The Higher Education Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order is the first Commencement Order made under the Higher Education Act 2004 and brings into force certain provisions of that Act on 1^st November 2004 and 1^st January 2005. The provisions are listed in articles 2 to 4.

Article 2 relates to the commencement of provisions concerning the Director of the Office for Fair Access and the designation of the operator for the student complaints scheme. Article 3 relates to the section which amends the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995 and the section dealing with the enforcement of access plans in England. Article 4 relates to the commencement of the sections concerning the jurisdiction of visitors, who will no longer have a role in relation to student complaints against universities and other qualifying institutions.

The provisions listed in articles 2 and 4 are commenced in relation to England only in accordance with the Secretary of State’s power in section 52(6) of the 2004 Act. The provisions in article 3 are commenced in accordance with the Secretary of State’s power in Section 52(2).

Article 5 contains a transitional provision so that visitors will continue to deal with student and staff complaints that are submitted before 1^st January 2005.