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Higher Education Act 2004

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Section 14

SCHEDULE 3E+WDuties of designated operator of student complaints scheme

This schedulenoteType=Explanatory Notes has no associated

IntroductionE+W

1This Schedule sets out the duties referred to in section 14 and the period during which those duties must be complied with.E+W

Provision of schemeE+W

2The designated operator must provide a scheme for the review of qualifying complaints which meets all of the conditions set out in Schedule 2.E+W

Publication of schemeE+W

3The designated operator must publish the latest version of the scheme in such manner as it thinks fit.E+W

Changes to schemeE+W

4The designated operator must not make any change to a provision of the scheme to which a condition set out in Schedule 2 relates unless the operator has first—E+W

(a)consulted interested parties about the proposed change, and

(b)notified the Secretary of State or the Assembly (as the case requires) of the proposed change.

Compliance with schemeE+W

5The designated operator must comply with any requirements that the scheme imposes on it.E+W

Annual reportE+W

6(1)The designated operator must—E+W

(a)produce an annual report on the scheme and its operation, and

(b)publish the report in such manner as it thinks fit.

(2)The report must include information about—

(a)complaints referred under the scheme,

(b)the decisions and recommendations made by reviewers,

(c)the extent to which recommendations made by reviewers have been followed, and

(d)the way in which the operator has used the fees (if any) paid in connection with the scheme.

ReviewE+W

7(1)This paragraph applies if the Secretary of State or the Assembly requests the designated body to—E+W

(a)conduct a review of the scheme or its operation (or any aspect of either of those matters), and

(b)report the results of the review to the Secretary of State or Assembly.

(2)The designated body must comply with the request within such time as may be specified by the Secretary of State or the Assembly.

(3)In conducting the review, the designated body must comply with any particular requirements imposed by the Secretary of State or the Assembly.

Supply of informationE+W

8The designated operator must provide the Secretary of State or the Assembly with such information about itself, and the scheme and its operation, as the Secretary of State or the Assembly may reasonably require for the purposes of his or the Assembly’s functions under Part 2 of this Act.E+W

Period during which the designated operator must comply with dutiesE+W

9(1)The duties set out in this Schedule apply from the relevant date and cease to apply only if the designation is terminated.E+W

(2)The “relevant date” means—

(a)in relation to the duties set out in paragraphs 3, 4, 5 and 8, the date on which notice of designation is received in accordance with section 13(4)(a), and

(b)in relation to the duties set out in the other paragraphs, the effective date of the designation.

Duties to publish information: further provisionE+W

10Where by virtue of this Schedule the designated operator is under a duty to publish information, it must, in choosing the manner in which the information is to be published, have regard to the object of making that information available to interested parties.E+W

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