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HIGHER EDUCATION ACT 2004

UK Public General Acts

Version 27/06/2017

2004 CHAPTER 8

Default Geographical Extent: E+W+S+N.I.


  • Part 1. Research in Arts and Humanities
  • Part 2 (E+W). Review of student complaints
  • Part 3 (E+W). Student fees and fair access
    • Introductory (E+W)
    • Imposition of conditions as to fees (E+W)
    • Plans authorising fees of more than basic amount (E+W)
    • Supplementary (E+W)
  • Part 4. Student support
  • Part 5. Miscellaneous and general
    • Staff disputes: jurisdiction of visitor (E+W)
    • General
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  • Version 01/07/2004

Introductory Text

Higher Education Act 2004

2004 CHAPTER 8

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:—

Annotations:

Modifications etc. (not altering text)

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)


Part 1
Research in Arts and Humanities



1 Arts and Humanities Research Council

In this Part “the Arts and Humanities Research Council” means a body to be established by Royal Charter wholly or mainly for objects consisting of, or comprised in, the following—

(a) carrying out, facilitating, encouraging and supporting—
(i) research in the arts and humanities, and
(ii) instruction in the arts and humanities,
(b) advancing and disseminating knowledge in, and promoting understanding of, the arts and humanities,
(c) promoting awareness of the body’s activities, and
(d) providing advice on matters relating to the body’s activities.
Annotations:

Commencement Information

I1 S. 1 in force at 16.12.2004 by S.I. 2004/3255, art. 2


2 Transfer to Council of property etc of Arts and Humanities Research Board

(1) All property, rights and liabilities to which the Arts and Humanities Research Board is entitled or subject immediately before the appointed day become, by virtue of this section, property, rights and liabilities of the Arts and Humanities Research Council on that day.

(2) Where rights and liabilities under a contract of employment are transferred by virtue of subsection (1) , the contract has effect from the appointed day as if originally made between the employee and the Council.

(3) In this section “the appointed day” means the day appointed under section 52(2) for the commencement of this section.

Annotations:

Commencement Information

I2 S. 2 in force at 1.4.2005 by S.I. 2005/767, art. 2


3 Expenses of Council

(1) The Secretary of State may pay the Arts and Humanities Research Council such sums as he determines in respect of the expenses that the Council has incurred, or expects to incur, in carrying out the objects listed in section 1.

(2) Subsection (1) applies whether the Council has incurred, or expects to incur, the expenses in the United Kingdom or elsewhere.

(3) The Council must comply with any direction of the Secretary of State as to the use or expenditure of payments made under subsection (1).

(4) The Council must give the Secretary of State programmes and estimates of its expenses.

(5) Programmes and estimates under subsection (4) must be given—

(a) in the form required by the Secretary of State, and
(b) at the times required by the Secretary of State.
Annotations:

Commencement Information

I3 S. 3 in force at 16.12.2004 by S.I. 2004/3255, art. 2


4 Returns, reports etc. by Council to Secretary of State

(1) The Arts and Humanities Research Council must give the Secretary of State such returns, accounts and other information relating to its property and activities as the Secretary of State requires.

(2) As soon as possible after the end of each financial year, the Council must give the Secretary of State a report on the performance of its functions during that year.

(3) The Secretary of State must lay a copy of any report given under subsection (2) before each House of Parliament.

(4) The copy of a report laid in accordance with subsection (3) may include any comments which the Secretary of State has on the report.

(5) In this section “financial year” means a period of 12 months ending with 31st March.

Annotations:

Commencement Information

I4 S. 4 in force at 16.12.2004 by S.I. 2004/3255, art. 2


5 Pensions

(1) Employment by the Arts and Humanities Research Council is included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2) Accordingly, in the appropriate place in the list of Other Bodies in Schedule 1 to that Act (which lists the kinds of employment etc. to which a scheme can apply) there is inserted “ The Arts and Humanities Research Council ”.

(3) The Arts and Humanities Research Council must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of the increase attributable to subsection (1) in the sums payable under that Act out of money provided by Parliament.

Annotations:

Commencement Information

I5 S. 5 in force at 16.12.2004 by S.I. 2004/3255, art. 2


6 Accounts and records of Council

(1) The Arts and Humanities Research Council must keep proper accounts and other records.

(2) The Council must give the Secretary of State a statement of accounts in relation to each financial year.

(3) A statement of accounts under subsection (2) must be given—

(a) in the form required by the Secretary of State, and
(b) at the time required by the Secretary of State.
(4) The Secretary of State must transmit each statement of accounts given under subsection (2) to the Comptroller and Auditor General on or before 30th November following the end of the financial year to which the statement relates.

(5) The Comptroller and Auditor General must—

(a) examine and certify each statement of accounts transmitted under subsection (4) , and
(b) lay before each House of Parliament—
(i) a copy of the accounts, and
(ii) a report on the accounts.
(6) In this section “financial year” has the same meaning as in section 4.

Annotations:

Commencement Information

I6 S. 6 in force at 16.12.2004 by S.I. 2004/3255, art. 2


7 Northern Ireland: reserved matters

In Schedule 3 to the Northern Ireland Act 1998 (c. 47) (reserved matters) , after paragraph 35 there is inserted—
“35A The Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004).”
Annotations:

Commencement Information

I7 S. 7 in force at 16.12.2004 by S.I. 2004/3255, art. 2


8 Activities outside United Kingdom

Nothing in this Part restricts the activities of the Arts and Humanities Research Council to the United Kingdom or any part of the United Kingdom.

