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Higher Education Act 2004

2004 c. 8 · Enacted 1 July 2004 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 September 2026.

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ProvisionChangeMade by
s. 11(1)(a)words substitutedTertiary Education and Research (Wales) Act 2022 Sch. 4 para. 16(2)
An Act to make provision about research in the arts and humanities and about complaints by students against institutions providing higher education; to make provision about fees payable by students in higher education; to provide for the appointment of a Director of Fair Access to Higher Education; to make provision about grants and loans to students in higher or further education; to limit the jurisdiction of visitors of institutions providing higher education; and for connected purposes.[1st July 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3

Annotations to the whole text

Modifications

C1

Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), reg. 1, Sch. 2 para. 2

C2

Act modified (7.4.2005) by Education Act 2005 (c. 18), ss. 96(2), 125(1)(b)

C3

Act Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)

Contents

  1. Part 1: Research in Arts and Humanities
  2. 1Arts and Humanities Research Council Repealed
  3. 2Transfer to Council of property etc of Arts and Humanities Research Board Repealed
  4. 3Expenses of Council Repealed
  5. 4Returns, reports etc. by Council to Secretary of State Repealed
  6. 5Pensions Repealed
  7. 6Accounts and records of Council Repealed
  8. 7Northern Ireland: reserved matters Repealed
  9. 8Activities outside United Kingdom Repealed
  10. 9Charter of Council Repealed
  11. 10Research in arts and humanities
  12. Part 2: Review of student complaints
  13. 11Qualifying institutions
  14. 12Qualifying complaints
  15. 13Designation of operator of student complaints scheme
  16. 14Duties of designated operator
  17. 15Duties of qualifying institutions
  18. 16Termination of designation
  19. 17Privilege in relation to law of defamation
  20. 18Provision where designation of operator to cease
  21. 19Extension of time for bringing discrimination proceedings Repealed
  22. 20Exclusion of visitor’s jurisdiction in relation to student complaints
  23. 20AInstitutions that cease to be qualifying institutions
  24. 21Interpretation of Part 2
  25. Part 3: Student fees and fair access
  26. Introductory
  27. 22Meaning of “plan” etc. Repealed
  28. Imposition of conditions as to fees
  29. 23Duty of Secretary of State to impose condition as to student fees, etc. Repealed
  30. 24Condition to be imposed by English funding bodies Repealed
  31. 25Transitional cases in which condition must not allow fees to exceed basic amount Repealed
  32. 26Regulations under section 24(6) relating to basic or higher amount Repealed
  33. 27Power of National Assembly for Wales to impose conditions as to student fees, etc. Repealed
  34. 28Condition that may be required to be imposed by HEFCW Repealed
  35. 29Sections 23 to 26: supplementary provisions Repealed
  36. Plans authorising fees of more than basic amount
  37. 30Meaning of “the relevant authority” Repealed
  38. 31Director of Fair Access to Higher Education Repealed
  39. 32General duties of relevant authority Repealed
  40. 33Contents of plans Repealed
  41. 34Approval of plans Repealed
  42. 35Duration of plans Repealed
  43. 36Variation of plans Repealed
  44. 37Enforcement of plans... Repealed
  45. 38Enforcement of plans: Wales Repealed
  46. 39Review of decisions made by relevant authority Repealed
  47. Supplementary
  48. 40Provision of information Repealed
  49. 40AProvision of reports, information and advice by the relevant authority in relation to Wales Repealed
  50. 41Interpretation of Part 3 Repealed
  51. Part 4: Student support
  52. 42Effect of bankruptcy
  53. 43Other amendments of section 22 of Teaching and Higher Education Act 1998
  54. 44Transfer of certain functions to National Assembly for Wales
  55. 45Supply of information held by student support authority
