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Office Of The Independent Adjudicator
The Office of the Independent Adjudicator for Higher Education (OIA) is a company limited by guarantee and a registered charity which has been designated under the Higher Education Act 2004 to run the higher education student complaints scheme within England and Wales. The OIA's rules outline the complaints that it can and cannot review, these contain new rules from the Consumer Rights Act 2015. The OIA has no regulatory powers over higher education providers, such as universities or colleges, and is unable to punish or fine them. The OIA is a recognised ADR. History As a result of recommendations from the Dearing Report, consultations began about an independent body to which students could make complaints. A white paper in 2003 set out the government goal of establishing the body via legislation. The OIA was established in 2003 and began running a voluntary scheme in 2004 with it becoming the designated operator of the student complaints scheme in 2005. The OIA has effectiv ...
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Private Company Limited By Guarantee
In British, Australian, Bermudian, Hong Kong and Irish company law (and previously New Zealand), a company limited by guarantee (CLG) is a type of corporation used primarily (but not exclusively) for non-profit organisations that require legal personality. A company limited by guarantee does not usually have a share capital or shareholders, but instead has members who act as guarantors of the company's liabilities: each member undertakes to contribute an amount specified in the articles (typically very small) in the event of insolvency or of the winding up of the company. A company limited by guarantee can distribute its profits to its members, if allowed to by its articles of association, but then it would not be eligible for charitable status. Like a private company limited by shares, a company limited by guarantee must include the suffix " Limited" in its name, except in circumstances specifically excluded by law. One condition of this exclusion is that the company does n ...
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Charitable Organization
A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being (e.g. educational, Religion, religious or other activities serving the public interest or common good). The legal definition of a charitable organization (and of charity) varies between countries and in some instances regions of the country. The Charity regulators, regulation, the tax treatment, and the way in which charity law affects charitable organizations also vary. Charitable organizations may not use any of their funds to profit individual persons or entities. (However, some charitable organizations have come under scrutiny for spending a disproportionate amount of their income to pay the salaries of their leadership). Financial figures (e.g. tax refund, revenue from fundraising, revenue from sale of goods and services or revenue from investment) are indicators to assess the financial sustainability of a charity, especially to charity evaluators. This ...
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Higher Education Act 2004
The Higher Education Act 2004 (c 8) is an Act of the Parliament of the United Kingdom that introduced several changes to the higher education system in the United Kingdom, the most important and controversial being a major change to the funding of universities, and the operation of tuition fees, which affects England and Wales. University funding is a devolved matter for Northern Ireland and Scotland. After complex and controversial debates, the Higher Education Bill received Royal Assent on 1 July 2004. Background and political importance Until 1998, all education in the United Kingdom was free up to and including university courses. However, shortly after coming to power, the Labour Party under Prime Minister Tony Blair abolished the student maintenance grant system and introduced an up-front fee fixed at just over £1,000 per year for all university students. Up to a quarter of this fee was waived for the poorest students, but many maintained that education should remain ...
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Consumer Rights Act 2015
The Consumer Rights Act 2015 is an Act of Parliament of the United Kingdom that consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketing and lettings came into force on 27 May 2015, and provisions for alternative dispute resolution (ADR) came into force on 9 July 2015 as per the EU Directive on consumer ADR. Most other provisions came into force on 1 October 2015. In respect of contracts under which a trader provides goods or services to a consumer, the Act replaces the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations 1999 and the Supply of Goods and Services Act 1982, making some changes to rights to return faulty goods for refund, replacement or repair, and adding new rights on the purchase of digital content. The Act is split into three parts: *Part 1 concerns consumer contracts for goods, digital content and services. *Part 2 concerns unfair terms. *Part 3 ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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Dearing Report
The Dearing Report, formally known as the reports of the National Committee of Inquiry into Higher Education, is a series of major reports into the future of Higher Education in the United Kingdom, published in 1997. The report was commissioned by the UK government and was the largest review of higher education in the UK since the Robbins Committee in the early 1960s. The principal author was Sir Ronald Dearing, the Chancellor of the University of Nottingham. It made 93 recommendations concerning the funding, expansion, and maintenance of academic standards. The most significant change in funding recommended by the report is a shift from undergraduate tuition being funded entirely by grants from the government to a mixed system in which tuition fees, supported by low interest government loans, are raised. The report recommended expansion of sub-degree courses, and degree level courses at university, proposing that there was sufficient demand from employers for applicants with hig ...
