- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
After section A6 of the Higher Education and Research Act 2017 (inserted by section 3) insert—
(1)A person may bring civil proceedings against—
(a)a registered higher education provider, in respect of a breach by the governing body of the provider of any of its duties under section A1 that causes the person to sustain loss,
(b)a constituent institution of a registered higher education provider, in respect of a breach by the governing body of the institution of any of its duties under section A1 that causes the person to sustain loss, or
(c)a students’ union, in respect of a breach by it of any of its duties under section A5 that causes the person to sustain loss.
(2)In subsection (1), “loss” means loss of any kind (pecuniary or non-pecuniary).
(3)A person may bring proceedings under subsection (1) only if—
(a)the person has brought a complaint relating to the same subject- matter as the proceedings under a relevant complaints scheme, and
(b)a decision has been made under that scheme as to the extent to which the complaint was justified.
(4)Each of the following is a “relevant complaints scheme”—
(a)the scheme provided by virtue of Schedule 6A (the free speech complaints scheme), and
(b)the scheme for the review of qualifying complaints (within the meaning of section 12 of the Higher Education Act 2004) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).
(5)Subsection (3) does not apply where the civil proceedings under subsection (1) are for an injunction only.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: