OpenLegislation

Higher Education Act 2004 in Northern Ireland

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.

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  2. 1Arts and Humanities Research Council Repealed
  3. 2Transfer to Council of property etc of Arts and Humanities Research Board Repealed
  4. 3Expenses of Council Repealed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 by Council to Secretary of State Repealed
  6. 5Pensions Repealed
  7. 6Accounts and records of Council Repealed
  8. 7Northern Ireland: reserved matters Repealed
  9. 8Activities outside United Kingdom Repealed
  10. 9Charter of Council Repealed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  18. 19Extension of time for bringing discrimination proceedings Repealed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 Repealed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 Repealed
  25. 26Regulations under section 24(6) relating to basic or higher amount Repealed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