Journal of the 1130th Special Plenary Meeting of the Permanent Council
A body corporate called the Office for Students is established.
In this Act that body is referred to as “the OfS”.
Schedule 1 contains further provision about the OfS.
In performing its functions, the OfS must have regard to—
the need to protect the institutional autonomy of English higher education providers,
the need to promote quality, and greater choice and opportunities for students, in the provision of higher education by English higher education providers,
the need to promote the importance of freedom of speech within the law in the provision of higher education by English higher education providers,
the need to encourage competition between English higher education providers in connection with the provision of higher education where that competition is in the interests of students and employers, while also having regard to the benefits for students and employers resulting from collaboration between such providers,
the need to protect the academic freedom of academic staff at English higher education providers,
the need to promote value for money in the provision of higher education by English higher education providers,
the need to promote equality of opportunity in connection with access to and participation in higher education provided by English higher education providers,
the need to use the OfS's resources in an efficient, effective and economic way, and
so far as relevant, the principles of best regulatory practice, including the principles that regulatory activities should be—
transparent, accountable, proportionate and consistent, and
targeted only at cases in which action is needed.
The reference in subsection (1)(b) to choice in the provision of higher education by English higher education providers includes choice amongst a diverse range of—
types of provider,
higher education courses, and
means by which they are provided (for example, full-time or part-time study, distance learning or accelerated courses).
In performing its functions, including its duties under subsection (1), the OfS must have regard to guidance given to it by the Secretary of State.
In giving such guidance, the Secretary of State must have regard to the need to protect the institutional autonomy of English higher education providers and the academic freedom of academic staff at such providers.
The guidance may, in particular, be framed by reference to particular courses of study but, whether or not the guidance is framed in that way, it must not relate to—
particular parts of courses of study,
the content of such courses,
the manner in which they are taught, supervised or assessed,
the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or
the criteria for the admission of students, or how they are applied.
Guidance framed by reference to a particular course of study must not guide the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study.
Guidance given by the Secretary of State to the OfS which relates to English higher education providers must apply to such providers generally or to a description of such providers.
In this Part, “the institutional autonomy of English higher education providers” means—
the freedom of English higher education providers within the law to conduct their day to day management in an effective and competent way, and
the freedom of English higher education providers—
to determine the content of particular courses and the manner in which they are taught, supervised and assessed,
to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and
to determine the criteria for the admission of students and apply those criteria in particular cases, ...
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to question and test received wisdom, and
to put forward new ideas and controversial or unpopular opinions,
The OfS must establish and maintain a register of English higher education providers (referred to in this Part as “the register”).
The register may be divided by the OfS into different parts representing such different categories of registration as the OfS may determine.
The OfS must register an institution in the register (or, where it has been divided into parts, in a particular part of the register) if—
its governing body applies for it to be registered in the register (or in that part),
it is, or intends to become, an English higher education provider,
it satisfies the initial registration conditions applicable to it in respect of the registration sought (see section 5), and
the application complies with any requirements imposed under subsection (5).
The OfS may not otherwise register an institution in the register.
The OfS may determine—
the form of an application for registration in the register (or in a particular part of the register),
the information to be contained in it or provided with it, and
the manner in which an application is to be submitted.
The Secretary of State may by regulations make provision about the information which must be contained in an institution's entry in the register.
Once registered, an institution's ongoing registration is subject to satisfying—
the general ongoing registration conditions applicable to it at the time of its registration and as they may be later revised (see section 5), and
the specific ongoing registration conditions (if any) imposed on it at the time of its registration and as they may be later varied (see section 6).
References in this Part to the ongoing registration conditions of an institution are to the conditions mentioned in subsection (7)(a) and (b).
The OfS must make the information contained in the register, and the information previously contained in it, publicly available by such means as it considers appropriate.
In this Part—
a “registered higher education provider” means an institution which is registered in the register, and
references to “registration” are to be read accordingly.
Before refusing an application to register an institution, the OfS must notify the governing body of the institution of its intention to do so.
The notice must—
specify the OfS's reasons for proposing to refuse to register the institution,
specify the period during which the governing body of the institution may make representations about the proposal (“the specified period”), and
specify the way in which those representations may be made.
The specified period must not be less than 28 days beginning with the date on which the notice is received.
The OfS must have regard to any representations made by the governing body of the institution during the specified period in deciding whether to register it in the register.
Having decided whether or not to register the institution, the OfS must notify the governing body of the institution of its decision.
Where the decision is to register the institution, the notice must—
specify the date of entry in the register, and
specify the ongoing registration conditions of the institution at that time.
Where the decision is to refuse to register the institution, the notice must contain information as to the grounds for the refusal.
The OfS must determine and publish—
the initial registration conditions, and
the general ongoing registration conditions.
Different conditions may be determined—
for different descriptions of provider;
for registration in different parts of the register.
The OfS may revise the conditions.
If the OfS revises the conditions, it must publish them as revised.
Before determining or revising the conditions, the OfS must, if it appears to it appropriate to do so, consult bodies representing the interests of English higher education providers which appear to the OfS to be concerned.
The OfS may, at the time of an institution's registration or later, decide that a particular general ongoing registration condition is not applicable to it.
Where the decision is made after the institution's registration, the OfS must notify the governing body of the institution of its decision.
The OfS may, at the time of an institution's registration or later, impose such conditions on its registration as the OfS may determine (“the specific ongoing registration conditions”).
The OfS may at any time vary or remove a specific ongoing registration condition.
Before— the OfS must notify the governing body of the institution of its intention to do so.
varying or removing a specific ongoing registration condition on an institution's registration, or
imposing a new specific ongoing registration condition on its registration,
The notice must—
specify the OfS's reasons for proposing to take the step in question,
specify the period during which the governing body of the institution may make representations about the proposal (“the specified period”), and
specify the way in which those representations may be made.
The specified period must not be less than 28 days beginning with the date on which the notice is received.
The OfS must have regard to any representations made by the governing body of the institution during the specified period in deciding whether to take the step in question.
Having decided whether or not to take the step in question, the OfS must notify the governing body of the institution of its decision.
If the OfS decides to vary or remove a specific ongoing registration condition or impose a new specific ongoing registration condition, the notice must—
specify the condition (as varied), the condition being removed or the new condition (as the case may be), and
specify the date when the variation, removal or imposition takes effect.
For the purposes of this section, a specific ongoing registration condition is “new” if it is imposed otherwise than at the time of the institution's registration.
The OfS must ensure that the initial registration conditions applicable to an institution and its ongoing registration conditions are proportionate to the OfS's assessment of the regulatory risk posed by the institution.
“Regulatory risk” means the risk of the institution, when it is registered, failing to comply with regulation by the OfS.
In light of its duty under subsection (1), the OfS must keep the initial registration conditions applicable to an institution and its ongoing registration conditions under review.
The OfS must ensure that the ongoing registration conditions of each registered higher education provider include—
a condition that requires the governing body of the provider to notify the OfS of any change of which it becomes aware which affects the accuracy of the information contained in the provider's entry in the register,
a condition that requires the governing body of the provider to provide the OfS, or a person nominated by the OfS, with such information for the purposes of the performance of the OfS's functions as the OfS may require it to provide, and
a condition that requires the governing body of the provider to provide a designated body with such information for the purposes of the performance of its duties under sections 64(1) and 65(1) (compiling, making available and publishing higher education information) as the designated body may require it to provide.
In subsection (1)(c), “designated body” means a body for the time being designated under Schedule 6.
The OfS must ensure that the ongoing registration conditions of each registered higher education provider of a prescribed description include a transparency condition.
A transparency condition is a condition that requires the governing body of a registered higher education provider to provide to the OfS, and publish, such information as the OfS requests in relation to one or more of the following—
the number of applications for admission on to higher education courses that the provider has received;
the number of offers made by the provider in relation to those applications;
the number of those offers that were accepted;
the number of students who accepted those offers that completed their course with the provider;
the number of students who attained a particular degree or other academic award, or a particular level of such an award, on completion of their course with the provider.
The information which the OfS may request in relation to the numbers mentioned in subsection (2) includes those numbers by reference to one or more of the following—
the gender of the individuals to which they relate;
their ethnicity;
their socio-economic background.
“Prescribed” means prescribed by regulations made by the Secretary of State for the purposes of this section.
The OfS must not request information relating to modules of full courses by virtue of a transparency condition more frequently than it requests information relating to full courses by virtue of the condition.
The OfS must ensure that the ongoing registration conditions of each registered higher education provider of a prescribed description include a fee limit condition.
In this Part, “a fee limit condition” means a condition that requires the governing body of the provider to secure that regulated course fees do not exceed the fee limit.
“Regulated course fees” are fees payable to the provider by a qualifying person—
in connection with his or her undertaking a qualifying course, and
in respect of an academic year applicable to that course which begins at the same time as, or while, the provider is registered in the register. in respect of so much of the course as is undertaken during a regulated course year of that course.
A “qualifying person” means a person who—
is not an international student, and
is within a prescribed description of persons.
The reference in subsection (3) to fees payable to the provider includes fees payable to any other institution or person who, under arrangements with the provider, participates in the provision of the qualifying course.
An “international student” means a person who is not within any description of persons prescribed under section 1 of the Education (Fees and Awards) Act 1983 (charging of higher fees in case of students without prescribed connection with the UK) for the purposes of subsection (1) or (2) of that section.
A “qualifying course” means a higher education course of a prescribed description.
The power to prescribe descriptions of higher education course under subsection (6) may not be exercised in such a way as to discriminate—
in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, and
in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate.
The OfS has no power, apart from this section, to limit the fees payable to an English higher education provider.
A module that falls within a description prescribed under subsection (6) is not to be treated as a qualifying course in relation to a course year of the module if—
the fee limit applicable to the course year would be determined by the credit-based method (see paragraph 1 of Schedule 2), but
credits are not to be regarded as attached to the course year for the purposes of paragraphs 1D and 1E of Schedule 2.
In this section—
in relation to any other relevant person, a function prescribed by regulations made by the Secretary of State.
The OfS may delegate any of its functions to— But a function which is one of the OfS's access and participation functions may only be delegated to the Access and Participation Director. A function is delegated under this paragraph to the extent, and on the terms that, the OfS determines.
The application of the OfS's seal must be authenticated by the signature of— A document purporting to be duly executed under the OfS's seal or signed on its behalf—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ Office for Students. ”
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), at the appropriate place insert— “ The Office for Students. ”
The OfS may consult in accordance with sub-paragraph (3) about whether there is a body that is suitable to perform the assessment functions. The Secretary of State may direct the OfS to consult in accordance with sub-paragraph (3) about whether there is a body that is suitable to perform the assessment functions. The OfS consults in accordance with this sub-paragraph if it consults—
A body is suitable to perform the assessment functions if the body satisfies conditions A to D. Condition A is that the body is capable of performing the assessment functions in an effective manner. Condition B is that— Condition C is that the body consents to being designated under this Schedule. Condition D is that the body is a body corporate and is not—
The OfS must make arrangements for holding the designated body to account for the performance of the assessment functions.
The OfS may give the designated body general directions about the performance of any of the assessment functions. In giving such directions, the OfS must have regard to the need to protect— Such directions must relate to— The designated body must comply with any directions given under this paragraph.
who is not within any description of persons prescribed under section 1 of the Education (Fees and Awards) Act 1983 (charging of higher fees in case of students without prescribed connection with the UK) for the purposes of subsection (1) or (2) of that section, and
Schedule 2 contains provision about determining “the fee limit”; see section 85(2) for the meaning of “fees”.
Subsection (7) does not prevent regulations under subsection (6) from treating courses differently according to whether, or how, regulations under section 22 of the Teaching and Higher Education Act 1998 apply in relation to them.
A “course year”, in relation to a qualifying course, means— and a course year is a “regulated course year” if it begins at the same time as, or while, the provider of the course is registered in the register.
the period of 12 months beginning with the first day of the month in which the course begins, and
each subsequent period of 12 months (if any) in which part of the course is undertaken;
Regulated course fees “exceed the fee limit” if they exceed the fee limit applicable to the regulated course year in question (see subsection (3)(b)).
The OfS must publish in each year a list of—
the registered higher education providers who have a fee limit condition as an ongoing registration condition, and
the fee limits as determined under Schedule 2 in relation to each of those providers for fees in connection with each qualifying course provided by the provider in respect of each relevant academic year.
A “relevant academic year”, in relation to a qualifying course, is an academic year which is applicable to the course and which is due to start in the calendar year after the calendar year in which the list is published. In subsections (1) to (1B)—
“course year”, in relation to a qualifying course, means a course year within the meaning given (in relation to that course) by section 10(7B);
“qualifying course” has the same meaning as in section 10;
the references to methods of determining the fee limit are to be read in accordance with paragraph 1 of Schedule 2;
the references to the per-credit limit and the fixed limit are to those limits as determined in accordance with paragraphs 1I to 3 of that Schedule.
The list must include the following information—
in respect of each provider on the list, the qualifying courses that the OfS expects the provider to provide in the calendar year after that in which the list is published (“the next calendar year”),
in respect of each such course, whether the fee limit applicable to a course year beginning in the next calendar year will be determined by the credit-based method or the fixed method,
in respect of each such course for which the credit-based method will be used, what the applicable per-credit limit or limits will be in respect of a course year beginning in the next calendar year, and
in respect of each such course for which the fixed method will be used, what the fixed limit will be in respect of a course year beginning in the next calendar year.
The OfS must send a copy of each published list to the Secretary of State who must lay it before Parliament.
In subsection (1A)(c), “the applicable per-credit limit or limits” means—
if the course year is to include credit-differentiated activity (see paragraph 1B(3) of Schedule 2), the per-credit limit for each such activity;
otherwise, the per-credit limit.
The Secretary of State may by regulations prescribe the date by which a list under this section must be published by the OfS.
If any of the information mentioned in subsection (1) or (1A) will differ according to when a course year begins, the list must include the information applicable to course years beginning both before and after the relevant date.
This section applies where—
a fee limit condition will be or is one of the ongoing registration conditions of an institution, and
the governing body of the institution requests the imposition of an access and participation plan condition in order to access the higher fee limits available in respect of the fee limit condition for institutions who have such a plan.
An access and participation plan condition—
may be an initial registration condition that is applicable to the institution, and
must be one of its ongoing registration conditions.
In this Part, “an access and participation plan condition”, in relation to an institution, means a condition requiring that—
there is an access and participation plan in relation to the institution which—
has been approved by the OfS under section 29 (power to approve an access and participation plan), and
is in force, and
the governing body of the institution complies with the general provisions of that plan (within the meaning of section 32).
A governing body of an institution is not to be regarded as having failed to comply with the requirement mentioned in subsection (3)(b) by reason of its failure to comply with a general provision of the plan if it shows that it has taken all reasonable steps to comply with the provision.
The initial or ongoing registration conditions may, in particular, include—
a condition relating to the quality of, or the standards applied to, the higher education provided by the provider (including requiring the quality to be of a particular level or particular standards to be applied);
a public interest governance condition (see section 14);
a condition relating to the provider having a student protection plan which has the OfS's approval (including requiring the provider to have such a plan and to publish it);
a condition requiring the payment of a fee charged under section 70(1) (initial fee and annual fee for ongoing registration);
a condition requiring the payment of a fee charged under section 28 or 67 (fees charged by designated bodies) or section 71(1) (other fees charged by the OfS);
a condition requiring the governing body of the provider to take such steps as the OfS considers appropriate for facilitating cooperation between the provider and one or more electoral registration officers in England for the purpose of enabling the electoral registration of students who are on higher education courses provided by the provider.
Where there are one or more sector-recognised standards, the condition mentioned in subsection (1)(a), so far as relating to standards—
may relate only to the standards applied in respect of matters for which there are sector-recognised standards, and
may require the application of sector-recognised standards only in respect of those matters.
In this Part, “sector-recognised standards” means standards that apply to higher education and accord with guidance which—
is determined by persons representing a broad range of registered higher education providers, and
commands the confidence of registered higher education providers.
For the purposes of subsection (1)(c), “a student protection plan” is a plan for the protection of students if an event specified by the OfS were to occur (for example, the closure of a course).
For the purposes of subsection (1)(f)—
“sector-recognised standards” has the meaning given by section 13(3);
This Part applies if there is a body designated under this Schedule.
As soon as possible after the end of each triennial reporting period, the OfS must prepare and send to the Secretary of State a triennial report about— In preparing a triennial report, the OfS must have regard to any views provided to the OfS by a person listed in sub-paragraph (3) about— Those persons are— “Triennial reporting period”, in relation to a designated body, means—
“overseas country” means any country or territory outside the United Kingdom, but not including the Channel Islands, the Isle of Man and any British overseas territory;
For the purposes of section 13(1)(b), “a public interest governance condition” in relation to a provider means a condition requiring the provider's governing documents to be consistent with the principles in the list published under this section, so far as applicable to the provider.
The OfS must determine and publish a list of principles applicable to the governance of English higher education providers.
The principles must be those that the OfS considers will help to ensure that English higher education providers perform their functions in the public interest.
The list may include different principles for different descriptions of English higher education providers.
The OfS may revise the list.
If the OfS revises the list, it must publish it as revised.
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to question and test received wisdom, and
to put forward new ideas and controversial or unpopular opinions,
Before determining or revising the list, the OfS must consult—
bodies representing the interests of English higher education providers which appear to the OfS to be concerned,
the Secretary of State, and
such other persons as the OfS considers appropriate.
The OfS may impose a monetary penalty on a registered higher education provider if it appears to the OfS that there is or has been a breach of one of its ongoing registration conditions.