Annotations:

Commencement Information

I8 S. 8 in force at 16.12.2004 by S.I. 2004/3255, art. 2


9 Charter of Council

Nothing in this Part affects—

(a) any power to amend or revoke the charter of the Arts and Humanities Research Council, or
(b) the operation of any amendment made to the charter of the Council.
Annotations:

Commencement Information

I9 S. 9 in force at 16.12.2004 by S.I. 2004/3255, art. 2


10 Research in arts and humanities

(1) The Secretary of State may—

(a) carry out or support research in the arts and humanities,
(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and humanities,
(d) establish advisory bodies for the purpose of assisting the Secretary of State in matters connected with research in the arts and humanities, and
(e) if the Secretary of State establishes such a body, appoint its members on terms which include the payment of remuneration, allowances or pension benefits to or in respect of them.
(2) The National Assembly for Wales (in this Act referred to as “the Assembly”) may, in relation to Wales,—

(a) carry out or support research in the arts and humanities,
(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and humanities,
(d) establish advisory bodies for the purpose of assisting the Assembly in matters connected with research in the arts and humanities, and
(e) if the Assembly establishes such a body, appoint its members on terms which include the payment of remuneration, allowances or pension benefits to or in respect of them.
(3) The Scottish Ministers may, in relation to Scotland,—

(a) carry out or support research in the arts and humanities,
(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and humanities,
(d) establish advisory bodies for the purpose of assisting the Scottish Ministers in matters connected with research in the arts and humanities, and
(e) if the Scottish Ministers establish such a body, appoint its members on terms which include the payment of remuneration, allowances or pension benefits to or in respect of them.
(4) The Northern Ireland Department having responsibility for higher education may, in relation to Northern Ireland,—

(a) carry out or support research in the arts and humanities,
(b) disseminate the results of research in the arts and humanities,
(c) further the practical application of the results of research in the arts and humanities,
(d) establish advisory bodies for the purpose of assisting the Department in matters connected with research in the arts and humanities, and
(e) if the Department establishes such a body, appoint its members on terms which include the payment of remuneration, allowances or pension benefits to or in respect of them.
[F1 (5) The powers under this section to give financial support include, in particular, power to make a grant, loan or other payment, on such terms and conditions as the relevant authority considers appropriate.

(6) The terms and conditions may, in particular—

(a) enable the relevant authority to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with,
(b) require the payment of interest in respect of any period during which a sum due to the relevant authority in accordance with any of the terms and conditions remains unpaid, and
(c) require a person to whom financial support is given to provide the relevant authority with any information it requests for the purpose of the exercise of any of its functions.
(7) In subsections (5) and (6) , “the relevant authority” means—

(a) in the case of the power under subsection (1) (a) , the Secretary of State;
(b) in the case of the power under subsection (2) (a) , the Welsh Ministers;
(c) in the case of the power under subsection (3) (a) , the Scottish Ministers;
(d) in the case of the power under subsection (4) (a) , the Northern Ireland Department having responsibility for higher education.]
Annotations:

Amendments (Textual)

F1 S. 10(5)-(7) inserted (27.6.2017) by Higher Education and Research Act 2017 (c. 29), ss. 110(2), 124(4)

Commencement Information

I10 S. 10(1)(4) in force at 16.12.2004 by S.I. 2004/3255, art. 2

I11 S. 10(2) in force for W. at 7.7.2005 by S.I. 2005/1833, art. 4(a)

I12 S. 10(3) in force for S. at 31.1.2005 by S.S.I. 2005/33, art. 3


Part 2 (E+W)
Review of student complaints



11 Qualifying institutions (E+W)

In this Part “qualifying institution” means any of the following institutions in England or Wales—

(a) a university (whether or not receiving financial support under section 65 of the 1992 Act) whose entitlement to grant awards is conferred or confirmed by—
(i) an Act of Parliament,
(ii) a Royal Charter, or
(iii) an order under section 76 of the 1992 Act;
(b) a constituent college, school or hall or other institution of a university falling within paragraph (a) ;
(c) an institution conducted by a higher education corporation;
(d) a designated institution, as defined by section 72(3) of the 1992 Act.
[F2 (e) an institution (other than one within another paragraph of this section) which provides higher education courses which are designated for the purposes of section 22 of the 1998 Act by or under regulations under that section;
(f) an institution (other than one within another paragraph of this section) whose entitlement to grant awards is conferred by an order under section 76(1) of the 1992 Act.]
Annotations:

Amendments (Textual)

F2 S. 11(e)(f) inserted (1.9.2015) by Consumer Rights Act 2015 (c. 15), ss. 89(2), 100(5); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3)

Commencement Information

I13 S. 11 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2

I14 S. 11 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1


12 Qualifying complaints (E+W)

(1) In this Part “qualifying complaint” means, subject to [F3 subsections (2) and (3) ] , a complaint about an act or omission of a qualifying institution which is made by a person—

(a) as a student or former student at that institution, or
(b) as a student or former student at another institution (whether or not a qualifying institution) undertaking a course of study, or programme of research, leading to the grant of one of the qualifying institution’s awards.
(2) A complaint which falls within subsection (1) is not a qualifying complaint to the extent that it relates to matters of academic judgment.

[F4 (3) The designated operator may determine that a complaint within subsection (1) about an act or omission of a qualifying institution within paragraph (e) or (f) of section 11 is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a particular course or a course of a particular description.]

Annotations:

Amendments (Textual)

F3 Words in s. 12(1) substituted (1.9.2015) by Consumer Rights Act 2015 (c. 15), ss. 89(3)(a), 100(5); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3)

F4 S. 12(3) inserted (1.9.2015) by Consumer Rights Act 2015 (c. 15), ss. 89(3)(b), 100(5); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3)

Commencement Information

I15 S. 12 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2

I16 S. 12 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1