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Higher Education Act 2004
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Higher Education Act 2004,
Part 1
is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Part 1 E+WCircumstances in which designation terminated
IntroductionE+W
1E+WThis Part of this Schedule sets out the circumstances in which the designation of a body corporate under section 13 is terminated.
Commencement Information
I1Sch. 4 para. 1 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I2Sch. 4 para. 1 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
AgreementE+W
2E+WThe 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.
Commencement Information
I3Sch. 4 para. 2 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I4Sch. 4 para. 2 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
3E+WIn this case the designation is terminated on the date specified in the agreement.
Commencement Information
I5Sch. 4 para. 3 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I6Sch. 4 para. 3 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
Notice given by the designated operatorE+W
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.E+W
(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.
Commencement Information
I7Sch. 4 para. 4 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I8Sch. 4 para. 4 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
5E+WIn this case the designation is terminated on the date specified in the notice.
Commencement Information
I9Sch. 4 para. 5 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I10Sch. 4 para. 5 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
Notice given by Secretary of State or AssemblyE+W
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.E+W
(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.
Commencement Information
I11Sch. 4 para. 6 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I12Sch. 4 para. 6 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
7E+WIn this case the designation is terminated on the date specified in the notice.
Commencement Information
I13Sch. 4 para. 7 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I14Sch. 4 para. 7 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
Operator ceases to existE+W
8E+WThe designation is terminated if the designated operator ceases to exist.
Commencement Information
I15Sch. 4 para. 8 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I16Sch. 4 para. 8 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
9E+WIn this case the designation is terminated on the date when the operator ceases to exist.
Commencement Information
I17Sch. 4 para. 9 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I18Sch. 4 para. 9 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1
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