A “monetary penalty” is a requirement to pay the OfS a penalty of an amount determined by the OfS in accordance with regulations made by the Secretary of State.
The Secretary of State may by regulations make provision about matters to which the OfS must, or must not, have regard in exercising its power under subsection (1).
Schedule 3 contains provision about—
the procedure for imposing a monetary penalty,
rights of appeal,
the recovery of the penalty and interest, and
the retention of sums received.
The OfS may suspend a registered higher education provider's registration if it appears to the OfS that there is or has been a breach of one of its ongoing registration conditions.
Where a provider's registration is suspended, the OfS—
must specify the purposes for which the provider is not to be treated as a registered higher education provider during the suspension (“the excepted purposes”), and
may impose conditions on the governing body of the provider which, if satisfied, will result in the OfS lifting the suspension (“the remedial conditions”).
During the suspension of a provider's registration—
the provider is treated as a registered higher education provider for all purposes other than the excepted purposes, and
the provider's entry in the register remains but must specify—
that the registration is suspended, and
the excepted purposes.
The suspension of a provider's registration ends—
when the suspension is lifted by the OfS because the remedial conditions have been satisfied or for any other reason, or
if earlier, when the provider is removed from the register under section 18 (de-registration by the OfS) or section 22 (voluntary de-registration).
The OfS may vary the excepted purposes or the remedial conditions at any time during the suspension.
Where it decides to vary the excepted purposes or the remedial conditions, the OfS must notify the governing body of the provider of its decision.
The notice must specify the excepted purposes, or remedial conditions, as varied.
Where the excepted purposes are varied, the OfS must update the provider's entry in the register with the excepted purposes (as varied).
Where the suspension of a provider's registration ends otherwise than when the provider is removed from the register, the OfS must enter the date on which it ends in the provider's entry in the register.
Before suspending a registered higher education provider's registration under section 16, the OfS must notify the governing body of the provider of its intention to do so.
The notice must—
specify the OfS's reasons for proposing to suspend the registration,
specify the proposed excepted purposes and the proposed remedial conditions (if any),
specify the period during which the governing body of the provider may make representations about the proposal (“the specified period”), and
specify the way in which those representations may be made.
The specified period must not be less than 28 days beginning with the date on which the notice is received.
The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to suspend its registration.
Having decided whether or not to suspend the provider's registration, the OfS must notify the governing body of the provider of its decision.
Where the decision is to suspend the provider's registration, the notice must—
specify the date on which the suspension takes effect,
specify the excepted purposes,
specify the remedial conditions (if any), and
contain information as to the grounds for the suspension.
The OfS may vary the date specified under subsection (6)(a) at any time before that date by notifying the governing body of the provider.
Subsections (1) to (7) do not apply where the OfS considers that a suspension should take effect immediately because there is an urgent need to protect public money, including, in particular, payments made under—
section 39 or 40 (financial support for providers),
section 93 in the exercise of UKRI's power under that section to give financial support, or
section 22 of the Teaching and Higher Education Act 1998 (financial support for students).
In such a case—
the OfS must notify the governing body of the provider of its decision to suspend the provider's registration, and
that notice must comply with the requirements of subsection (6).
The OfS must remove a registered higher education provider from the register if the OfS becomes aware that the provider no longer is, or intends to become, an English higher education provider.
The OfS may remove a registered higher education provider from the register if condition A or B is satisfied.
Condition A is satisfied if—
the OfS has previously exercised its powers under section 15 (monetary penalties) or section 16 (suspension) in relation to breach of one of the provider's ongoing registration conditions, and
it appears to the OfS that—
there is again a breach, or a continuing breach, of that condition, or
there is or has been a breach of a different one of the provider's ongoing registration conditions.
Condition B is satisfied if it appears to the OfS that—
there is or has been a breach of one of the provider's ongoing registration conditions, and
its powers under sections 15 and 16 are insufficient to deal with the breach (whether or not they have been, are being or are to be, exercised in relation to it).
The OfS may make transitional or saving provision in connection with the removal of a provider from the register under this section.
That provision may include treating the provider as a registered higher education provider for such purposes as the OfS may specify.
The OfS must—
maintain a list of providers removed from the register under this section,
include in that list the details of any provision made under subsection (5), and
make the list publicly available by such means as it considers appropriate.
Before removing a registered higher education provider from the register under section 18, the OfS must notify the governing body of the provider of its intention to do so.
The notice must—
specify the OfS's reasons for proposing to remove the provider from the register,
specify the period during which the governing body of the provider may make representations about the proposal (“the specified period”), and
specify the way in which those representations may be made.
The specified period must not be less than 28 days beginning with the date on which the notice is received.
The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to remove it from the register.
Having decided whether or not to remove the provider from the register, the OfS must notify the governing body of the provider of its decision.
Where the decision is to remove the provider from the register, the notice must specify the date on which the removal takes effect.
The notice must also contain information as to—
the grounds for the removal,
rights of appeal, and
the period within which an appeal may be made.
A removal under section 18 may not take effect at any time when—
an appeal under section 20(1)(a) or (b), or a further appeal, could be brought in respect of the decision to remove, or
such an appeal is pending.
But that does not prevent a removal taking effect if the governing body of the provider notifies the OfS that it does not intend to appeal.
Where subsection (8) ceases to prevent a removal taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the removal takes effect.
But that is subject to what has been determined on any appeal under section 20(1)(a) or (b), or any further appeal, in respect of the decision to remove.
The governing body of an institution may appeal to the First-tier Tribunal against either or both of the following—
a decision of the OfS to remove it from the register under section 18;
a decision of the OfS as to the date specified under section 19(6) as the date on which the removal takes effect.
An appeal may be on the grounds—
that the decision was based on an error of fact;
that the decision was wrong in law;
that the decision was unreasonable.
On an appeal, the Tribunal may—
withdraw the removal;
confirm the removal;
vary the date on which the removal takes effect;
remit the decision whether to confirm the removal, or any matter relating to that decision (including the date on which the removal takes effect), to the OfS.
This section applies where—
an access and participation plan condition is one of the ongoing registration conditions of a registered higher education provider, and
it appears to the OfS that there is or has been a failure by the governing body of the provider to comply with—
the requirement of that condition mentioned in section 12(3)(b) (failure to comply with general provisions of an access and participation plan), or
a fee limit condition which is one of its ongoing registration conditions.
The OfS may notify the governing body of the provider that, on the expiry of the access and participation plan in relation to the provider which is currently in force, it will refuse to approve a new plan under section 29 during such period as the OfS may specify in the notice.
The Secretary of State may by regulations make provision about—
matters to which the OfS must, or must not, have regard in exercising its powers under subsection (2);
the procedure to be followed in connection with the giving of notification under subsection (2);
the effect of such a notification.
The regulations must include provision—
requiring any decision of the OfS under subsection (2) affecting the governing body of a provider to have effect in the first instance as a provisional decision,
enabling the governing body to apply for a review of the provisional decision to a person, or panel of persons, appointed by the Secretary of State in accordance with the regulations,
enabling the Secretary of State to pay remuneration and allowances to any person so appointed,
prescribing the grounds on which an application for the review of a provisional decision may be made, and
requiring the OfS to reconsider its provisional decision, and make a final decision, having regard to any recommendation of the person or panel.
The OfS's powers in sections 15 to 19 (penalties, suspension and de-registration) are also available in the event of the breach of a condition described in subsection (1)(b).
The OfS must remove a registered higher education provider from the register if—
the governing body of the provider applies to the OfS for the provider to be removed from the register, and
the application complies with any requirements imposed under subsection (2).
The OfS may determine—
the form of an application under subsection (1),
the information to be contained in it or provided with it, and
the manner in which an application is to be submitted.
The OfS must notify the governing body of the provider of the date on which the provider is removed from the register (“the removal date”).
The OfS may vary the removal date at any time before that date by notifying the governing body of the provider.
The OfS may make transitional or saving provision in connection with the removal of a provider from the register under this section.
That provision may include treating the provider as a registered higher education provider for such purposes as the OfS may specify.
The OfS must—
maintain a list of providers removed from the register under this section,
include in that list the details of any provision made under subsection (5), and
make the list publicly available by such means as it considers appropriate.
The OfS may assess, or make arrangements for the assessment of, the quality of, and the standards applied to, higher education provided by English higher education providers.
But the OfS must assess, or make arrangements for the assessment of, the quality of, and the standards applied to, higher education provided by—
institutions who have applied to be registered in the register for the purposes of determining whether they satisfy any initial registration condition applicable to them relating to the quality of, or the standards applied to, higher education provided by them (see section 13(1)(a)), and
registered higher education providers for the purposes of determining whether they satisfy any ongoing registration condition of theirs relating to the quality of, or the standards applied to, higher education provided by them (see section 13(1)(a)).
Where there are one or more sector-recognised standards, an assessment under this section of the standards applied—
must relate only to the standards applied in respect of matters for which there are sector-recognised standards, and
must assess those standards against sector-recognised standards only.
The factors that may be taken into account for the purposes of an assessment, under subsection (2)(a) or (b), of the quality of higher education provided by an institution include the student outcomes of the institution.
The student outcomes of an institution may be measured by any means (whether qualitative or quantitative) that the OfS considers appropriate, including by reference to the extent to which—
persons who undertake a higher education course with the institution continue to undertake that course, or another course at the same or a similar level, after a period of time,
persons who undertake a higher education course with the institution are granted an award of a particular description by that institution,
persons who are granted an award by the institution undertake further study of a particular description, or
persons who are granted an award by the institution find employment of a particular description by virtue of that award.
The OfS may, from time to time, determine and publish a minimum level in relation to a measure of student outcomes which all institutions to whom the measure is applicable are expected to meet.
The OfS is not required to determine and publish different minimum levels in relation to a measure of student outcomes in order to reflect differences in—
particular student characteristics;
the particular institution or type of institution which is providing higher education;
the particular higher education course or subject being studied;
any other such factor.
In taking into account the student outcomes of an institution as mentioned in subsection (4), account may be taken of whether the institution has met any minimum level determined and published under subsection (6) which is applicable to the institution.
In this section—
The OfS must establish a committee called the “Quality Assessment Committee”.
The Committee has—
the function of giving the OfS advice on the exercise of its functions under section 23, and
such other functions that the OfS may confer on it.
While a body is designated under Schedule 4 to perform the OfS's functions under section 23, the Committee also has the function of giving to the OfS advice on the exercise by the designated body of those functions.
The majority of the members of the Committee must be individuals who appear to the OfS to have experience of providing higher education on behalf of an English higher education provider or being responsible for the provision of higher education by such a provider.
In appointing members of the Committee who meet those criteria, the OfS must have regard to the desirability of their being currently engaged at the time of their appointment in the provision of higher education or in being responsible for such provision.
The majority of the members of the Committee must be individuals who are not members of the OfS.
Schedule 1 applies to the Quality Assessment Committee as it applies to committees established under paragraph 8 of that Schedule.
The OfS may make arrangements for a scheme to give ratings—
to English higher education providers regarding the quality of, and the standards applied to, higher education that they provide where they apply for such a rating, and
to higher education providers in Wales, Scotland or Northern Ireland, in respect of whom the appropriate consent is given, regarding the quality of, and the standards applied to, higher education that they provide where they apply for such a rating.
“The appropriate consent” means—
in the case of a higher education provider in Wales, the consent of the Welsh Ministers to the application of subsection (1) to the provider;
in the case of a higher education provider in Scotland, the consent of the Scottish Ministers to the application of subsection (1) to the provider;
in the case of a higher education provider in Northern Ireland, the consent of the Department for the Economy in Northern Ireland to the application of subsection (1) to the provider.
Such consent—
may be given either generally in respect of all providers or in respect of providers of a particular description or named providers,
is given by notifying the chair of the OfS, and
is valid until it is revoked by notifying the chair.
For the purposes of applying the definition of “higher education provider” in section 83(1) to subsections (1)(b) and (2), the reference to “higher education” in that definition— and the reference to “higher education” in subsection (1)(b) is to be read accordingly.
in the case of an institution in Wales, has the meaning given in section 83(1);
in the case of an institution in Scotland, has the same meaning as in section 38 of the Further and Higher Education (Scotland) Act 1992;
in the case of an institution in Northern Ireland, has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));
Before the end of the initial period, the Secretary of State must appoint a suitable independent person for the purpose of preparing a report under this section.
A person is “independent” for this purpose if the person—
is not, and has never been, a member or employee of the OfS, and
is not a servant or agent of the Crown.
A person is “suitable” for this purpose if the person—
has experience of providing higher education on behalf of, or being responsible for the provision of higher education by, a higher education provider, and
appears to the Secretary of State to be a person who would command the confidence of registered higher education providers.
As soon as possible after the end of the initial period, the appointed person—
must prepare a report about the operation during that period of the section 25 scheme or schemes which were in operation for the whole or a part of that period, and
must send the report to the Secretary of State.
The report must cover the following in the case of each scheme—
the process by which ratings are determined under the scheme and the sources of statistical information used in that process,
whether that process, and those sources of statistical information, are fit for use for the purpose of determining ratings under the scheme,
the names of the ratings under the scheme and whether those names are appropriate,
the impact of the scheme on the ability of higher education providers to which the scheme applies to carry out their functions (including in particular their functions relating to teaching and research),
an assessment of whether the scheme is in the public interest, and
any other matters that the appointed person considers relevant.
The Secretary of State must lay the report before Parliament.
In this section—
“UKRI” has the meaning given by section 91.
“science” includes social sciences.
UKRI must pay to members of UKRI and Council members such remuneration as the Secretary of State may determine. UKRI must pay, or make provision for paying, to or in respect of a person who is or has been a member of UKRI or a Council member, such sums as the Secretary of State may determine in respect of pension, allowances, expenses or gratuities. If, where a person ceases to be a member of UKRI or a Council member, the Secretary of State determines that he or she should be compensated because of special circumstances, UKRI must pay him or her compensation of such amount as the Secretary of State may determine.
UKRI may establish committees (in addition to the Councils and the Executive Committee). A committee established under sub-paragraph (1) may establish sub-committees. A committee or sub-committee established under sub-paragraph (1) or (2) is referred to in this Schedule as a “general committee”. A Council may establish sub-committees and a sub-committee so established is referred to in this Schedule as a “Council sub-committee”. A general committee and a Council sub-committee may include persons who are not members of UKRI, Council members or employees of UKRI. UKRI must pay such allowances as the Secretary of State may determine to any person who— UKRI must keep under review— Each Council must keep under review—
UKRI must— Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to— UKRI must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each such report and certified statement. In this Schedule “financial year” means—
UKRI may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions. In particular, UKRI may— But UKRI may do any of the following only in accordance with terms and conditions specified from time to time by the Secretary of State—
United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017).
United Kingdom Research and Innovation.
In Schedule 4—
Part 1 makes provision about the designation of a body to perform the assessment functions, and
Part 2 makes provision about oversight of the designated body by the OfS.
“The assessment functions” are—
the functions of the OfS under section 23 (assessing the quality of, and the standards applied to, higher education), and
the functions of the relevant body under section 46 (advice on quality etc to the OfS when granting degree awarding powers etc).
Where a body has been designated under Schedule 4 to perform the assessment functions, the functions under section 23—
so far as they relate to the assessment of the standards applied to higher education provided by a provider, cease to be exercisable by the OfS, and
otherwise do not cease to be exercisable by the OfS.
The OfS may by notice require a body for the time being designated under Schedule 4 (a “designated body”) to provide the OfS with information which is held by the designated body for the purposes of the performance of any of the assessment functions.
The OfS may give a notice under subsection (4) only in respect of information which is required by the OfS for the purposes of the performance of any of its functions.
A notice under subsection (4) may require the information to be provided—
by a time specified in the notice, and
in a form and manner specified in the notice.
If a designated body fails to comply with a notice under subsection (4) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the notice in civil proceedings for an injunction.
In this section “designated body” means a body for the time being designated under Schedule 4.
A designated body may—
charge an institution a fee for any activity undertaken, or service provided, by the body in the performance by it of functions under section 23(1) (power to assess quality and standards), or section 46 (advice on quality etc to the OfS when granting degree awarding powers etc), in relation to the institution,
charge an institution a fee for any activity undertaken, or service provided, by the body in the performance by it of functions under section 23(2)(a) (duty to assess to determine if initial registration condition relating to quality or standards is met) in relation to the institution, and
charge an annual fee to any registered higher education provider in respect of costs incurred, or to be incurred, by the body in the performance by the body of functions under section 23(2)(b) (duty to assess to determine if ongoing registration condition relating to quality or standards is met).
The amount of a fee payable under subsection (2)(a) by an institution may be calculated by reference to costs incurred by the designated body in the performance by the body of functions under section 23(1) or 46 in relation to a different institution or of its general functions.
The total fees payable under subsection (2)(a) must not exceed in any period of 12 months the total costs incurred by the body in that period in the performance by the body of its functions under sections 23(1) and 46 and of its general functions.
The amount of a fee payable under subsection (2)(b) by an institution may be calculated by reference to costs incurred by the designated body in the performance by the body of functions under section 23(2)(a) in relation to a different institution or of its general functions.
The total fees payable under subsection (2)(b) must not exceed in any period of 12 months the total costs incurred by the body in that period in the performance by the body of its functions under section 23(2)(a) and of its general functions.
The amount of a fee payable under subsection (2)(c) may be calculated by reference to costs incurred, or to be incurred, by the body in the performance by the body of functions under section 23(2)(b) which are unconnected with the provider or of its general functions.
