptroller and Auditor General must examine, certify and report on each statement received by him in pursuance of this paragraph, and must lay copies of each statement and of his report before each House of Parliament.
Section 49
1 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations) insert at the appropriate place “Director of Fair Access to Higher Education”.
2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), insert at the appropriate place “The Arts and Humanities Research Council.”.
3 In Schedule 1 to the Superannuation Act 1972 (which lists the kinds of employment etc. to which a scheme under that Act can apply) omit “The Arts and Humanities Research Board”.
4 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), in Part 3 (other disqualifying offices) insert at the appropriate places—
“Chairman, Deputy Chairman or Chief Executive of the Arts and Humanities Research Council.”, and
“Director of Fair Access to Higher Education.”
5 In section 41 of the Patents Act 1977 (amount of compensation awarded to employees in relation to patent for an invention), in subsection (3) after “Science and Technology Act 1965” insert “or the Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004)”.
6 In section 2 of the Further Education Act 1985 (power of local education authorities to supply goods or services through further or higher education institutions), in subsection (4)(a) after “Science and Technology Act 1965” insert “or for the Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004)”.
7 Omit section 26 of the 1998 Act (imposition of conditions as to fees at further or higher education institutions).
8 In section 28 of the 1998 Act (interpretation of Chapter 1 of Part 2), in subsection (1) omit the definitions of “fees” and “publicly-funded institution”.
9 In section 42 of the 1998 Act (orders and regulations), for subsection (5) substitute—
“(5) That subsection also does not apply to any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.”
10 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 6 (other public bodies and offices: general), insert at the appropriate places—
“The Arts and Humanities Research Council.”, and
“The Director of Fair Access to Higher Education.”
Higher Education Act 2004