  56. Part 5: Miscellaneous and general
  57. Staff disputes: jurisdiction of visitor
  58. 46Exclusion of visitor’s jurisdiction in relation to staff disputes
  59. General
  60. 47Orders and regulations
  61. 48General interpretation
  62. 49Consequential amendments
  63. 50Repeals
  64. 51Financial provisions
  65. 52Commencement
  66. 53Extent
  67. 54Short title, etc.
  68. Schedule 1: Conditions to be met by operator of student complaints scheme
  69. Introduction
  70. 1Paragraph 1
  71. Suitability
  72. 2Paragraph 2
  73. Capability
  74. 3Paragraph 3
  75. Schedule 2: Conditions to be met by student complaints scheme
  76. Introduction.
  77. 1Paragraph 1
  78. Qualifying institutions
  79. 2Paragraph 2
  80. Referral of qualifying complaints
  81. 3Paragraph 3
  82. Individuals to review complaints
  83. 4Paragraph 4
  84. Review of complaint
  85. 5Paragraph 5
  86. Recommendation of reviewer if complaint justified
  87. 6Paragraph 6
  88. Reviewers to notify parties of decisions, recommendations etc.
  89. 7Paragraph 7
  90. Fees
  91. 8Paragraph 8
  92. 9Paragraph 9
  93. Scheme also applying to bodies that are not qualifying institutions
  94. 10Paragraph 10
  95. Interpretation
  96. 11Paragraph 11
  97. Power to amend this Schedule
  98. 12Paragraph 12
  99. Schedule 3: Duties of designated operator of student complaints scheme
  100. Introduction
  101. 1Paragraph 1
  102. Provision of scheme
  103. 2Paragraph 2
  104. Publication of scheme
  105. 3Paragraph 3
  106. Changes to scheme
  107. 4Paragraph 4
  108. Compliance with scheme
  109. 5Paragraph 5
  110. Annual report
  111. 6Paragraph 6
  112. Review
  113. 7Paragraph 7
  114. Supply of information
  115. 8Paragraph 8
  116. Period during which the designated operator must comply with duties
  117. 9Paragraph 9
  118. Duties to publish information: further provision
  119. 10Paragraph 10
  120. Schedule 4: Termination of designation of operator of student complaints scheme
  121. Part 1: Circumstances in which designation terminated
  122. Introduction
  123. 1Paragraph 1
  124. Agreement
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. Notice given by the designated operator
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. Notice given by Secretary of State or Assembly
  131. 6Paragraph 6
  132. 7Paragraph 7
  133. Operator ceases to exist
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. Part 2: Agreement made or notice given under Part 1: supplementary provision
  137. Introduction
  138. 10Paragraph 10
  139. Effect of agreement or notice on provisions of Part 1 of Schedule
  140. 11Paragraph 11
  141. Circumstances in which agreement or notice superseded
  142. 12Paragraph 12
  143. Agreement or notice not capable of variation or cancellation or revocation
  144. 13Paragraph 13
  145. 14Paragraph 14
  146. Schedule 5: The Director of Fair Access to Higher Education: supplementary provisions Repealed
  147. Status, appointment and remuneration of Director Repealed
  148. 1Paragraph 1 Repealed
  149. 2Paragraph 2 Repealed
  150. 3Paragraph 3 Repealed
  151. Staff Repealed
  152. 4Paragraph 4 Repealed
  153. Arrangements with Higher Education Funding Council for England Repealed
  154. 5Paragraph 5 Repealed
  155. Finance Repealed
  156. 6Paragraph 6 Repealed
  157. Reports Repealed
  158. 7Paragraph 7 Repealed
  159. Accounts Repealed
  160. 8Paragraph 8 Repealed
  161. Schedule 6: Consequential amendments
  162. Public Records Act 1958 (c. 51)
  163. 1Paragraph 1 Repealed
  164. Parliamentary Commissioner Act 1967 (c. 13)
  165. 2Paragraph 2
  166. Superannuation Act 1972 (c. 11)
  167. 3Paragraph 3
  168. House of Commons Disqualification Act 1975 (c. 24)
  169. 4Paragraph 4
  170. Patents Act 1977 (c. 37)
  171. 5Paragraph 5
  172. Further Education Act 1985 (c. 47)
  173. 6Paragraph 6
  174. Teaching and Higher Education Act 1998 (c. 30)
  175. 7Paragraph 7
  176. 8Paragraph 8
  177. 9Paragraph 9
  178. Freedom of Information Act 2000 (c. 36)
  179. 10Paragraph 10
  180. Schedule 7: Repeals