The total fees payable under subsection (2)(c) in any period of 12 months must not exceed the total costs incurred by the body in that period in the performance by the body of its functions under section 23(2)(b) and of its general functions.
A designated body must publish—
a statement of the amount of the fees which it charges under this section and the basis on which they are calculated, and
revised statements where the amount of the fees or the basis on which they are calculated changes.
In this section references to the general functions of a designated body are to its functions under section 27(4) or paragraph 8(1) of Schedule 4 (duty to provide information and an annual report).
The governing body of an institution may apply to the OfS for the OfS's approval of a proposed access and participation plan relating to the institution for the purposes of satisfying an access and participation plan condition.
An access and participation plan is a plan that complies with sections 30 to 32.
The OfS may, if it thinks fit, approve the plan.
The OfS may issue guidance as to the matters to which the OfS will have regard in deciding whether to approve plans.
The Secretary of State may by regulations make provision about the procedure to be followed in connection with the giving of approval under this section.
The regulations may, in particular, specify matters to which the OfS is, or is not, to have regard in making any determination relating to approval.
The regulations may require the institution to which any plan approved under this section relates to publish the plan in the manner prescribed by the regulations.
An access and participation plan must specify the period during which it is to be in force.
The length of that period must not exceed such maximum as may be prescribed by regulations made by the Secretary of State.
Subsections (1) and (2) do not prevent the approval of a new plan taking effect on the expiry of a previous plan.
An access and participation plan relating to an institution must, in relation to each qualifying course in connection with which fees are to be payable to the institution by qualifying persons and in respect of each relevant academic year, specify or provide for the determination of a limit which those fees are not permitted to exceed. An access and participation plan relating to an institution must, in respect of each relevant course year of a qualifying course, specify or provide for the determination of—
the required per-credit limit or limits, in the case of a course year in respect of which the fee limit is to be determined by the credit-based method, and
a fixed limit, in the case of a course year in respect of which the fee limit is to be determined by the fixed method.
The Each limit must not exceed—
the higher amount, if the institution has a high level quality rating at the time the plan is approved, or
in any other case, the sub-level amount.
“The required per-credit limit or limits” means—
if the course year is to include credit-differentiated activity (see paragraph 1B(3) of Schedule 2), a per-credit limit for each such activity;
otherwise, a per-credit limit.
In this section—
“the OfS” has the meaning given by section 1;
This paragraph applies where the OfS has consulted in accordance with paragraph 1. The OfS must consider whether there is a body that is suitable to be designated under this Schedule. If the OfS considers that there is only one body that is suitable to be designated under this Schedule, the OfS must recommend the designation of that body under this Schedule. If the OfS considers that there is more than one body that is suitable to be designated under this Schedule, the OfS must recommend the designation under this Schedule of whichever one of those bodies it considers appropriate. If the OfS considers that there is no body that is suitable to be designated under this Schedule, the OfS may not recommend the designation of a body under this Schedule. The OfS must—
The Secretary of State may by notice remove a designation under this Schedule. The notice must— The Secretary of State may only remove the designation if— Before removing the designation the Secretary of State must consult— In determining whether a designation under this Schedule should be removed, the Secretary of State must have regard to any relevant information that the OfS has provided to the Secretary of State. The Secretary of State must publish a notice under this paragraph.
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), omit—
“Director of Fair Access to Higher Education.”, and
“Higher Education Funding Council for England.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), omit—
“Director of Fair Access to Higher Education.”, and
“Any member of the Higher Education Funding Council for England in receipt of remuneration.
“registration” has the meaning given by section 3(10);
“knowledge exchange” has the meaning given by section 93;
“higher education” means education provided by means of a higher education course;
The Further and Higher Education Act 1992 is amended as follows.
Section 78 (financial years of higher education corporations) is amended as follows. In the heading, at the end insert “: Wales”. In subsection (1), after “higher education corporations” insert “in Wales”. After subsection (2) insert—
In section 90(1) (interpretation of Act), in the definition of “higher education corporation”, after “by virtue of section” insert “122ZA or”.
In section 91 (interpretation of Education Acts), in subsection (6)(b), for “by virtue of section 122A” substitute “by virtue of section 122ZA or 122A”.
This paragraph applies if an access and participation plan approved by the OfS under section 29 in relation to the provider is not in force, and does not come into force, when the relevant academic course year begins. If the provider— “The relevant time” means on 1 January in the calendar year ... in which the relevant academic course year begins. “The basic amount” means such amount as may be prescribed for the purposes of sub-paragraph (2)(a) as the basic amount. “The sub-level amount” means such amount as may be determined by the Secretary of State for the purposes of sub-paragraph (2)(b)— Different amounts may be determined under sub-paragraph (5) for different descriptions of provider. Those descriptions of provider may be by reference only to— Any amount determined as “the sub-level amount”— But any amount determined as “the sub-level amount” for a description of provider by virtue of sub-paragraph (6) must be equal to the basic amount where— “The floor amount” means such amount as may be prescribed for the purposes of this paragraph— Where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a)— “Prescribed” means prescribed by regulations made by the Secretary of State.
The governing body of a provider may appeal to the First-tier Tribunal against— An appeal under this paragraph may be made on the grounds— On an appeal under this paragraph the Tribunal may—
Each Council is to consist of— In this Schedule, a reference to the “Council members” is to the executive chair and the ordinary Council members of each Council. The Secretary of State may appoint one of the ordinary Council members of each Council after consulting the chair of UKRI. The other ordinary Council members are to be appointed by UKRI after consulting the executive chair. A majority of the ordinary Council members of a Council must be persons who are neither members, nor employees, of UKRI.
UKRI may— The terms and conditions of appointment as employees are to be determined by UKRI with the approval of the Secretary of State. UKRI must pay its employees such remuneration as UKRI may determine with the approval of the Secretary of State. UKRI must pay, or make provision for paying, to or in respect of a person who is an employee of UKRI, such sums as UKRI may determine with the approval of the Secretary of State in respect of allowances or expenses. UKRI may pay, or make provision for paying— United Kingdom Research and Innovation. UKRI must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the 1972 Act.
UKRI, a Council and the Executive Committee may each determine their own procedure and the procedure of any relevant committee. “Relevant committee” means— But sub-paragraph (1) is subject to the rest of this paragraph. The quorum for a meeting of UKRI or a Council is half the number of its members. The Secretary of State, or a representative of the Secretary of State, is entitled— UKRI must provide the Secretary of State, or a representative of the Secretary of State, with such copies of documents distributed to its members or to any general committee as the Secretary of State or the representative may require it to provide. A Council must provide the Secretary of State, or a representative of the Secretary of State, with such copies of documents distributed to its members or to any Council sub-committee as the Secretary of State or the representative may require it to provide.
UKRI must prepare a report on the exercise of its functions during each financial year. The report must include the statement of accounts in respect of that year. The report must include a statement regarding how UKRI has cooperated with the OfS during that year. The report relating to a financial year must be prepared as soon as possible after the end of the financial year. UKRI must send the report to the Secretary of State. The Secretary of State must lay the report before Parliament.
United Kingdom Research and Innovation.
United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017).
For the purposes of this Schedule— In this Schedule—
The validity of any proceedings of UKRI, or of any Council, Council sub-committee or general committee, or of the Executive Committee or any Executive sub-committee, is not affected by a vacancy or a defective appointment.
“prescribed country” means a country or territory specified in regulations made by the Secretary of State.
A search warrant authorises an authorised person— A search warrant may be executed by any authorised person. A constable accompanying an authorised person under paragraph 3(2) may, if necessary, use reasonable force to enable the exercise of the powers conferred by the warrant. An authorised person entering premises under a search warrant may—
A person commits an offence if, without reasonable excuse, the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The notice which the OfS gives the governing body under section 73(1) must specify— The notice must also contain information as to— The governing body may require the OfS to provide a detailed breakdown of the amount specified in the notice. The requirement to pay the costs is suspended at any time when— But that does not prevent the requirement to pay the costs taking effect if the governing body notifies the OfS that it does not intend to appeal.
The OfS must pay the sums received by it by way of a requirement to pay costs under section 73 to the Secretary of State except to the extent that the Secretary of State, with the consent of the Treasury, directs otherwise. The OfS must pay the sums received by it by way of interest under paragraph 4 to the Secretary of State.
In section 1 of the Geological Survey Act 1845 (power of persons employed in geological survey to enter land), for “the Natural Environment Research Council”, in both places, substitute “United Kingdom Research and Innovation”.
The Science and Technology Act 1965 is amended as follows. In section 1 (the research councils)— In section 2 (expenses and accounts of research councils)— In section 3 (re-allocation of activities connected with scientific research)— Omit Schedule 3 (transitional provisions).
The Conservation of Seals Act 1970 is amended as follows. In each of the following provisions, for “the Council” substitute “UKRI”— In section 15 (interpretation)—
In section 7 of the Supply Powers Act 1975 (interpretation), in paragraph (a) of the definition of “articles required for the public service”, after “Civil Aviation Authority” insert “, United Kingdom Research and Innovation”.
In section 41(3) of the Patents Act 1977 (assignment of right in patent)—
after “Where the Crown” insert “, United Kingdom Research and Innovation”,
for “or, as the case may be, Research Council” substitute “, United Kingdom Research and Innovation or the Research Council (as the case may be)”, and
omit the words from “or the Arts” to the end.
In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) section C12 is amended as follows. In the heading, at the beginning insert “United Kingdom Research and Innovation and”. United Kingdom Research and Innovation. In the entry beginning “The subject-matter of section 5”, after “relating to” insert “United Kingdom Research and Innovation and”. Omit the entry relating to the Arts and Humanities Research Council. In the entry beginning “The subject-matter of section 10”—
Omit sections 1 to 9 of the Higher Education Act 2004 (which establish and make provision in relation to the Arts and Humanities Research Council).
A course year of a qualifying course is a “relevant course year” if—
it begins when the plan comes into force or while it is in force, and
fees are payable to the institution in respect of so much of the course as is undertaken during the course year.
The references in subsection (1) to methods of determining the fee limit are to be read in accordance with paragraph 1 of Schedule 2.
An access and participation plan relating to an institution—
must also include such provisions relating to the promotion of equality of opportunity as are required by regulations made by the Secretary of State to be included in the plan, and
may also include further provisions relating to the promotion of equality of opportunity.
In this section, any reference to the “general provisions” of an access and participation plan is a reference to the provisions included in the plan by virtue of subsection (1).
The general provisions that may be required by regulations made under subsection (1) include, in particular, provisions—
requiring the governing body of the institution to take, or secure the taking of, measures to attract applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in higher education,
requiring the governing body of the institution to provide, or secure the provision of, financial assistance to students,
requiring the governing body of the institution to make available to students and prospective students information about financial assistance available to students from any source,
setting out objectives relating to the promotion of equality of opportunity,
relating to the monitoring by the governing body of the institution of—
its compliance with the provisions of the plan, and
its progress in achieving any objectives set out in the plan by virtue of paragraph (d), and
requiring the provision of information to the OfS.
Regulations under subsection (1) may not require a plan—
to include among the general provisions of the plan any provision referring to particular courses or to the manner in which courses are taught, supervised or assessed, or
to include any provision relating to the criteria for the admission of students.
In this section—
“equality of opportunity” means equality of opportunity in connection with access to and participation in higher education provided by English higher education providers, and
references to higher education do not include education provided by means of any postgraduate course other than a course of initial teacher training.
The Secretary of State may, by regulations, make provision enabling an access and participation plan which has been approved by the OfS under section 29 to be varied.
The regulations must provide for a variation to take effect only if approved by the OfS.
Regulations made by virtue of section 29 or 33 must include provision—
requiring any decision of the OfS under section 29 or 33 affecting the governing body of an institution to have effect in the first instance as a provisional decision,
enabling the governing body to apply for a review of the provisional decision to a person, or panel of persons, appointed by the Secretary of State in accordance with the regulations,
enabling the Secretary of State to pay remuneration and allowances to any person so appointed,
prescribing the grounds on which an application for the review of a provisional decision may be made, and
requiring the OfS to reconsider its provisional decision, and make a final decision, having regard to any recommendation of the person or panel.
The OfS may—
identify good practice relating to the promotion of equality of opportunity, and
give advice about such practice to registered higher education providers.
“Equality of opportunity” has the same meaning as in section 32.
In performing its access and participation functions, the OfS has a duty to protect institutional autonomy including, in particular, the freedom of institutions—
to determine the content of particular courses and the manner in which they are taught, supervised and assessed,
to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and
to determine the criteria for the admission of students and apply those criteria in particular cases.
In performing those functions, subsection (1) applies instead of section 2(1)(a) (duty of OfS to have regard to the need to protect institutional autonomy) in relation to the freedom mentioned in subsection (8)(b) of that section.
For the purposes of this section, the OfS's “access and participation functions” are the functions conferred on it by or under—
section 21 (refusal to renew an access and participation plan), and
sections 29 to 34 (access and participation plans).
The Secretary of State may, by direction, require the OfS to report to the Secretary of State— on such matters relating to equality of opportunity as may be specified in the direction.
in its annual report under paragraph 13 of Schedule 1, or
in a special report,
“Equality of opportunity” has the same meaning as in section 32.
Where the Secretary of State is provided with a special report, the Secretary of State must lay it before Parliament.
See paragraph 13 of Schedule 1 for the laying of the OfS's annual reports.
The OfS—
must monitor the availability of schemes or other arrangements provided by registered higher education providers for student transfers,
must monitor the extent to which the arrangements monitored under paragraph (a) are utilised by students generally or students of a particular description,
must include in its annual report a summary of conclusions drawn by it, for the financial year to which the report relates, from its monitoring under paragraphs (a) and (b), and
may facilitate, encourage, or promote awareness of, the provision of arrangements by registered higher education providers for student transfers.
For the purposes of this section, “a student transfer” is where—
a student transfers from a higher education course (“course X”) provided by a UK higher education provider (“the transferring provider”) to a different higher education course (“course Y”) provided by the same or a different UK higher education provider (“the receiving provider”),
the receiving provider recognises, or takes account of, the study undertaken, or a level of achievement attained, by the student— when the receiving provider is determining the study to be undertaken, or the level of achievement attained, by the student on course Y, and
on course X, or
on another higher education course provided by the transferring provider,
either the transferring provider or the receiving provider is a registered higher education provider, or both are registered higher education providers.
For the purposes of subsection (2), there may be an interval between the student ceasing to undertake course X and starting to undertake course Y.
The duty under subsection (1)(a) may be discharged by the OfS monitoring, as described in that provision—
arrangements for student transfers provided by all registered higher education providers or a particular description of such provider;
all such arrangements for student transfers or a particular description of such arrangement or student transfer.
In this section—
“students’ union”, in relation to any institution, has the same meaning as it has in Part 2 of the Education Act 1994 in relation to establishments to which that Part applies (see section 20 of that Act);
“graduate” means a graduate of a higher education course provided by a registered higher education provider;
“a fee limit condition” has the meaning given by section 10(2);
For the purposes of applying the definition of “higher education provider” in section 83(1) to the reference in the definition of “UK higher education provider” in subsection (5) to a higher education provider in Wales, Scotland or Northern Ireland, the reference to “higher education” in the definition of “higher education provider” in section 83(1)—
in the case of an institution in Wales, has the meaning given in section 83(1);
in the case of an institution in Scotland, has the same meaning as in section 38 of the Further and Higher Education (Scotland) Act 1992;
in the case of an institution in Northern Ireland, has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).
The OfS may make grants, loans or other payments to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider or a qualifying connected institution, for the purposes of either or both of the following—
the provision of education by the provider;
the provision of facilities, and the carrying on of other activities, by the provider, which its governing body considers it is necessary or desirable to provide or carry on for the purposes of, or in connection with, education.
The OfS may make grants, loans or other payments to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision by any person of services for the purposes of, or in connection with, the provision of education by eligible higher education providers receiving financial support under subsection (1).
“Eligible higher education provider” means a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of subsection (1).
“Qualifying connected institution”, in relation to an eligible higher education provider, means a college, school, hall or other institution—
to which the provider's governing body proposes to pay, with the consent of the OfS, all or some of the payments made to it under subsection (1), and
which the OfS is satisfied has a sufficient connection with the provider for the purposes of that subsection.
“School” has the same meaning as in the Education Act 1996 (see section 4 of that Act) but also includes a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010).
See section 41 regarding the terms and conditions of financial support under this section.
The OfS may make grants, loans or other payments to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision of eligible higher education courses by—
institutions in England maintained or assisted by local authorities in England or Wales, or
English further education providers.
“Eligible higher education course” means a higher education course prescribed by regulations made by the Secretary of State for the purposes of subsection (1).
In subsection (1)(a)—
an institution “assisted” by a local authority has the same meaning as in the Education Act 1996 (see section 579(5) to (7) of that Act), and
the reference to a local authority in England or Wales has the same meaning as in that Act (see section 579(1) of that Act).
See section 41 regarding the terms and conditions of financial support under this section.
A grant, loan or other payment under section 39 or 40 may be made on such terms and conditions as the OfS considers appropriate.
The terms and conditions may, in particular—
enable the OfS to require the repayment, in whole or in part, of sums paid by the OfS if any of the terms and conditions subject to which the sums were paid is not complied with,
require the payment of interest in respect of any period during which a sum due to the OfS in accordance with any of the terms and conditions remains unpaid, and
require a person to whom sums are paid by the OfS to provide the OfS with any information it requests for the purpose of the exercise of any of its functions.
