OpenLegislation

Higher Education Act 2004 in Scotland

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  2. 1Arts and Humanities Research Council Repealed
  3. 2Transfer to Council of property etc of Arts and Humanities Research Board Repealed
  4. 3Expenses of Council Repealed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 by Council to Secretary of State Repealed
  6. 5Pensions Repealed
  7. 6Accounts and records of Council Repealed
  8. 7Northern Ireland: reserved matters Repealed
  9. 8Activities outside United Kingdom Repealed
  10. 9Charter of Council Repealed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  18. 19Extension of time for bringing discrimination proceedings Repealed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