Paragraph 3 I1I2
Condition B is that the scheme provides that every qualifying complaint made about the qualifying institutions to which it relates is capable of being referred under the scheme.
A scheme does not fail to meet condition B only because it contains some or all of the following—
provision that qualifying complaints are to be referred under the scheme within a time limit specified in, or determined in accordance with, the scheme;
provision that, where a qualifying complaint is made about a qualifying institution which provides an internal procedure for the review of complaints, the complaint is not to be referred under the scheme until the complainant has exhausted the internal procedure;
provision that a qualifying complaint is not to be referred under the scheme if—
relevant proceedings have been concluded, or
relevant proceedings that have not been concluded have not been stayed.
provision that a qualifying complaint is not to be referred under the scheme if a complaint brought by the complainant and relating to the same subject-matter is being, or has been, dealt with by the Office for Students under the scheme provided by virtue of Schedule 6A to the Higher Education and Research Act 2017.
In sub-paragraph (2)(c) “relevant proceedings” means proceedings relating to the subject matter of the qualifying complaint that have been brought at first instance before a court or tribunal.
Annotations
Textual amendments
- F1
Sch. 2 para. 3(2)(d) inserted (1.9.2026 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 19; S.I. 2026/654, reg. 2(4)(e)
Commencement
- I1
Sch. 2 para. 3 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
- I2
Sch. 2 para. 3 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1