But the terms and conditions must not relate to the application of sums which are not derived from the OfS by the provider or any other person to whom the grant, loan or other payment is made.
Before determining the terms and conditions to be imposed on a grant, loan or other payment, the OfS must consult such persons as it considers appropriate.
The OfS may by order authorise a registered higher education provider to grant taught awards or research awards or both.
An authorisation under subsection (1) may authorise a provider to grant, as the case may be—
taught awards or research awards of any description;
specified taught awards or research awards;
taught awards or research awards of a specified description.
In this Part—
Section 1
“humanities” and “science” have the same meaning as in Part 3 (see section 111).
The OfS is to consist of the following members appointed by the Secretary of State— The Secretary of State must, in appointing the chair and the ordinary members, have regard to the desirability of the OfS's members (between them) having experience of— But at least one of the ordinary members must have experience of representing or promoting the interests of individual students, or students generally, on higher education courses provided by higher education providers. A person may not be appointed as a member of the OfS if the person is a civil servant. In this Schedule, “civil servant” means a person employed in the civil service of the State.
The OfS may— The terms and conditions of appointment as employees are to be determined by the OfS with the approval of the Secretary of State. The OfS must pay its employees such remuneration as the OfS may determine with the approval of the Secretary of State. The OfS must pay, or make provision for paying, to or in respect of a person who is an employee of the OfS, such sums as the OfS may determine with the approval of the Secretary of State in respect of allowances or expenses. The OfS may pay, or make provision for paying— In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert— “ Office for Students. ” The OfS must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the 1972 Act.
This paragraph applies where the OfS has consulted in accordance with paragraph 1. The OfS must consider whether there is a body that is suitable to perform the assessment functions. If the OfS considers that there is only one body that is suitable to perform the assessment functions, the OfS must recommend that body to be designated to perform those functions. If the OfS considers that there is more than one body that is suitable to perform the assessment functions, the OfS must recommend the most appropriate body to be designated to perform those functions. “The most appropriate body” means, out of those bodies, the body whose designation the OfS considers would be most appropriate for securing the effective assessment of the quality of, and the standards applied to, higher education provided by English higher education providers. If the OfS considers that there is no body that is suitable to perform the assessment functions, the OfS may not recommend a body to be designated to perform those functions. The OfS must—
The Secretary of State may by notice remove a designation under this Schedule. The notice must— The Secretary of State may only remove the designation if— Before removing the designation the Secretary of State must consult— In determining whether a designation under this Schedule should be removed, the Secretary of State must have regard to any relevant information that the OfS has provided to the Secretary of State. The Secretary of State must publish a notice under this paragraph.
UKRI is not to be regarded— UKRI’s property is not to be regarded—
A person holds and vacates office as a member of UKRI or as a Council member in accordance with the terms of his or her appointment.
UKRI must establish a committee called “the Executive Committee”. The Executive Committee is to consist of— Those appointed under sub-paragraph (2)(d)— The Executive Committee may establish sub-committees, and a sub-committee so established is referred to in this Schedule as an “Executive sub-committee”. An Executive sub-committee may include persons who are not members of UKRI, Council members or employees of UKRI. UKRI must pay such allowances as the Secretary of State may determine to any person who—
The Further and Higher Education Act 1992 is amended as follows.
Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) is amended as follows. In Part 4 (educational institutions), in paragraph 53(1)— In Part 4, in paragraph 53(2)— In Part 6 (other public bodies), omit—
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), omit “The Higher Education Funding Council for England.
In section 32(5)(b) of the Counter-Terrorism and Security Act 2015 (monitoring of performance: further and higher education bodies) for “Higher Education Funding Council for England” substitute “Office for Students”.
This paragraph applies to a person (a “Ministerial appointee”) appointed as— The terms and conditions of a Ministerial appointee’s appointment are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule. A Ministerial appointee may resign from office as a member of UKRI, executive chair or an ordinary Council member by notifying the Secretary of State. The Secretary of State may remove a Ministerial appointee from office on any of the following grounds—
In section 61 (interpretation of Part 1), omit subsection (3)(b).
This paragraph applies to a person (an “UKRI appointee”) appointed as an ordinary Council member where the appointment was made by UKRI. The terms and conditions of an UKRI appointee’s appointment are to be determined by UKRI; but that is subject to the following provisions of this Schedule. An UKRI appointee may resign from office as an ordinary Council member by notifying UKRI. UKRI may remove an UKRI appointee from office on any of the following grounds—
Section 62 (establishment of the Higher Education Funding Councils) is amended as follows. In the heading, for “The Higher Education Funding Councils” substitute “The Higher Education Funding Council for Wales”. In subsection (1)— Omit subsection (2). In subsection (4), for “a council” substitute “the HEFCW”. Omit subsections (5) and (6). In subsection (7)— In subsection (7A), for “each council” substitute “the HEFCW”. In subsection (8), for “one of the councils” substitute “the HEFCW or the Office for Students”. In subsection (9), for “each of the councils” substitute “the HEFCW”.
Section 65 (administration of funds by councils) is amended as follows. In the heading, for “councils” substitute “the HEFCW”. In subsection (1)— In subsection (2)(a), for “the council’s” substitute “the HEFCW’s”. In subsection (3)— In subsection (3A)— In subsection (3B), for “the Council in question” substitute “the HEFCW”. In subsection (4)—
Section 66 (administration of funds: supplementary) is amended as follows. In subsection (1)— In subsections (2) and (3), for “a council” substitute “the HEFCW”. In subsection (4), for “the council” substitute “the HEFCW”.
Section 68 (grants to councils) is amended as follows. In the heading, for “councils” substitute “the HEFCW”. In subsection (1), for “each of the councils” substitute “the HEFCW”. In subsection (2)—
Section 69 (supplementary functions) is amended as follows. In subsection (1), for “Each council” substitute “The HEFCW”. Omit subsections (1A) and (1B). In subsection (2), for “Each council” substitute “The HEFCW”. In subsection (3), for “A council” substitute “The HEFCW”. In subsection (4)— In subsections (5) and (6), for “a council” substitute “the HEFCW”.
Omit section 70 (England: assessment of quality of education provided by institutions).
Section 79 (duty to give information to funding councils) is amended as follows. In the heading, for “the funding councils” substitute “the HEFCW”. For “a council” substitute “the HEFCW”.
Omit section 79A (Higher Education Funding Council for England’s power to request information from institutions that are exempt charities).
Section 81 (directions) is amended as follows. In subsection (1), for “each council” substitute “the HEFCW”. In subsection (2), for “a council” substitute “the HEFCW”. In subsection (3), for “the council”, in each place, substitute “the HEFCW”.
Section 82 (joint exercise of functions) is amended as follows. Omit subsections (1) to (1B). In subsection (2), for “Great Britain” substitute “Wales and Scotland”. In subsection (2A), after “Scottish” insert “Further and”. In subsection (3)(a)—
In section 83 (efficiency studies), in subsection (1B), for “A higher education funding council” substitute “The HEFCW”.
In section 91(4) (interpretation of Education Acts), for the words from “a council established under section 62” to the end substitute “the Higher Education Funding Council for Wales.
Section 92 (index) is amended as follows. Omit the entry for “council (in Part 2), or higher education funding council”. the HEFCW section 62(1) For “institution in England or in Wales (in relation to higher education funding councils)” substitute “institution in Wales (in relation to the HEFCW)”.
a Measure or Act of the National Assembly for Wales;
The Director for Fair Access and Participation (“the Access and Participation Director”) is responsible for— The Access and Participation Director may also report to the other members of the OfS on the measures taken by the OfS to comply with its duty under section 2(1)(e) (duty to have regard to the need to promote equality of opportunity etc) in performing a particular function of the OfS. For the purposes of this Schedule, the OfS's “access and participation functions” are the functions conferred on it by or under—
A justice of the peace who is satisfied that the requirements in sub-paragraph (3) are met in relation to relevant higher education premises may issue a warrant under this paragraph (a “search warrant”) in respect of the premises. “Relevant higher education premises” means premises in England which— but does not include premises which are used wholly or mainly as a private dwelling. The requirements of this sub-paragraph are met in relation to premises occupied by a supported higher education provider or a linked institution in relation to such a provider if— The requirements referred to in sub-paragraph (3)(d) are— References in this Schedule to a registration condition of a supported higher education provider are to an ongoing registration condition of the provider (see section 3(8)). References in this Schedule to a funding condition of a supported higher education provider are to—
This paragraph applies where, in accordance with paragraph 2 the OfS recommends the designation of a body (“the recommended body”) under this Schedule. The Secretary of State may designate the recommended body for the purposes of sections 64 and 65 only if the Secretary of State considers that the body is suitable to be designated under this Schedule. If the Secretary of State decides to designate the recommended body, the Secretary of State must— The notice of the designation must state— If the Secretary of State decides not to designate the recommended body, the Secretary of State must publish the reasons for not doing so.
As soon as possible after the end of each annual reporting period, the designated body must prepare and send to the OfS a report about the performance of its duties under sections 64(1) and 65(1) during the period. “Annual reporting period”, in relation to a designated body, means—
In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b) of the Marine (Scotland) Act 2010 (duties on Scottish Ministers to consult), for “the Natural Environment Research Council” substitute “United Kingdom Research and Innovation”.
Schedule 10 to the Public Service Pensions Act 2013 (public bodies whose pension schemes must be restricted) is amended as follows. After paragraph 14 insert—
“primary legislation” means—
A person holds and vacates office as a member of the OfS in accordance with the terms of his or her appointment. The terms and conditions of a person's appointment as a member of the OfS are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule. The matters with which the terms and conditions of a member's appointment may deal include, in particular—
The OfS may establish committees, and any committee so established may establish sub-committees. A committee or sub-committee so established is referred to in this Schedule as an “OfS committee”. An OfS committee may consist of or include persons who are neither members, nor employees, of the OfS. The OfS must pay such allowances as the Secretary of State may determine to any person who— The OfS must keep under review—
The OfS must— Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to— The OfS must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each such report and certified statement. In this Schedule “financial year” means—
The OfS may do anything (except borrow money) which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions. In particular, the OfS may—
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Office for Students. ”
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Other educational bodies”, at the appropriate place insert— “ The Office for Students. ”
This Schedule applies in relation to the imposition by the OfS of a monetary penalty on a registered higher education provider under section 15.
This paragraph applies if all or part of a monetary penalty imposed on a provider under section 15 is unpaid by the time when it is required to be paid. The unpaid amount of the penalty for the time being— The total amount of interest imposed under sub-paragraph (2) must not exceed the amount of the penalty. The OfS may recover from the provider, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.
This Part applies if there is a body designated under this Schedule to perform the assessment functions.
As soon as possible after the end of each triennial reporting period, the OfS must prepare and send to the Secretary of State a triennial report about— In preparing a triennial report, the OfS must have regard to any views provided to the OfS by a person listed in sub-paragraph (3) about— Those persons are— “Triennial reporting period”, in relation to a designated body, means—
Where the occupier of the premises to be entered and searched is present at the time when an authorised person seeks to execute a search warrant, the authorised person must— Where the occupier of the premises is not present at the time when an authorised person seeks to execute a search warrant— An authorised person who enters premises under a search warrant must take reasonable steps to ensure that, when the authorised person leaves the premises, they are as secure as they were before the authorised person entered them. Entry and search under a search warrant may not take place after the end of the period of one month beginning with the date on which it is issued.
An explanation or information provided by a person in response to a requirement under paragraph 6(1)(b) or (d) or (2)(b) may be used in evidence against the person, subject to sub-paragraphs (2) to (4). In criminal proceedings against the person— Sub-paragraph (2) does not apply if the proceedings are for— Sub-paragraph (2) does not apply if, in the proceedings—
The OfS may consult in accordance with sub-paragraph (3) about whether there is a body that is suitable to be designated under this Schedule. The Secretary of State may direct the OfS to consult in accordance with sub-paragraph (3) about whether there is a body that is suitable to be designated under this Schedule. The OfS consults in accordance with this sub-paragraph if it consults—
A body is suitable to be designated under this Schedule if the body satisfies conditions A to D. Condition A is that the body is capable of performing the duties of the relevant body under sections 64(1) and 65(1) in an effective manner. Condition B is that— Condition C is that the body consents to being designated under this Schedule. Condition D is that the body is a body corporate and is not—
The OfS must make arrangements for holding the designated body to account for the performance of its duties under sections 64(1) and 65(1).
The OfS must inform the Secretary of State if it has significant concerns about—
how the designated body is performing its duties under section 64(1) or 65(1), or
the continued suitability of the designated body to be designated under this Schedule.
The Education Reform Act 1988 is amended as follows.
UKRI is to consist of the following members appointed by the Secretary of State— In this Schedule, references to the “members of UKRI” are to the members mentioned in sub-paragraph (1). The chair may not also be the CEO or the CFO. Before appointing the members mentioned in sub-paragraph (1)(b) to (d), the Secretary of State must consult the chair. The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members (between them) having experience of— The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members including at least one person with relevant experience in relation to at least one of Wales, Scotland and Northern Ireland. “Relevant experience” means experience of one or more of the following—
Section 18 of the Education Act 1994 (power to reimburse certain payments to persons formerly employed in teacher training) is amended as follows. In subsection (1), for “A higher education funding council” substitute “The Office for Students or the Higher Education Funding Council for Wales”. In subsection (4)—
The Higher Education Act 2004 is amended as follows. Omit sections 22 to 41 and Schedule 5 (student fees and fair access). In section 47 (orders and regulations)— In section 48 (general interpretation), omit the definition of “the 2005 Act”. In Schedule 6 (consequential amendments)—
In the Education Act 2011, omit the following (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule)—
section 77;
paragraphs 18 to 29 of Schedule 5;
paragraph 22 of Schedule 16.
Arts and Humanities Research Council. Economic and Social Research Council. Engineering and Physical Sciences Research Council. Medical Research Council. Natural Environment Research Council. Technology Strategy Board.
In section 50(3) of the Agriculture Act 1967 (provisions on control of sale not to apply to transfers to and from persons listed), for paragraph (f) substitute—.
In section 1(3) of the Mineral Exploration and Investment Grants Act 1972 (conditions for making contributions in respect of mineral exploration), for “the Natural Environment Research Council” substitute “United Kingdom Research and Innovation”.
The Advisory Board for the Research Councils.
The Water Resources Act 1991 is amended as follows. In section 198 (information about underground water)— In section 205 (confidentiality of information about underground water)—
The Arts and Humanities Research Council. The Biotechnology and Biological Sciences Research Council. The Economic and Social Research Council. The Engineering and Physical Sciences Research Council. The Medical Research Council. The Natural Environment Research Council. The Science and Technology Facilities Council. The Technology Strategy Board.
The Government of Wales Act 2006 is amended as follows.
In section 10(4) of the Antarctic Act 2013 (the Crown), in paragraph (a), for “the Natural Environment Research Council” substitute “United Kingdom Research and Innovation”. Subsections (2) and (3) of section 34 of the Antarctic Act 1994 (power to extend to the Channel Islands, Isle of Man and British overseas territories) apply in relation to section 10 of the Antarctic Act 2013 as amended by sub-paragraph (1).
A person may resign from office as a member of the OfS by notifying the Secretary of State. The Secretary of State may remove a person from office as a member of the OfS on any of the following grounds— If a person appointed as a member of the OfS becomes a civil servant, the person ceases to be a member.
In section 122 (orders incorporating higher education institutions maintained by local authorities)—
in the heading, after “local authorities” insert “in Wales”, and
in subsection (1), after “local authority” insert “in Wales”.
Schedule 3A (functions exercisable concurrently or jointly with the Welsh Ministers) (which is inserted by the Wales Act 2017) is amended as follows. In the Table in paragraph 1(2), in the entry relating to the Science and Technology Act 1965, in the column headed “Functions”, after “relating to” insert “United Kingdom Research and Innovation and”.
Before section 122A insert—
In paragraph 5 of Part 1 of Schedule 7 (Acts of the National Assembly for Wales: subject of education and training), before “Research Councils” insert “United Kingdom Research and Innovation and”.
In section 122A (orders transferring further education corporations to higher education sector)—
in the heading, after “further education corporations” insert “in Wales”, and
in subsection (1), after “further education corporation” insert “in Wales”.
In Part 2 of Schedule 7A (specific reservations) (which is inserted by the Wales Act 2017), Section C11 (Research Councils) is amended as follows. In the heading, at the beginning insert “United Kingdom Research and Innovation and”. In paragraph 87— In paragraph 88—
In section 123 (provisions supplementary to sections 121 and 122)—
in the heading, for “and 122” substitute “to 122A”,
in subsection (1), after “by virtue of section” insert “122ZA or”, and
in subsections (3) and (4), after “higher education corporation” insert “in Wales”.
Before section 124 insert—
In section 124 (powers of a higher education corporation)—
in the heading, after “higher education corporation” insert “in Wales”, and
in subsections (1), (1A) and (2), after “higher education corporation” insert “in Wales”.
Before section 124A insert—
In section 124A (constitution and conduct of higher education corporations)—
in the heading, for “corporations” substitute “higher education corporations in Wales”, and
in subsections (1), (2), (3)(a) (in each place), (4), (6), (7) and (8), after “higher education corporation” insert “in Wales”.
In section 124B(2)(b) (accounts), at the beginning insert “in the case of a higher education corporation in Wales,”.
In section 124C (initial and transitional arrangements)—
in the heading, at the end insert “: Wales”,
in subsection (1), after “a corporation” insert “in Wales”, and
in subsection (3), after “higher education corporation” insert “in Wales”.
