Higher Education Act 2004 (c. 8)

SCHEDULES

SCHEDULE 4 Termination of designation of operator of student complaints scheme

Part 1 Circumstances in which designation terminated

Introduction

1 This Part of this Schedule sets out the circumstances in which the designation of a body corporate under section 13 is terminated.

Agreement

2 The designation is terminated if the designated operator and the Secretary of State or the Assembly (as the case may be) make an agreement which specifies a date when the designation is to terminate.

3 In this case the designation is terminated on the date specified in the agreement.

Notice given by the designated operator

4 (1) The designation is terminated if the designated operator gives the Secretary of State or the Assembly (as the case may be) notice which specifies a date when the designation is to terminate.

(2) Notice under this paragraph is valid only if the period between—

(a) the date when the notice is given, and

(b) the date specified in the notice,

is one year or longer.

5 In this case the designation is terminated on the date specified in the notice.

Notice given by Secretary of State or Assembly

6 (1) The designation is terminated if the Secretary of State or the Assembly (as the case may be) gives the designated operator notice which specifies a date when the designation is to terminate.

(2) Notice under this paragraph may not be given unless the Secretary of State or the Assembly—

(a) is no longer satisfied that the designated operator meets all of the conditions in Schedule 1, or

(b) is satisfied that the designated operator has failed to comply with section 14.

(3) Notice under this paragraph is valid only if the period between—

(a) the date when the notice is given, and

(b) the date specified in the notice,

is such as the Secretary of State or the Assembly considers reasonable.

7 In this case the designation is terminated on the date specified in the notice.

Operator ceases to exist

8 The designation is terminated if the designated operator ceases to exist.

9 In this case the designation is terminated on the date when the operator ceases to exist.