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White Paper
A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper is the first document researchers should read to better understand a core concept or idea. The term originated in the 1920s to mean a type of position paper or industry report published by some department of the UK government. Since the 1990s, this type of document has proliferated in business. Today, a business-to-business (B2B) white paper is closer to a marketing presentation, a form of content meant to persuade customers and partners and promote a certain product or viewpoint. That makes B2B white papers a type of grey literature. In government The term ''white paper'' originated with the British government and many point to the Churchill White Paper of 1922 as the earliest well-known example under this name. Gertrude Bell, the ...
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Visitor
A visitor, in English and Welsh law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution, often a charitable institution set up for the perpetual distribution of the founder's alms and bounty, who can intervene in the internal affairs of that institution. Those with such visitors are mainly cathedrals, chapels, schools, colleges, universities, and hospitals. Many visitors hold their role ''ex officio'', by serving as the British sovereign, the Archbishop of Canterbury, the Lord Chancellor, the Lord President of the Council, the Lord Chief Justice, or the bishop of a particular diocese. Others can be appointed in various ways, depending on the constitution of the organization in question. Bishops are usually the visitors to their own cathedrals. The King usually delegates his visitatorial functions to the Lord Chancellor. During the reform of the universities of Oxford and Cambridge in the 19th century, Parliament ordered visitations to the ...
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Freedom Of Information Act 2000
The Freedom of Information Act 2000 (c. 36) is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfa ... in the United Kingdom on a national level. Its application is limited in Scotland (which has its own freedom of information legislation) to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 United Kingdom general election, 1997 general election, developed by David Clark, Baron Clark of Windermere, David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted f ...
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Subject Access Request
The right of access, also referred to as right to access and (data) subject access, is one of the most fundamental rights in data protection laws around the world. For instance, the United States, Singapore, Brazil, and countries in Europe have all developed laws that regulate access to personal data as privacy protection. The European Union states that: "The right of access occupies a central role in EU data protection law's arsenal of data subject empowerment measures." This right is often operationalized as a Subject Access Request. European Union The right of access is enshrined as part of the fundamental right to data protection in the Charter of Fundamental Rights of the European Union. It is in fact the only one of the practical rights relating to personal data that is listed there. In the GDPR, this right is defined in various sections of Article 15. There is also a right to access in the GDPR's partner legislation, the Data Protection Law Enforcement Directive. The Eur ...
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Academic Judgment
An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, founded approximately 385 BC at Akademia, a sanctuary of Athena, the goddess of wisdom and skill, north of Athens, Greece. Etymology The word comes from the ''Academy'' in ancient Greece, which derives from the Athenian hero, ''Akademos''. Outside the city walls of Athens, the gymnasium was made famous by Plato as a center of learning. The sacred space, dedicated to the goddess of wisdom, Athena, had formerly been an olive grove, hence the expression "the groves of Academe". In these gardens, the philosopher Plato conversed with followers. Plato developed his sessions into a method of teaching philosophy and in 387 BC, established what is known today as the Old Academy. By extension, ''academia'' has come to mean the accumulation, dev ...
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Times Higher Education
''Times Higher Education'' (''THE''), formerly ''The Times Higher Education Supplement'' (''The Thes''), is a British magazine reporting specifically on news and issues related to higher education. Ownership TPG Capital acquired TSL Education from Charterhouse in a £400 million deal in July 2013 and rebranded TSL Education, of which Times Higher Education was a part, as TES Global. The acquisition by TPG marked the third change of ownership in less than a decade for Times Higher Education, which was previously owned by News International before being acquired by Exponent Private Equity in 2005. In March 2019, private equity group Inflexion Pvt. Equity Partners LLP acquired Times Higher Education from TPG Capital, becoming THE's fourth owners in 15 years. Following the acquisition by the private equity group, Times Higher Education was carved out as an independent entity from TES Global. The investment was made by Inflexion's dedicated mid-market buyout funds. The exclusive a ...
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