Before section 125 insert—
In section 125 (articles of government)—
in the heading, at the end insert “: higher education corporations in Wales”,
in subsection (1), after “higher education corporation” insert “in Wales”, and
in subsection (6)—
after “higher education corporations” insert “in Wales”, and
after “higher education corporation” insert “in Wales”.
In section 125A (charitable status of a higher education corporation)—
for “an English higher education corporation” substitute “a higher education corporation in England”, and
for “Welsh higher education corporation” substitute “higher education corporation in Wales”.
In section 127(1) (transfer of staff to higher education corporations), after “higher education corporation” insert “established under section 121 or 122”.
Before section 128 insert—
In section 128 (dissolution of higher education corporations)—
in the heading, after “higher education corporations” insert “in Wales”, and
in subsections (1)(a), (2) and (4), after “higher education corporation” insert “in Wales”.
In section 129(5)(e) (designation of institutions), before “128” insert “127A or”.
In section 157(2)(a) (variation of trust deeds etc: institutions conducted by higher education corporations), after “higher education corporation” insert “in Wales”.
In section 161(1) (interpretation of Part 2)—
after paragraph (b) insert—, and
after paragraph (d) insert—
In Schedule 7 (the higher education corporations)—
for the heading substitute “Higher education corporations in Wales established before the appointed day”, and
in paragraph 1(1), (2) and (3)(a), after “higher education corporation” insert “in Wales”.
In Schedule 7A (instruments of government made by Privy Council), for the heading substitute “Higher education corporations in Wales established on or after the appointed day: instruments of government made by Privy Council”.
The Director for Freedom of Speech and Academic Freedom (“the Free Speech Director”) is responsible for— For the purposes of this Schedule, the OfS’s “free speech functions” are—
Section 10
For the purposes of this Schedule, “credits” are units used to signify the total amount of learning time that a student would ordinarily be expected to spend in order to complete a particular course or part of a course. “Learning time” means time spent in any form of study, learning or assessment.
Regulations must, in relation to each course year for which the credit-based method is to be used, make provision about the circumstances in which the course year is to be regarded as having a number of credits attached to it for the purposes of paragraphs 1D and 1E. Such regulations may, for instance, provide that the course year is to be regarded as having a number of credits attached to it if— Regulations may, in relation to a course year for which the credit-based method is to be used— Credits are not to be regarded for the purposes of paragraphs 1D and 1E as attached to a course year, or to activity undertaken during a course year, except by virtue of regulations under sub-paragraph (1) or (3).
Regulations must, in relation to each course year for which the credit-based method is to be used, specify or provide for the determination of— Sub-paragraphs (3) and (4) apply in relation to a course year that includes credit-differentiated activity. Regulations must specify or provide for the determination of— for each credit-differentiated activity to be undertaken during the course year. In relation to a given course year— This paragraph does not apply in relation to qualifying courses that are modules.
If— the fee limit is to be determined in accordance with this paragraph. Unless the course year includes credit-differentiated activity to which credits are attached, the fee limit is the amount produced by multiplying the chargeable number of credits for the course year by the per-credit limit. For the purposes of sub-paragraph (2), the chargeable number of credits is— If the course year includes credit-differentiated activity to which credits are attached, the fee limit is the amount produced by— For the purposes of sub-paragraph (4)(a), the chargeable number of credits is— In relation to a qualifying course that is a module— The “per-credit limit” is the per-credit limit determined in accordance with paragraphs 1I to 3.
If— the fee limit is to be determined in accordance with this paragraph. Unless the course year includes credit-differentiated activity, the fee limit is the amount produced by multiplying the default number of credits for the course year (see paragraph 1C(1)(b)) by the per-credit limit. If the course year includes credit-differentiated activity, the fee limit is the amount produced by— The “per-credit limit” is the per-credit limit determined in accordance with paragraphs 1I to 3.
Regulations may provide, in relation to transfer cases, for a reduction in— “Transfer cases” are cases in which a provider relieves a student of the need to undertake part of a course because of activity undertaken by the student other than as part of that course.
Regulations under paragraph 1B, 1C or 1F are to be made by the Secretary of State. Such regulations may refer to matters determined or published by the Secretary of State or other persons (whether before or after the regulations are made). If the fee limit determined in accordance with paragraphs 1D and 1E would, apart from this sub-paragraph, be an amount including a fraction of a penny, the fraction is to be disregarded.
Under the fixed method, the fee limit is the fixed limit determined in accordance with paragraphs 1I to 3.
Paragraphs 2 and 3 apply for the purposes of determining both— References in those paragraphs to “the relevant limit” are to be read accordingly. References in those paragraphs to “the course year” are to the course year in respect of which the fee limit is being determined. Where an amount is prescribed or determined under either paragraph, the regulations or determination must specify whether the amount is prescribed or determined for the purposes of the per-credit limit or the fixed limit. The power for regulations to prescribe different amounts for different cases or purposes by virtue of section 119(5)(a) includes power for regulations under paragraph 2 or 3 to prescribe different per-credit limits in respect of different credit-differentiated activity.
Section 15
Section 27
In this Schedule— References in this Schedule to a body that is suitable to perform the assessment functions are to be read in accordance with paragraph 4.
Section 61
“training provider” means a person who provides training for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act).
A search warrant must— A search warrant may permit or require a constable to accompany an authorised person who is executing it. A search warrant authorises an authorised person to enter each set of premises specified in the warrant on one occasion only unless it specifies that it authorises multiple entries. If a search warrant specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited or limited to a specified maximum. Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries. As many copies as are reasonably required may be made of any other kind of search warrant. The copies made under sub-paragraphs (5) and (6) must be clearly certified as copies.
The powers conferred by a search warrant to inspect, copy, seize and retain items found on premises include— Those powers also include— A person is within this sub-paragraph if the person is— The power conferred by a search warrant to inspect, copy, seize and retain items does not include power to inspect, copy, seize or retain excluded items. “Excluded items” means items that are— If an item is seized from premises in the exercise of powers conferred by a search warrant, the authorised person executing the warrant— A notice under sub-paragraph (6) must— An authorised person exercising powers under a search warrant must— An item which is seized in the exercise of powers under a search warrant may be retained as long as is necessary in all the circumstances, including for use as evidence on a prosecution for an offence. An item may not be retained for use as evidence on a prosecution for an offence if a photograph or a copy would be sufficient for that purpose. Nothing in this paragraph confers power to search a person.
In this Schedule— For the purposes of this Schedule, references to items found on premises include—
The governing body of a provider may appeal to the First-tier Tribunal against— An appeal under this paragraph may be made on the grounds— On an appeal under this paragraph the Tribunal may—
Section 66
In this Schedule— References in this Schedule to a body that is suitable to be designated under this Schedule are to be read in accordance with paragraph 4.
Section 73
Section 90
Section 91
Section 115
Section 122
Section 122
“foundation degree only authorisation” has the meaning given by section 42(3);
This Schedule provides for the determination of the fee limit, for the purposes of a fee limit condition, applicable to a course year of a qualifying course. There are two methods of determining the fee limit: the credit-based method (see paragraphs 1A to 1G) and the fixed method (see paragraph 1H). Which method is to be used in a given case is to be determined by regulations made by the Secretary of State.
The power for regulations to prescribe different amounts for different cases or purposes by virtue of section 119(5)(a) includes power for regulations under paragraph 2 or 3 to prescribe different amounts as the higher amount, basic amount and floor amount in the case of an accelerated course. An “accelerated course” means a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award.
Before imposing a monetary penalty on the provider under that section, the OfS must notify the provider of its intention to do so. The notice must— The specified period must not be less than 28 days beginning with the date on which the notice is received. The OfS must have regard to any representations made by the provider during the specified period in deciding whether to impose a monetary penalty on it. Having decided whether or not to impose a monetary penalty, the OfS must notify the provider of its decision. Where the decision is to impose a monetary penalty, the notice must specify— The notice must also contain information as to— The requirement to pay the penalty is suspended at any time when— But that does not prevent the requirement to pay taking effect if the provider notifies the OfS that it does not intend to appeal.
The OfS must pay the sums received by it by way of a penalty under section 15 or interest under paragraph 4 to the Secretary of State.
This Schedule applies in relation to the imposition by the OfS of a requirement to pay costs on the governing body of a provider under section 73.
This paragraph applies if all or part of an amount of costs that a governing body is required to pay under section 73 is unpaid by the time when it is required to be paid. The unpaid amount of the costs for the time being— The total amount of interest imposed under sub-paragraph (2) must not exceed the amount of the costs. The OfS may recover from the governing body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.
An order under subsection (1) which would give a provider foundation degree only authorisation may be made only if—
the provider is an English further education provider,
the provider gives the OfS a progression statement, and
the OfS considers that the proposals set out in that statement are satisfactory and are likely to be carried out.
A “progression statement” is a statement setting out what the provider proposes to do as regards making arrangements for securing that any person granted a foundation degree in pursuance of the authorisation (other than by virtue of section 43(2)(c) or (d) (honorary and staff degrees)) has an opportunity to progress to one or more particular courses of more advanced study.
An authorisation under subsection (1) must specify—
the date when it takes effect, and
the period during which it has effect (which may be an indefinite period).
A provider authorised under subsection (1) has power to grant the authorised taught awards or research awards (as the case may be) to persons who complete the appropriate course of study, or programme of supervised research, on or after the date the authorisation takes effect.
It is for the provider to determine, in accordance with any relevant provisions of the instruments relating to or regulating the provider—
the courses of study or programmes of supervised research, and the assessments, which are appropriate for the grant of an authorised taught award or research award, and
the terms and conditions on which any of the powers conferred by the authorisation may be exercised.
An authorisation under subsection (1) may restrict the power to grant an authorised taught award or research award to persons enrolled with the provider at the time they complete the course of study, or programme of supervised research, for which the award is granted.
The OfS's power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
An order under subsection (1) may make incidental, supplementary, transitional or saving provision.
In this section—
See sections 43, 44 and 46 which make further provision about orders under subsection (1).
An authorisation under section 42(1) may include power for the provider to authorise other institutions to grant on the provider's behalf—
all the authorised taught awards and research awards, or
such of those awards as are specified or are of a specified description.
An authorisation under section 42(1) includes—
power to grant the authorised taught awards or research awards, or such of those awards as are specified or are of a specified description, jointly with another institution,
power to deprive a person of an authorised taught award or research award granted by or on behalf of the provider in pursuance of the authorisation,
power to grant honorary degrees of any description, or specified honorary degrees, or honorary degrees of a specified description, and
power to grant degrees of any description, or specified degrees, or degrees of a specified description, to members of the academic or other staff of the provider.
But in the case of a foundation degree only authorisation, the references in subsection (2)(c) and (d) to degrees are to foundation degrees only.
In the case of an authorised taught award or research award granted jointly with another institution, the power to deprive mentioned in subsection (2)(b) is only exercisable jointly with that institution.
In this section, “authorised” and “specified” have the same meaning as in section 42.
The OfS may, at any time, by a further order under section 42(1), vary or revoke an authorisation given by a previous order under that provision.
That is the case even if the authorisation was given for an indefinite period.
The OfS may make such an order revoking an authorisation given to a provider only if condition A, B or C is satisfied.
Condition A is satisfied if the provider ceases to be a registered higher education provider.
Condition B is satisfied if—
the OfS has concerns regarding the quality of, or the standards applied to, higher education which has been or is being provided by the provider, and
it appears to the OfS that those concerns are so serious that—
its powers by a further order under section 42(1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
it is appropriate to revoke the authorisation.
Condition C is satisfied if—
due to a change in circumstances since the authorisation was given, the OfS has concerns regarding the quality of, or the standards applied to, higher education which will be provided by the provider, and
it appears to the OfS that those concerns are so serious that—
its powers by a further order under section 42(1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
it is appropriate to revoke the authorisation.
Where there are one or more sector-recognised standards, for the purposes of subsections (5)(a) and (6)(a)—
the OfS's concerns regarding the standards applied must be concerns regarding the standards applied in respect of matters for which there are sector-recognised standards, and
those concerns must be regarding those standards as assessed against sector-recognised standards.
See sections 46 and 48 which make further provision about further orders under section 42(1).
The OfS may by order vary or revoke an authorisation given to an English higher education provider— to grant taught awards or research awards.
by or under an Act of Parliament, other than under section 42(1) of this Act, or
by Royal Charter,
That is the case even if the authorisation was given for an indefinite period.
An order under subsection (1) varying an authorisation may only make such provision as could be made by an order giving authorisation under section 42(1).
When applying section 42(4) and (5) in the case of such an order, the reference in section 42(5) to a foundation degree granted other than by virtue of section 43(2)(c) or (d) (honorary and staff degrees) is to be read as a reference to a foundation degree granted other than by virtue of whatever is the equivalent of section 43(2)(c) or (d) in the case of the provider.
The OfS may make an order under subsection (1) revoking an authorisation given to a provider only if condition A, B or C is satisfied.
Condition A is satisfied if the provider is not a registered higher education provider.
Condition B is satisfied if—
the OfS has concerns regarding the quality of, or the standards applied to, higher education which has been or is being provided by the provider, and
it appears to the OfS that those concerns are so serious that—
its powers by an order under subsection (1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
it is appropriate to revoke the authorisation.
Condition C is satisfied if—
due to a change in circumstances since the authorisation was given, the OfS has concerns regarding the quality of, or the standards applied to, higher education which will be provided by the provider, and
it appears to the OfS that those concerns are so serious that—
its powers by an order under subsection (1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
it is appropriate to revoke the authorisation.
Where there are one or more sector-recognised standards, for the purposes of subsections (7)(a) and (8)(a)—
the OfS's concerns regarding the standards applied must be concerns regarding the standards applied in respect of matters for which there are sector-recognised standards, and
those concerns must be regarding those standards as assessed against sector-recognised standards.
The OfS's power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
An order under subsection (1) may make incidental, supplementary, transitional or saving provision.
Any power to vary or revoke an authorisation mentioned in subsection (1), which is a power which exists immediately before the coming into force of this section, ceases to exist on that coming into force.
See sections 46 and 48 which make further provision about orders under subsection (1).
The OfS must request advice from the relevant body regarding the quality of, and the standards applied to, higher education provided by a provider before making—
an order under section 42(1) authorising the provider to grant taught awards or research awards,
a further order under section 42(1)—
varying an authorisation given to the provider by a previous order under section 42(1), or
revoking such an authorisation on the ground that condition B in section 44(5) is satisfied, or
an order under section 45(1)—
varying an authorisation given to the provider, as described in that provision, to grant taught awards or research awards, or
revoking such an authorisation on the ground that condition B in section 45(7) is satisfied.
Where the OfS requests advice under subsection (1), the relevant body must provide it.
The advice provided under subsection (2) must include the relevant body's view as to whether the provider has the ability—
to provide, and maintain the provision of, higher education of an appropriate quality, and
to apply, and maintain the application of, appropriate standards to that higher education.
The advice provided by the relevant body under subsection (2) must be informed by the views of persons who (between them) have experience of—
providing higher education on behalf of, or being responsible for the provision of higher education by—
an English higher education provider which is neither authorised to grant taught awards nor authorised to grant research awards,
an English further education provider, and
an English higher education provider which is within neither sub-paragraph (i) nor sub-paragraph (ii),
representing or promoting the interests of individual students, or students generally, on higher education courses provided by higher education providers,
employing graduates of higher education courses provided by higher education providers,
research into science, technology, humanities or new ideas, and
encouraging competition in industry or another sector of society.
Where the order authorises the provider to grant research awards or varies or revokes such an authorisation, the advice provided by the relevant body under subsection (2) must also be informed by the views of UKRI.
Subsections (4) and (5) do not prevent the advice given by the relevant body under subsection (2) also being informed by the views of others.
The OfS must have regard to advice provided to it by the relevant body under subsection (2) in deciding whether to make the order.
But that does not prevent the OfS having regard to advice from others regarding quality or standards.
Where the order varies or revokes an authorisation, the advice under subsection (1) may be requested before or after the governing body of the provider is notified under section 48 of the OfS's intention to make the order.
Where there are one or more sector-recognised standards—
for the purposes of subsections (1) and (8)—
the advice regarding the standards applied must be advice regarding the standards applied in respect of matters for which there are sector-recognised standards, and
that advice must be regarding those standards as assessed against sector-recognised standards, and
“appropriate standards” in subsection (3) means sector-recognised standards.
In this section “the relevant body” means—
the designated assessment body, or
if there is no such body, a committee which the OfS must establish under paragraph 8 of Schedule 1 for the purpose of performing the functions of the relevant body under this section.
Where the OfS is required to establish a committee for the purpose mentioned in subsection (11)(b)—
the majority of members of the committee must be individuals who are not members of the OfS, and
in appointing members of the committee, the OfS must have regard to the need for the advice provided by the committee to meet the requirements of subsections (4) and (where applicable) (5).
In this section—
The OfS must, as soon as possible after it has been made, notify the Secretary of State if it makes an order under section 42(1) authorising a provider to grant taught awards, where the provider has not previously operated under validation arrangements.
For the purposes of subsection (1), a provider has previously operated under validation arrangements if, at any time before the date when the order is made—
a student at the provider has been granted a taught award by another provider or the OfS, under validation arrangements between the provider and the other provider or the OfS, or
the provider has granted a taught award on behalf of another provider or the OfS, under validation arrangements between the provider and the other provider or the OfS.
