Commentary on Sections Part 5: Learner Protection, Complaints Procedures and Learner Engagement Section 128: Qualifying institutions for student complaints scheme
395.This section makes amendments to Part 2 of the Higher Education Act 2004 (“the 2004 Act”) in relation to the student complaints scheme. Under Part 2 of the 2004 Act a body designated by the Welsh Ministers operates a student complaints scheme, which must provide for the review of qualifying complaints against qualifying institutions made by their students or former students. Section 11 of the 2004 Act sets out the qualifying institutions that are subject to the scheme.
396.This section amends section 11 of the 2004 Act so as to allow the Welsh Ministers, by regulations, to specify additional qualifying institutions. The regulations will be able to specify registered providers or other providers in receipt of funding from the Commission under certain provisions of the Act. Section 12 of the 2004 Act is also amended so as to extend the definition of qualifying complaint to those made by persons who are undertaking, or have undertaken, courses funded by the Commission under certain provisions of the Act, and to enable the designated operator to determine as qualifying complaints ones made by those persons on a particular course or particular description of course.