Higher Education Act 2004
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Change 1
12 Qualifying complaints
(1) In this Part “qualifying complaint” means, subject to subsections (2) and (3), a complaint about an act or omission of a qualifying institution which is made by a person— (a) as a student or former student at that institution, or (b) as a student or former student at another institution (whether or not a qualifying institution) undertaking a course of study, or programme of research, leading to the grant of one of the qualifying institution’s awards. (2) A complaint which falls within subsection (1) is not a qualifying complaint to the extent that it relates to matters of academic judgment. (2A) A complaint within subsection (1) about an act or omission of a qualifying institution specified in regulations made under paragraph (b) of subsection (2) of section 11 is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a course funded by the Commission for Tertiary Education and Research or the Welsh Ministers under— (a) section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations), (b) section 97(1)(a) of that Act (further education or training), or (c) section 104(1)(a) of that Act (apprenticeships). (3) The designated operator may determine that a complaint within subsection (1) about an act or omission of a qualifying institution within paragraph (da), (e), (ea) or (f) of subsection (1) of section 11, or of a qualifying institution specified in regulations made under subsection (2) of that section, is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a particular course or a course of a particular description.
12 Qualifying complaints
(1) In this Part “qualifying complaint” means, subject to subsections (2) and (3), a complaint about an act or omission of a qualifying institution which is made by a person— (a) as a student or former student at that institution, or (b) as a student or former student at another institution (whether or not a qualifying institution) undertaking a course of study, or programme of research, leading to the grant of one of the qualifying institution’s awards. (2) A complaint which falls within subsection (1) is not a qualifying complaint to the extent that it relates to matters of academic judgment. (2A) A complaint within subsection (1) about an act or omission of a qualifying institution specified in regulations made under paragraph (b) of subsection (2) of section 11 is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a course funded by the Commission for Tertiary Education and Research or the Welsh Ministers under— (a) section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations), (b) section 97(1)(a) of that Act (further education or training), or (c) section 104(1)(a) of that Act (apprenticeships). (3) The designated operator may determine that a complaint within subsection (1) about an act or omission of a qualifying institution within paragraph (da), (e), (ea) or (f) of subsection (1) of section 11, or of a qualifying institution specified in regulations made under subsection (2) of that section, is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a particular course or a course of a particular description.
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