In this section “validation arrangements” means—
arrangements between one English higher education provider and another English higher education provider under which the first provider—
grants a taught award to a person who is a student at the other provider, or
authorises the other provider to grant a taught award on behalf of the first provider, or
arrangements between the OfS and a registered higher education provider under which the OfS—
grants a taught award to a person who is a student at the provider, or
authorises the provider to grant a taught award on behalf of the OfS.
Before— the OfS must notify the governing body of the provider of its intention to do so.
making a further order under section 42(1) varying or revoking a provider's authorisation, or
making an order under section 45(1) varying or revoking a provider's authorisation,
The notice must—
specify the OfS's reasons for proposing to take the step in question,
specify the period during which the governing body may make representations about the proposal (“the specified period”), and
specify the way in which those representations may be made.
The specified period must not be less than 28 days beginning with the date on which the notice is received.
The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to take the step in question.
Having decided whether or not to take the step in question, the OfS must notify the governing body of the provider of its decision.
If the OfS decides to vary or revoke a provider's authorisation, the notice of the decision must specify the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1).
The notice must also contain information as to—
the rights of appeal, and
the period within which an appeal may be made.
The order under section 42(1) or 45(1) implementing the decision to vary or revoke the authorisation may not be made, and the variation or revocation may not take effect, at any time when—
an appeal under section 49(1)(a) or (b), or a further appeal, could be brought in respect of the decision to vary or revoke, or
such an appeal is pending.
But that does not prevent the order under section 42(1) or 45(1) being made, or the variation or revocation taking effect, if the governing body of the provider notifies the OfS that it does not intend to appeal.
Where subsection (8) ceases to prevent a variation or revocation taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1).
But that is subject to what has been determined on any appeal under section 49(1)(a) or (b), or any further appeal, in respect of the decision to vary or revoke.
The governing body of a provider may appeal to the First-tier Tribunal against either or both of the following—
a decision of the OfS to vary or revoke, by a further order under section 42(1) or an order under section 45(1), an authorisation given to it;
a decision of the OfS as to the date specified under section 48(6) as the date on which the variation or revocation takes effect.
On an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal—
must consider afresh the decision appealed against, and
may take into account evidence that was not available to the OfS.
An appeal under subsection (1), other than an appeal against a decision to revoke an authorisation, may be on the grounds—
that the decision was based on an error in fact;
that the decision was wrong in law;
that the decision was unreasonable.
On an appeal under subsection (1), the Tribunal may—
withdraw the decision;
confirm the decision;
vary the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1);
remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the variation or revocation takes effect), to the OfS.
In the case of an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.
An appeal under subsection (1)(a) against a decision to revoke an authorisation may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.
The OfS may enter into arrangements (“commissioning arrangements”) with an authorised registered higher education provider requiring the provider to offer to enter into validation arrangements in respect of—
all the taught awards that the provider is authorised to grant, or
such of those taught awards as are specified in the commissioning arrangements or are of a description so specified.
Commissioning arrangements may require a provider to offer to enter into validation arrangements subject to conditions specified by the OfS.
Commissioning arrangements may not require a provider to offer to enter into validation arrangements that the provider is not authorised to enter into.
In this section, “validation arrangements” means arrangements between one registered higher education provider and another registered higher education provider under which the first provider—
grants a taught award to a person who is a student at the other provider, or
authorises the other provider to grant a taught award on behalf of the first provider.
In this section, “authorised”, in relation to a registered higher education provider, means authorised to grant taught awards, and to enter into validation arrangements, by—
an authorisation given—
under section 42(1),
by or under any other provision of an Act of Parliament, or
by Royal Charter, or
an authorisation varied under section 45(1).
If (having regard to advice from the OfS) the Secretary of State considers it necessary or expedient, the Secretary of State may by regulations—
authorise the OfS to enter into validation arrangements, and
require the OfS to offer to do so with—
registered higher education providers generally, or
such registered higher education providers as are specified in the regulations or are of a description so specified.
Regulations under subsection (1) may authorise the OfS to enter into validation arrangements in respect of—
all taught awards, or
such taught awards as are specified in the regulations or are of a description so specified.
Regulations under subsection (1) may require the OfS to offer to enter into validation arrangements subject to conditions specified in the regulations.
Regulations under subsection (1) may include power for the OfS to authorise authorised registered higher education providers to enter on its behalf into—
all the validation arrangements that the OfS is authorised to enter into by the regulations, or
such of those validation arrangements as are specified in the regulations or are of a description so specified.
But regulations under subsection (1) may not include power for the OfS to authorise a provider to enter on its behalf into validation arrangements which are—
arrangements in respect of taught awards that the provider is not authorised to grant, or
arrangements that the provider is not authorised to enter into.
Regulations under subsection (1) may include power for the OfS to deprive a person of a taught award granted by or on behalf of the OfS under validation arrangements.
In this section, “validation arrangements” means arrangements between the OfS and a registered higher education provider under which the OfS—
grants a taught award to a person who is a student at the provider, or
authorises the provider to grant a taught award on behalf of the OfS.
In this section, “authorised”, in relation to a registered higher education provider, means authorised to grant taught awards, and to enter into validation arrangements, by—
an authorisation given—
under section 42(1),
by or under any other provision of an Act of Parliament, or
by Royal Charter, or
an authorisation varied under section 45(1).
Validation arrangements may provide for— to be subject to such conditions as the OfS considers appropriate.
the grant of a taught award by the OfS, or
the authorisation to grant a taught award on behalf of the OfS,
Section 76 of the Further and Higher Education Act 1992 (power to award degrees, etc) is amended as follows.
In the heading, after “etc.” insert “ : institutions in Wales ”.
In subsection (1), after “any institution” in both places insert “ in Wales ”.
After subsection (7), insert—
The amendments made by this section do not affect the continuing validity of any orders made under section 76 of the Further and Higher Education Act 1992 before the coming into force of this section.
Section 214 of the Education Reform Act 1988 (unrecognised degrees) is amended as follows.
In subsection (2), before paragraph (a) insert—.
In subsection (2)(a), after “Act of Parliament” insert “ (other than section 42(1), 45(1) or 51(1) of the 2017 Act) ”.
In subsection (2)(c), for “Secretary of State” substitute “ appropriate authority ”.
After subsection (9) insert—
In subsection (9A)—
for “and section 215, as they extend” substitute “ as it extends ”, and
for “the reference to the Secretary of State is to be read as a reference to” substitute “ “the appropriate authority” means ”.
In subsection (10)(a)—
for “means” substitute— , and
after “outside the United Kingdom” insert, and .
Section 215 of the Education Reform Act 1988 (“the 1988 Act”) (unrecognised degrees: enforcement) is amended in accordance with subsections (2) and (3).
In subsection (1)—
for “Secretary of State” substitute “ appropriate authority ”,
for “him” substitute “ the appropriate authority ”, and
for “he” substitute “ the appropriate authority ”.
After subsection (1A) insert—
Section 216 of the 1988 Act (identification of bodies granting or providing courses for recognised awards) is amended in accordance with subsections (5) to (12).
For subsection (1) substitute—
In subsection (2)—
for “Secretary of State” substitute “ appropriate authority ”, and
for “him” substitute “ the authority ”.
After subsection (2) insert—
In subsection (2A), for “the references in subsections (1) and (2) above to the Secretary of State are to be read as references to” substitute “ “the appropriate authority” means ”.
In subsection (3)—
in the opening words for “either” substitute “ it ”, and
before paragraph (a) insert—.
In subsection (3)(a), after “a recognised body” insert “ within subsection (4)(c) ”.
In subsection (4), after “means” insert— .
In the heading, after “awards” insert “ etc ”.
Section 232 of the 1988 Act (orders and regulations) is amended in accordance with subsections (14) and (15).
After subsection (4), insert—
In subsection (5), after “fit” insert “ or, in the case of orders under section 214 or 216 made by the Office for Students, the Office for Students thinks fit ”.
The amendments made by section 53 or this section to section 214 or 216 of the 1988 Act do not affect the continuing validity of any orders made under section 214 or 216 of the 1988 Act before the coming into force of this section.
Such orders made by the Secretary of State under section 214 or 216 of the 1988 Act have effect after the coming into force of this section as if made by the OfS under section 214 or 216 of the 1988 Act.
The power in section 217(2) of the 1988 Act may be exercised so as to extend to any of the Channel Islands any amendment made by section 53 or this section to sections 214 to 216 of the 1988 Act with such adaptations and modifications (if any) as may be specified in the Order.
Nothing done under this Part is to affect the right of the Archbishop of Canterbury, or any other person, by virtue of the Ecclesiastical Licences Act 1533 to grant a degree where the recipient is not required—
to complete an appropriate course of study or an appropriate programme of supervised research, or
to satisfy an appropriate examination, test or other assessment.
Section 77 of the Further and Higher Education Act 1992 (use of “university” in title of institution) is amended as follows.
Before subsection (1) insert—
In subsection (1)—
in paragraph (b), after “institution” insert “ is in Wales and ”, and
omit “(whether or not the institution would apart from this section be a university)”.
After subsection (1) insert—
In subsection (2)—
after “in subsection” insert “ (A1) or ”, and
for “that subsection” substitute “ subsections (A1) and (1) ”.
In subsection (3), after “name” insert “ the Office for Students and ”.
After subsection (3) insert—
In subsection (4), after “subsection” insert “ (A1) or ”.
After subsection (4) insert—
The amendments made by this section do not affect the continuing validity of any consents given by the Privy Council under section 77 of the Further and Higher Education Act 1992 before the coming into force of this section.
Section 39 of the Teaching and Higher Education Act 1998 (unauthorised use of “university” in title of institution etc) is amended as follows.
Before subsection (1) insert—
In subsection (1), omit “England or”.
In subsection (2)—
for “such an institution” substitute “ a relevant institution in England or a relevant institution in Wales ”, and
after “subsection” insert “ (A1) or ”.
In subsection (3), after “Subsection” insert “ (A1), ”.
In subsection (4), after “subsection” insert “ (A1), ”.
In subsection (5), after “this section” insert “ the Office for Students and ”.
After subsection (5) insert—
“English higher education provider” and “higher education course” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see section 83 of that Act);
“relevant institution in England” means a registered higher education provider as defined by section 85 of the Higher Education and Research Act 2017; “relevant institution in Wales” means—
After subsection (7) insert—
The amendments made by this section do not affect the continuing validity of any approvals given by the Privy Council under section 39 of the Teaching and Higher Education Act 1998 before the coming into force of this section.
The OfS may by order revoke any authorisation, consent or other approval given by or by virtue of— to an institution in England to include the word “university” in its name.
an Act (other than the Companies Act 2006), or
a Royal Charter,
That is the case even if the authorisation, consent or other approval was granted for an indefinite period.
The OfS may make an order under subsection (1) only if condition A, B or C is satisfied.
Condition A is satisfied if—
in the case of consent or approval given by the OfS under section 77 of the Further and Higher Education Act 1992 or section 39 of the Teaching and Higher Education Act 1998, the institution ceases to be a registered higher education provider, or
in any other case, the institution is not a registered higher education provider.
Condition B is satisfied if, disregarding any transitional or saving provision made by an order under section 42(1) or 45(1)—
the institution is neither authorised to grant taught awards nor authorised to grant research awards, or
foundation degrees are the only degrees which the institution is authorised to grant.
Condition C is satisfied if, due to a change in circumstances since the authorisation, consent or other approval was given, it appears to the OfS to be no longer appropriate for the institution to include the word “university” in its name.
The OfS's power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
An order under subsection (1) may make incidental, supplementary, transitional or saving provision.
Any power to revoke an authorisation, consent or other approval mentioned in subsection (1), which is a power which exists immediately before the coming into force of this section, ceases to exist on that coming into force.
Before making an order under section 58(1) revoking the authorisation, consent or other approval given to an institution to include the word “university” in its name, the OfS must notify the governing body of the institution of its intention to do so.
The notice must—
specify the OfS's reasons for proposing to take the step in question,
specify the period during which the governing body may make representations about the proposal (“the specified period”), and
specify the way in which those representations may be made.
The specified period must not be less than 28 days beginning with the date on which the notice is received.
The OfS must have regard to any representations made by the governing body of the institution during the specified period in deciding whether to take the step in question.
Having decided whether or not to take the step in question, the OfS must notify the governing body of the institution of its decision.
If the OfS decides to revoke the authorisation, consent or other approval given to an institution to include the word “university” in its name, the notice of the decision must specify the date on which the revocation takes effect under the order to be made under section 58(1).
The notice must also contain information as to—
the rights of appeal, and
the period within which an appeal may be made.
The order under section 58(1) implementing the decision to revoke the authorisation, consent or other approval may not be made, and the revocation may not take effect, at any time when—
an appeal under section 60(1)(a) or (b), or a further appeal, could be brought in respect of the decision to revoke, or
such an appeal is pending.
But that does not prevent the order under section 58(1) being made, or the revocation taking effect, if the governing body of the institution notifies the OfS that it does not intend to appeal.
Where subsection (8) ceases to prevent a revocation taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the revocation takes effect under the order to be made under section 58(1).
But that is subject to what has been determined on any appeal under section 60(1)(a) or (b), or any further appeal, in respect of the decision to revoke.
The governing body of an institution may appeal to the First-tier Tribunal against either or both of the following—
a decision of the OfS to revoke, by an order under section 58(1), an authorisation, consent or other approval given to the institution to include the word “university” in its name;
a decision of the OfS as to the date specified under section 59(6) as the date on which the revocation takes effect.
On an appeal under subsection (1)(a), the Tribunal—
must consider afresh the decision appealed against, and
may take into account evidence that was not available to the OfS.
An appeal under subsection (1)(b) may be on the grounds—
that the decision was based on an error of fact;
that the decision was wrong in law;
that the decision was unreasonable.
On an appeal under subsection (1), the Tribunal may—
withdraw the decision;
confirm the decision;
vary the date on which the revocation takes effect under the order to be made under section 58(1);
remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the revocation takes effect), to the OfS.
In the case of an appeal under subsection (1)(a), the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.
An appeal under subsection (1)(a) against a decision to revoke an approval may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.
Schedule 5 makes provision about powers to enter and search premises in England occupied by supported higher education providers or linked institutions in relation to such providers.
“Supported higher education provider” means a registered higher education provider which—
is funded wholly or partly by a grant, loan or other payment from the OfS under section 39 or 40 (financial support for providers), or
provides higher education courses which are designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 (financial support for students) by or under regulations made under that section.
A “linked institution” in relation to a supported higher education provider means an institution which acts on behalf of the provider in the provision of a higher education course by the provider.
The OfS may by notice require the governing body of an unregistered provider to provide the OfS with such information for the purposes of the performance of the OfS's functions as the OfS requests in the notice.
A notice under subsection (1) may require the information to be provided—
by a time specified in the notice, and
in a form and manner specified in the notice.
If a governing body fails to comply with a notice under subsection (1) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the notice in civil proceedings for an injunction.
“An unregistered provider” is an English higher education provider which is not a registered higher education provider.
See section 8(1)(b) for the ongoing registration condition of a registered higher education provider to provide information to the OfS.
The OfS—
may cooperate with any person where it considers it appropriate to do so for the efficient performance of a function of the OfS, and
must cooperate with a person in the performance of such a function if required to do so by the Secretary of State.
The OfS—
may cooperate with a relevant person where it considers it appropriate to do so for the efficient performance of a relevant function of the relevant person, and
must cooperate with a relevant person in the performance of such a function if required to do so by the Secretary of State.
The OfS may provide information to any person if the disclosure is made for the purposes of the performance of a function of the OfS.
The OfS may provide information to a relevant person if the disclosure is made for the purposes of the performance of a relevant function of the relevant person.
Provision of information by the OfS which is authorised by this section does not breach—
an obligation of confidence owed by the OfS, or
any other restriction on the provision of information (however imposed).
But nothing in this section authorises the OfS to provide information where doing so contravenes the data protection legislation .
In this section—
Regulations under this section prescribing functions of a relevant person may prescribe all of the person's functions.
The relevant body must—
compile appropriate information relating to registered higher education providers and the higher education courses they provide, and
make the information available in an appropriate form and manner to the OfS, UKRI and the Secretary of State.
In this section “the relevant body” means—
the designated body (see section 66), or
if there is no such body, the OfS.
What is “appropriate” for the purposes of subsection (1)(a) and (b) is to be determined—
by the designated body if the OfS has notified the body that it is required to do so (and has not withdrawn the notification), or
otherwise, by the OfS.
A notification under subsection (3) may relate to one or both of the paragraphs of subsection (1).
When the designated body or the OfS determines what is appropriate for the purposes of subsection (1), it must in particular consider what would be helpful to the persons mentioned in subsection (1)(b).
The OfS must from time to time obtain and consider, or require the designated body to obtain and consider, the views of the persons listed in subsection (7) about the information that should be made available under this section.
Those persons are—
UKRI,
the Secretary of State, and
such other persons as the body seeking views considers appropriate.
In performing the duty under subsection (1)(a), the relevant body must—
cooperate with other persons who collect information from registered higher education providers, and
have regard to the desirability of reducing the burdens on such providers relating to the collection of information.
In carrying out other functions under this section, the OfS and the designated body must have regard to the desirability of reducing the burdens described in subsection (8)(b).
The functions conferred by this section do not affect any other functions of the OfS regarding information.
The relevant body must publish, or arrange for the publication of, appropriate information relating to registered higher education providers and the higher education courses they provide.
In this section “the relevant body” means—
the designated body (see section 66), or
if there is no such body, the OfS.
The information must be published—
at appropriate times, and
at least once a year.
