Moved by
Earl Howe
18: Clause 4, page 6, line 25, after “A1” insert “that causes the person to sustain loss”
Member’s explanatory statement
This ensures that only persons who have sustained loss can bring civil proceedings under the new section A7 inserted into the Higher Education and Research Act 2017 by the Bill.
19: Clause 4, page 6, line 27, after “A5” insert “that causes the person to sustain loss”
Member’s explanatory statement
This ensures that only persons who have sustained loss can bring civil proceedings under the new section A7 inserted into the Higher Education and Research Act 2017 by the Bill.
20: Clause 4, page 6, line 27, at end insert—
“(2) 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.
(3) 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).”
Member’s explanatory statement
This provides that a person must first have recourse to a complaints scheme before bringing civil proceedings under the new section A7 inserted into the Higher Education and Research Act 2017 by the Bill.