The information must be published in an appropriate form and manner.
What is “appropriate” for the purposes of subsections (1), (3) and (4) is to be determined—
by the designated body if the OfS has notified the body that it is required to do so (and has not withdrawn the notification), or
otherwise, by the OfS.
A notification under subsection (5) may relate to one or more of subsections (1), (3) and (4).
When the designated body or the OfS determines what is appropriate for the purposes of subsection (1), (3) or (4), it must in particular consider what would be helpful to—
students on higher education courses provided by registered higher education providers;
people thinking about undertaking such courses;
registered higher education providers.
The consideration under subsection (7) of what would be helpful to those described in paragraphs (a) to (c) of that subsection must include a consideration of what would be helpful to—
international students on higher education courses provided by registered higher education providers;
people thinking about undertaking such courses who would be international students on such courses;
registered higher education providers who recruit, or are thinking about recruiting, people who would be international students on such courses.
When the designated body or the OfS determines what is appropriate for the purposes of subsection (1), it must, in particular, consider whether information about the numbers of international students on higher education courses provided by registered higher education providers would be appropriate information.
The OfS must from time to time consult, or require the designated body to consult, the following about the matters described in subsections (7) to (9)—
a number of registered higher education providers that, taken together, appear to the OfS to comprise a broad range of the different types of such providers,
a number of persons that, taken together, appear to the OfS to represent, or promote the interests of, a broad range of students on higher education courses provided by registered higher education providers,
a number of persons that, taken together, appear to the OfS to represent, or promote the interests of, a broad range of employers of graduates, and
such other persons as the OfS considers appropriate.
In performing the duty under subsection (1), the relevant body must—
cooperate with other persons who collect information from registered higher education providers, and
have regard to the desirability of reducing the burdens on such providers relating to the collection of information.
In carrying out other functions under this section, the OfS and the designated body must have regard to the desirability of reducing the burdens described in subsection (11)(b).
The functions conferred by this section do not affect any other functions of the OfS regarding information.
In this section—
an Act of the Scottish Parliament;
The OfS must pay to members of the OfS such remuneration as the Secretary of State may determine. The OfS must pay, or make provision for paying, to or in respect of a person who is or has been a member of the OfS such sums as the Secretary of State may determine in respect of pension, allowances, expenses or gratuities. If, where a person ceases to be a member of the OfS, the Secretary of State determines that he or she should be compensated because of special circumstances, the OfS must pay him or her compensation of such amount as the Secretary of State may determine.
The OfS may determine— but that is subject to the rest of this paragraph. The quorum for a meeting of the OfS is half the number of its members. A representative of the Secretary of State is entitled— The OfS must provide the Secretary of State, or a representative of the Secretary of State, with such copies of documents distributed to its members or to any OfS committee as the Secretary of State or representative may require it to provide.
The OfS must prepare a report on the performance of its functions during each financial year. The report must include the statement of accounts in respect of that year. The report must include a statement regarding how the OfS has cooperated with UKRI during that year. The report must include— If, at any time in the financial year to which the report relates, all of the OfS's access and participation functions were not delegated to the Access and Participation Director under paragraph 11, the report must include a statement specifying— The report relating to a financial year must be prepared as soon as possible after the end of the financial year. The OfS must send the report to the Secretary of State. The Secretary of State must lay the report before Parliament.
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert— “ Office for Students. ”
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Office for Students. ”
A search warrant may be issued only on the application of a person authorised in writing by the OfS or the Secretary of State to exercise the powers conferred by a search warrant (an “authorised person”). An application for a search warrant in respect of premises may be made without notice being given to— An application for a search warrant in respect of premises must be supported by an information in writing. An authorised person applying for a search warrant must answer on oath any question that the justice of the peace hearing the application asks the person.
The Secretary of State may make one or more property transfer schemes or staff transfer schemes in connection with— In this Schedule, a “permitted transferor” means the Secretary of State or a body or office listed in sub-paragraph (1)(b). A “property transfer scheme” is a scheme for the transfer from a permitted transferor of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to a permitted transferee. A “staff transfer scheme” is a scheme for the transfer from a permitted transferor of any rights or liabilities under or in connection with a contract of employment to a permitted transferee. In this Schedule, a “permitted transferee” means—
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), omit—
“Employment by the Director of Fair Access to Higher Education.”, and
“Higher Education Funding Council for England.”
The Education Reform Act 1988 is amended as follows.
In section 13 of the Education Act 1996 (local authorities’ general responsibility for education), for subsection (2)(b) substitute—
The Education Act 2005 is amended as follows. In section 92 (joint exercise of functions)— In Schedule 14, omit paragraphs 26 to 35 (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule).
In Part 2 of Schedule 7 to the Charities Act 2011, omit paragraph 97 (which amends section 40 of the Higher Education Act 2004 which is repealed by this Schedule).
In section 23 of the Mining Industry Act 1926 (facilities to be given when shafts or boreholes are sunk)—
in the heading, for “Department of Scientific and Industrial Research” substitute “United Kingdom Research and Innovation”,
in subsection (1), for “the National Environment Research Council” substitute “United Kingdom Research and Innovation”, and
in subsections (1) to (3) and (5), for “the Council”, in each place, substitute “UKRI”.
Arts and Humanities Research Council. Biotechnology and Biological Sciences Research Council. Economic and Social Research Council. Engineering and Physical Sciences Research Council. Medical Research Council. Natural Environment Research Council. Science and Technology Facilities Council. Technology Strategy Board.
In section 24 of the Chronically Sick and Disabled Persons Act 1970 (institute of hearing research), for “the Medical Research Council” substitute “United Kingdom Research and Innovation”.
Chair or Chief Executive of the Science and Technology Facilities Council. Chair, Deputy Chair or Chief Executive of the Technology Strategy Board. Chairman, Deputy Chairman or Chief Executive of the Arts and Humanities Research Council. Chairman, Deputy Chairman, or Chief Executive of the Biotechnology and Biological Sciences Research Council. Chairman, Deputy Chairman or Chief Executive of the Economic and Social Research Council. Chairman, Deputy Chairman or Chief Executive of the Engineering and Physical Sciences Research Council. Chairman, Deputy Chairman or Chief Executive of the Medical Research Council. Chairman, Deputy Chairman or Chief Executive of the Natural Environment Research Council.
In section 2(4)(a) of the Further Education Act 1985 (cases in which requirement that goods or services supplied at open market value disapplied), for the words from “the Arts” to “2004)” substitute “United Kingdom Research and Innovation”.
In Schedule 3 to the Northern Ireland Act 1998 (reserved matters), for paragraph 35A substitute—
In paragraph 9(a) of Part 2 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (application of enforcement provisions for the purposes of the Conservation of Seals Act 1970), for “the Natural Environment Research Council” substitute “United Kingdom Research and Innovation”.
The table in Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards) is amended as follows. In the English language text, omit the entries relating to— In the Welsh language text, omit the entries relating to— United Kingdom Research and Innovation (“Ymchwil ac Arloesedd y Deyrnas Unedig”) Service delivery standards Policy making standards Operational Standards Record keeping standards “Ymchwil ac Arloesedd y Deyrnas Unedig (“United Kingdom Research and Innovation”) Safonau cyflenwi gwasanaethau Safonau llunio polisi Safonau gweithredu Safonau cadw cofnodion
In paragraph 4 of Schedule 2 to the Psychoactive Substances Act 2016 (exempted activities), in paragraph (b)(iii) of the definition of “relevant ethics review body”, at the beginning insert “United Kingdom Research and Innovation or”.
The validity of any proceedings of the OfS, or of any OfS committee, is not affected by a vacancy or a defective appointment.
In section 124B(2)(b) (accounts), for “the higher education funding council” substitute “the Higher Education Funding Council for Wales”.
Section 128 (dissolution of higher education corporations) is amended as follows. In subsection (1)(b)(iii), for “a higher education funding council” substitute “the Higher Education Funding Council for Wales”. In subsection (4)(b), for “the higher education funding council” substitute “the Higher Education Funding Council for Wales”.
In section 129(1) (designation of institutions), for “a higher education funding council” substitute “the Higher Education Funding Council for Wales”.
Section 133 (payments in respect of persons employed in the provision of higher or further education) is amended as follows. In the heading, omit “by Polytechnics and Colleges Funding Council”. In subsection (1)—
In Schedule 7 (higher education corporations), in paragraph 18(2)(b), for “higher education funding council” substitute “Higher Education Funding Council for Wales”.
In sections 64 and 65 and this section, “designated body” means a body for the time being designated under Schedule 6.
In Schedule 6—
Part 1 makes provision about the designation of a body for the purposes of sections 64 and 65, and
Part 2 makes provision about oversight of the designated body by the OfS.
If there is a designated body, the OfS must have regard to the views of that body when making a decision about what is appropriate for the purposes of section 64(1) or section 65(1), (3) or (4).
A person listed in subsection (5) may by notice require a designated body to provide the person with information which is held by the designated body for the purposes of the performance of its duties under sections 64(1) or 65(1).
Those persons are—
the OfS,
UKRI, and
the Secretary of State.
A person may give a notice under subsection (4) only in respect of information which is required by the person for the purposes of the performance of any of the person's functions.
A notice under subsection (4) may require the information to be provided—
by a time specified in the notice, and
in a form and manner specified in the notice.
If a designated body fails to comply with a notice under subsection (4) and does not satisfy the person who gave the notice that it is unable to provide the information, that person may enforce the duty to comply with the notice in civil proceedings for an injunction.
A designated body may charge an annual fee to any registered higher education provider in respect of costs incurred, or to be incurred, by the body in the performance by the body of its functions under this Act.
The amount of a fee payable by a registered higher education provider under this section may be calculated by reference to costs incurred, or to be incurred, by the body in the performance by the body of any of its functions under this Act which are unconnected with the provider.
The total fees payable under this section in any period of 12 months must not exceed the total costs incurred by the body in that period in the performance by the body of its functions under this Act.
The designated body must publish—
a statement of the amount of the fees which it charges under this section and the basis on which they are calculated, and
revised statements where the amount of the fees or the basis on which they are calculated changes.
“Designated body” has the same meaning as in section 66.
The OfS must monitor the financial sustainability of the following registered higher education providers—
those who are funded wholly or partly by a grant, loan or other payment from the OfS under section 39 or 40 (financial support for providers),
those who are not so funded but are eligible to receive such funding under section 39 or 40, and
those who provide higher education courses which are designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 (financial support for students) by or under regulations made under that section.
The OfS must include in its annual report a financial sustainability summary for the financial year to which the report relates.
“A financial sustainability summary” for a financial year is a summary of conclusions drawn by the OfS for that year, from its monitoring under subsection (1), regarding relevant patterns, trends or other matters which it has identified.
Patterns, trends or other matters are “relevant” if—
they relate to the financial sustainability of some or all of the registered higher education providers monitored under subsection (1), and
the OfS considers that they are appropriate to be brought to the attention of the Secretary of State.
In this section—
The OfS may publish notices, decisions and reports given or made in the performance of its functions.
Subsection (1) does not affect any other power of the OfS to publish such a matter.
Publication under this section does not breach—
an obligation of confidence owed by the OfS, or
any other restriction on the publication or disclosure of information (however imposed).
But nothing in this section authorises the OfS to publish information where doing so contravenes the data protection legislation. For this purpose “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
In deciding whether to publish a notice, decision or report under subsection (1), the OfS must, in particular, consider—
the interests of—
students on higher education courses provided by English higher education providers,
people thinking about undertaking, or who have undertaken, such courses, and
English higher education providers,
the need for excluding from publication, so far as practicable, any information which relates to the affairs of a particular body or individual, where publication of that information would or might, in the opinion of the OfS, seriously and prejudicially affect the interests of that body or individual, and
the public interest.
For the purposes of this section and sections 67B and 67C—
a reference to a decision includes a reference to the reasons for it, and
any decision made in the course of exercising, or for the purposes of enabling the OfS to exercise, any of the OfS’s functions (including making any other decision) is made “in the performance of its functions”.
This section applies where under section 67A(1) the OfS publishes a decision to conduct an investigation.
If the publication identifies a higher education provider or other body or individual whose activities are being, or to be, investigated, and— the OfS must publish a notice stating that fact.
the OfS terminates the investigation without making any finding, or
the findings of the investigation, so far as they relate to the higher education provider, body or individual, do not result in the OfS taking any further action,
Section 67C does not apply to the publication of the decision to conduct the investigation to the extent that it includes information other than—
a statement of the OfS’s decision to conduct the investigation,
a summary of the matter being, or to be, investigated, and
a reference to the identity of any higher education provider or other body or individual whose activities are being, or to be, investigated.
See section 67A(6) for the meaning of references to decisions.
The OfS may arrange for studies designed to improve economy, efficiency and effectiveness in the management or operations of a registered higher education provider to be promoted or carried out by a person.
A person promoting or carrying out such studies at the request of the OfS (“a researcher”) may require the governing body of the provider concerned—
to provide the researcher or an authorised person with such information as the researcher may reasonably require for that purpose, and
to make available for inspection, to the researcher or an authorised person, their accounts and such other documents as the researcher may reasonably require for that purpose.
“Authorised person” means a person authorised by the researcher.
For the purposes of the law of defamation, publication by the OfS of any notice, decision or report given or made in the performance of its functions is privileged unless the publication is shown to have been made with malice. This is subject to section 67B.
See section 67A(6) for the meaning of references to decisions.
The OfS may, in accordance with regulations made by the Secretary of State, charge an institution either or both of the following—
a fee for its initial registration in the register;
a fee for its ongoing registration in the register for each period of twelve months.
The regulations may, in particular, make provision—
about the amounts which may be charged, including different amounts for different institutions;
about the charging of proportions of those amounts in certain circumstances;
about when a fee is payable, including about payment by instalments;
about the consequences of non-payment;
about notification of institutions of the fees payable, when they are payable and the consequences of non-payment;
about the recovery of fees and of costs in recovering those fees;
about the imposition of financial penalties for late payment of fees;
about rights of appeal in respect of the imposition of such penalties;
about the charging of interest;
about the waiving or refunding of fees.
The regulations may provide for the amounts of fees to be calculated by reference to costs incurred, or to be incurred, by the OfS in the performance of any of its functions (including costs unconnected with maintaining the register or with the institution in question).
Regulations under this section may be made only with the consent of the Treasury.
The OfS may, in accordance with regulations made by the Secretary of State, charge a fee for—
any activity undertaken by the OfS in the performance of its functions which is specified in the regulations;
any service provided by it in the performance of its functions which is specified in the regulations.
The regulations may, in particular, make provision—
about the persons required to pay the fees (“payees”);
about the amounts which may be charged, including different amounts for different payees;
about the charging of proportions of those amounts in certain circumstances;
about when a fee is payable, including about payment by instalments;
about the consequences of non-payment;
about notification of payees of the fees payable, when they are payable and the consequences of non-payment;
about the recovery of fees and of costs in recovering those fees;
about the imposition of financial penalties for late payment of fees;
about rights of appeal in respect of the imposition of such penalties;
about the charging of interest;
about the waiving or refunding of fees.
The regulations may provide for the amounts of fees to be calculated by reference to costs incurred by the OfS in the performance of the activity or service in question in relation to a person other than the payee.
If costs incurred by the OfS are costs by reference to which fees under section 70 are calculated as a result of regulations made under that section, fees calculated by reference to those costs may not be charged under this section.
Regulations under this section may be made only with the consent of the Treasury.
The OfS must pay its fee income to the Secretary of State except to the extent that the Secretary of State, with the consent of the Treasury, directs otherwise.
“Fee income” means the sums received by the OfS by way of—
fees charged under section 70 (registration fees) or 71 (other fees), or
costs recovered by virtue of regulations made under section 70(2)(f) or 71(2)(g).
The OfS must pay its other fee related income to the Secretary of State.
“Other fee related income” means the sums received by the OfS by way of—
penalties imposed by virtue of regulations made under section 70(2)(g) or 71(2)(h), or
interest charged by virtue of regulations made under section 70(2)(i) or 71(2)(j).
The OfS may, by notice, require the governing body of a provider in relation to which a sanction has been imposed to pay the costs incurred by the OfS in relation to imposing the sanction up to the date of notification.
The references in subsection (1) to imposing a sanction are to—
imposing a monetary penalty under section 15;
suspending a provider's registration under section 16;
removing a provider from the register under section 18.
“Costs” includes, in particular, investigation costs, administration costs and costs of obtaining expert advice (including legal advice).
“The date of notification” means the date on which the OfS notified the provider of its decision—
in the case of a monetary penalty, under paragraph 2(5) of Schedule 3;
in the case of suspension, under section 17(5);
in the case of removal, under section 19(5).
Schedule 7 contains provision about—
the procedure for imposing a requirement to pay costs,
rights of appeal,
the recovery of the amount required to be paid and interest, and
the retention of sums received.
The Secretary of State may make grants to the OfS of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate.
The terms and conditions under subsection (1) may, in particular, be framed by reference to particular courses of study.
But in determining the terms and conditions under subsection (1), the Secretary of State must have regard to the need to protect the institutional autonomy of English higher education providers and the academic freedom of academic staff at such providers.
The terms and conditions under subsection (1) must not relate to—
particular parts of courses of study,
the content of such courses,
the manner in which they are taught, supervised or assessed,
the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or
the criteria for the admission of students, or how they are applied.
Terms and conditions under subsection (1) framed by reference to a particular course of study must not require the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study.
Terms and conditions under subsection (1) relating to the provision of financial support by the OfS under section 39 or 40 (financial support for providers) may be imposed only if—
they are requirements to be met before financial support of a specified amount or of a specified description is given by the OfS in respect of activities carried on by an institution, and
they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.
The terms and conditions under subsection (1) may, in particular—
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by the Secretary of State if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
In this section “specified” means specified in the terms and conditions.
The OfS must, from time to time, prepare and publish a regulatory framework.
The OfS must have regard to it when exercising its functions.
The regulatory framework is to consist of—
a statement of how it intends to perform its functions, ...
guidance for registered higher education providers on the general ongoing registration conditions, and
guidance for students’ unions to which sections A5 and A6 apply on their duties under those sections.
The statement under subsection (3)(a) must set out how the OfS intends to perform its functions in relation to a registered higher education provider in proportion to the OfS's assessment of the regulatory risk posed by the provider.
“Regulatory risk” means the risk of a breach of the provider's ongoing registration conditions.
Guidance under subsection (3)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general ongoing registration conditions.
The guidance under subsection (3)(b) may in particular specify—
descriptions of behaviour which the OfS considers compliant with, or not compliant with, a general ongoing registration condition;
factors which the OfS will take into account in determining whether or not behaviour is compliant with a general ongoing registration condition.
Before publishing a regulatory framework under this section the OfS must consult—
bodies representing the interests of English higher education providers,
bodies representing the interests of students on higher education courses provided by English higher education providers, ...
such other persons as it considers appropriate.
in relation to guidance under subsection (3)(c), such bodies appearing to the OfS to represent the interests of students’ unions as the OfS considers appropriate, and
Guidance under subsection (3)(c) must include guidance for the purpose of helping to determine whether or not students’ unions are complying with their duties under sections A5 and A6.
Where a regulatory framework is published, the OfS must send a copy of it to the Secretary of State who must lay it before Parliament.
The guidance under subsection (3)(c) may in particular specify—
what the OfS considers students’ unions need to do to comply with their duties under sections A5 and A6;
factors which the OfS will take into account in determining, for the purposes of section 69B, whether or not a students’ union is complying with its duties under those sections.
The Secretary of State may by regulations confer on the OfS such supplementary functions relating to higher education as the Secretary of State considers appropriate.
A “supplementary function” is a function which—
is exercisable for the purposes of—
the performance by the Secretary of State of the Secretary of State's functions under primary or secondary legislation, or
the doing by the Secretary of State of anything the Secretary of State has power to do apart from such legislation, and
relates to, or to the activities of, an institution in England which provides, or may provide, higher education.
Subsection (4) applies where—
any land or other property is or was used or held for the purposes of an institution, and
the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event.
If the institution is an English higher education provider—
the Secretary of State may direct that all or any of the Secretary of State's functions in respect of the property are to be exercisable on the Secretary of State's behalf by the OfS, and
the functions are to be so exercised in accordance with such directions as the Secretary of State may give.
This section does not affect any other powers to confer functions on, or delegate functions to, the OfS.
The OfS must promote the importance of— in the provision of higher education by registered higher education providers and their constituent institutions.
freedom of speech within the law, and
academic freedom for academic staff of registered higher education providers and their constituent institutions,
The OfS may—
identify good practice relating to how to support freedom of speech and academic freedom, and
give advice about such practice to registered higher education providers and their constituent institutions.
The Secretary of State may, by direction, require the OfS to report to the Secretary of State— on such matters relating to freedom of speech and academic freedom as may be specified in the direction.
in its annual report under paragraph 13 of Schedule 1, or
in a special report,
Where the Secretary of State is provided with a special report, the Secretary of State must lay it before Parliament.
See paragraph 13 of Schedule 1 for the laying of the OfS’s annual reports.
The OfS must monitor whether students’ unions to which sections A5 and A6 apply are complying with their duties under those sections.
The OfS may impose a monetary penalty on a students’ union if it appears to the OfS that it is failing or has failed to comply with any of its duties under those sections.
A “monetary penalty” is a requirement to pay the OfS a penalty of an amount determined by the OfS in accordance with regulations made by the Secretary of State.
The Secretary of State may by regulations make provision about matters to which the OfS must, or must not, have regard in exercising its power under subsection (2).
Schedule 3 (monetary penalties: procedure etc) applies in relation to the imposition of a penalty on a students’ union under subsection (2), but as if—
references to a registered higher education provider or the governing body of such a provider were references to the students’ union, and
references to section 15 were references to subsection (2).
The OfS must maintain a list of the students’ unions to which, according to the information held by the OfS, sections A5 and A6 apply.
The OfS must make the list maintained under subsection (6) publicly available by such means as it considers appropriate.
A students’ union to which sections A5 and A6 apply must provide the OfS, or a person nominated by the OfS, with such information for the purposes of the performance of the OfS’s functions under this section as the OfS may require it to provide.
If a students’ union fails to comply with a requirement under subsection (8) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the requirement in civil proceedings for an injunction.
The OfS must monitor the overseas funding of registered higher education providers and their constituent institutions with a view to assessing the extent to which the funding presents a risk to the matters in subsection (2).
The matters are— in the provision of higher education by registered higher education providers and their constituent institutions.
freedom of speech within the law, and
the academic freedom of academic staff of registered higher education providers and their constituent institutions,
The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a registered higher education provider or any constituent institution of a registered higher education provider is in breach of its duty under section A1, whether overseas funding was relevant to the breach.
The information which the governing body of a registered higher education provider may be required to provide under the condition under section 8(1)(b), in relation to the function of the OfS under subsection (1), is—
information as to relevant funding from a relevant overseas person, where the funding from that person exceeds the threshold in any period of 12 months specified by the OfS, and
if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require.
In this section “relevant funding” from a relevant overseas person, in relation to a registered higher education provider, means amounts which are received by the provider or a connected person—
by way of endowment, gift or donation from the relevant overseas person,
by way of research grant from the relevant overseas person,
pursuant to a research contract with the relevant overseas person, or
pursuant to an educational or commercial partnership with the relevant overseas person.
In subsection (5) “connected person”, in relation to a registered higher education provider, means—
the governing body of the provider,
a constituent institution of the provider, or
a member or member of staff of the provider or of a constituent institution, in their capacity as such.
For the purposes of subsection (5), treat receipt of anything that is not money as receipt of an amount equal to the value of the thing to the recipient at the time of receipt.
In this section “relevant overseas person” means—
the government of an overseas country, other than a prescribed country,
a body which is incorporated or registered in, or has its headquarters in, an overseas country other than a prescribed country, or
an individual who is a politically exposed person in relation to an overseas country other than a prescribed country.
In this section—
For the purposes of subsection (4)(a), “the threshold” means an amount specified in regulations made by the Secretary of State.
Regulations under subsection (10) may include provision—
as to how the amount specified is to be calculated;
to treat amounts received from a person other than a relevant overseas person as received from the relevant overseas person.
The OfS must monitor the overseas funding of students’ unions at registered higher education providers that are eligible for financial support with a view to assessing the extent to which the funding presents a risk to the matter in subsection (2).
The matter is freedom of speech within the law for—
members of the students’ unions,
students of the providers,
staff of the students’ unions,
staff and members of the providers and of their constituent institutions, and
visiting speakers.
The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a students’ union is in breach of its duty under section A5, whether overseas funding was relevant to the breach.
For the purpose of the function of the OfS under subsection (1), a students’ union referred to in that subsection must provide to the OfS at such times, and in respect of such periods, as the OfS may reasonably request—
information as to any amounts received from a relevant overseas person, where the amounts exceed the threshold in any period of 12 months specified by the OfS, and
if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require.
If a students’ union fails to comply with its duty under subsection (4), the OfS may enforce the duty in civil proceedings for an injunction.
The following provisions of section 69D apply for the purposes of this section—
subsection (7) (things other than money);
subsections (8) and (9) (meaning of “relevant overseas person”);
subsections (10) and (11) (meaning of “threshold”).
The Secretary of State may by regulations give the OfS general directions about the performance of any of its functions.
In giving such directions, the Secretary of State must have regard to the need to protect the institutional autonomy of English higher education providers and the academic freedom of academic staff at such providers.
The directions may, in particular, be framed by reference to particular courses of study but, whether or not the directions are framed in that way, they must not relate to—
particular parts of courses of study,
the content of such courses,
the manner in which they are taught, supervised or assessed,
the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or
the criteria for the admission of students, or how they are applied.
Directions under subsection (1) framed by reference to a particular course of study must not direct the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study.
The Secretary of State may also by regulations give the OfS financial support directions in relation to a particular registered higher education provider.
Financial support directions may be given only if—
it appears to the Secretary of State that the financial affairs of the provider have been or are being mismanaged, and
the OfS and the provider are consulted by the Secretary of State before the directions are given.
“Financial support directions” are such directions about the provision of financial support under section 39 or 40 in respect of activities carried on by the provider as the Secretary of State considers necessary or expedient because of the mismanagement.
The OfS must comply with any directions given under this section.
The OfS must provide the Secretary of State with—
such information regarding any of its functions, or obtained in the performance of any of its functions, as the Secretary of State may require it to provide, and
such advice regarding any of its functions as the Secretary of State may require it to provide.
The OfS must provide information or advice under subsection (1) in such form as the Secretary of State may require.
The Secretary of State may, by notice, require a body within subsection (2) to provide such application-to-acceptance information as may be described in the notice for use for qualifying research.
A body is within this subsection if it provides services to one or more English higher education providers relating to applications for admission on to higher education courses provided by them.
“Application-to-acceptance information” means information relating to—
applying for admission on to higher education courses provided by English higher education providers (including predicted grades),
offers and rejections regarding which individuals are admitted on to those courses, or
the acceptance of such offers.
“Qualifying research” means—
research into the choices available to individuals who are—
applying for admission on to higher education courses provided by English higher education providers, or
considering whether to accept an offer for admission on such a course from such a provider;
research into equality of opportunity;
research into any other topic approved by the Secretary of State.
The notice under subsection (1) may require the information to be provided—
by a time specified in the notice, and
in a form and manner specified in the notice.
If a body fails to comply with a notice under subsection (1) and does not satisfy the Secretary of State that it is unable to provide the information, the Secretary of State may enforce the duty to comply with the notice in civil proceedings for an injunction or (in Scotland) an interdict.
In this section, “equality of opportunity” means equality of opportunity in connection with access to and participation in higher education provided by English higher education providers.
See section 80 regarding the use of information obtained under this section.
The Secretary of State may—
use information obtained under section 79 for use for qualifying research, and
provide information obtained under section 79 to an approved person for use for qualifying research.
The Secretary of State or an approved person may publish the product of research conducted using information obtained under section 79 so long as—
a purpose of the Secretary of State or the approved person in publishing it is to provide statistical information,
no individual to whom the information obtained under section 79 relates may be identified from the publication, and
the publication does not include information obtained under section 79 that may be regarded as commercially sensitive.
“Approved person” means—
a body approved by the Secretary of State for the purposes of this section that uses or disseminates information for the purpose of research (“an approved body”), or
an individual approved by the Secretary of State or an approved body for the purposes of this section (“an approved researcher”).
An approved body may provide information obtained under section 79 to an approved researcher, but an approved researcher may not provide that information to—
another approved researcher, or
another approved body.
The Secretary of State must publish guidance regarding factors that will be taken into account in deciding whether to approve a body or individual for the purposes of this section.
“Qualifying research” has the same meaning as in section 79.
The Higher Education Funding Council for England ceases to exist.
The office of Director of Fair Access to Higher Education ceases to exist.
In this Part—
The OfS is not to be regarded— The OfS's property is not to be regarded—
This paragraph applies where, in accordance with paragraph 2, the OfS recommends that a body (“the recommended body”) be designated to perform the assessment functions. The Secretary of State may designate the recommended body only if the Secretary of State considers that— If the Secretary of State decides to designate the recommended body, the Secretary of State must— The notice of the designation must state— If the Secretary of State decides not to designate the recommended body, the Secretary of State must publish the reasons for not doing so.
As soon as possible after the end of each annual reporting period, the designated body must prepare and send to the OfS a report about the performance of the assessment functions during the period. “Annual reporting period”, in relation to a designated body, means—
The OfS must inform the Secretary of State if it has significant concerns about—
how the designated body is performing the assessment functions, or
the continued suitability of the designated body to carry out those functions.
“secondary legislation” means an instrument made under primary legislation;
“financial year” has the same meaning as in that Schedule (see paragraph 12(6)).
In this Part—
“English further education provider” means an institution in England within the further education sector, and
references to an institution within the further education sector have the same meaning as in the Further and Higher Education Act 1992 (see section 91(3) of that Act).
In this Part references to a higher education course provided in England are to a higher education course which is provided wholly, or principally, in England.
In this Part references to an institution in a part of the United Kingdom are to an institution whose activities are carried on, or principally carried on, in that part.
Subsection (1) is subject to express provision to the contrary, see—
section 10(9) (mandatory fee limit condition for certain providers),
section 25(4) (rating the quality of, and the standards applied to, higher education),
section 32(5)(b) (content of an access and participation plan: equality of opportunity), and
section 38(5) and (6) (duty to monitor etc the provision of arrangements for student transfers).
The Secretary of State may, on the application of a provider of higher education within subsection (2), designate the provider for the purposes of this section.
A provider of higher education is within this subsection if—
it provides higher education,
its activities are carried on, or principally carried on, in England, and
but for the designation it would not be regarded as an institution for the purposes of this Part.
A provider of higher education designated under this section is, unless the designation is withdrawn, to be treated for the purposes of any provision made by or under this Part as being an institution.
The Secretary of State may, by regulations, make provision about—
the making of applications for designation;
the making of designations under this section (including provision about matters to be taken into account in determining whether to make a designation);
the withdrawal of a designation (including provision about matters to be taken into account in determining whether to withdraw a designation);
the effect of a withdrawal of a designation (including provision for a provider whose designation is withdrawn to continue to be treated as an institution for purposes prescribed in the regulations).
Subsection (3) is subject to any provision made under subsection (4)(d).
In this Part—
In this Part, “fees” in relation to undertaking a course, means fees in respect of, or otherwise in connection with, undertaking the course, including admission, registration, tuition and graduation fees and fees payable for awarding or accrediting a qualification in respect of the course, but excluding—
fees payable for board or lodging,
fees payable for field trips (including any tuition element of such fees),
fees payable for attending any graduation or other ceremony, and
such other fees as may be prescribed by regulations made by the Secretary of State.
References in this Part to modules (except in relation to references to the full course of which the module forms part) are to modules which are—
modules of full courses, but
undertaken otherwise than as part of those courses.
References in this Part to the ongoing registration conditions of a provider have the meaning given by section 3(8).
For the purposes of this Part an appeal is “pending” during the period—
beginning when it is instituted, and
ending when it is determined, withdrawn or abandoned.
When construing references in this Part to a time when an appeal could be brought, any possibility of an appeal out of time is to be ignored.
In this Part, “academic freedom”, in relation to academic staff at an institution, means their freedom within the law— without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).
to question and test received wisdom, and
to put forward new ideas and controversial or unpopular opinions,
Those ways are—
loss of their jobs or privileges at the institution;
the likelihood of their securing promotion or different jobs at the institution being reduced.
The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).
That objective is securing freedom of speech within the law for—
staff of the provider,
members of the provider,
students of the provider, and
visiting speakers.
The objective in subsection (2) includes securing that—
the use of any premises of the provider is not denied to any individual or body on grounds specified in subsection (4), and
the terms on which such premises are provided are not to any extent based on such grounds.
The grounds referred to in subsection (3)(a) and (b) are—
in relation to an individual, their ideas or opinions;
in relation to a body, its policy or objectives or the ideas or opinions of any of its members.
The objective in subsection (2), so far as relating to academic staff, includes securing their academic freedom.
In this Part, “academic freedom”, in relation to academic staff at a registered higher education provider, means their freedom within the law— without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).
to question and test received wisdom, and
to put forward new ideas and controversial or unpopular opinions,
Those ways are—
loss of their jobs or privileges at the provider;
the likelihood of their securing promotion or different jobs at the provider being reduced.
The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (9).
That objective is securing that, where a person applies to become a member of academic staff of the provider, the person is not adversely affected in relation to the application because they have exercised their freedom within the law to do the things referred to in subsection (6)(a) and (b).
In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that, apart from in exceptional circumstances, use of its premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.
In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that the provider does not enter into a non-disclosure agreement with a person referred to in that subsection in relation to a relevant complaint made to the provider by the person (and if such a non-disclosure agreement is entered into it is void).
In subsection (11)—
In this Part—
The governing body of a registered higher education provider must, with a view to facilitating the discharge of the duties in section A1(1) and (10), maintain a code of practice setting out the matters referred to in subsection (2).
Those matters are—
the provider’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech,
the procedures to be followed by staff and students of the provider and any students’ union for students at the provider in connection with the organisation of—
meetings which are to be held on the provider’s premises and which fall within any class of meeting specified in the code, and
other activities which are to take place on those premises and which fall within any class of activity so specified,
the conduct required of such persons in connection with any such meeting or activity, and
the criteria to be used by the provider in making decisions about whether to allow the use of premises and on what terms (which must include its criteria for determining whether there are exceptional circumstances for the purposes of section A1(10)).
The code of practice may deal with such other matters as the governing body considers appropriate.
The governing body of a registered higher education provider must take the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its code of practice.
The governing body of a registered higher education provider must, at least once a year, bring— to the attention of all of its students.
the provisions of section A1, and
its code of practice under this section,
The governing body of a registered higher education provider must promote the importance of— in the provision of higher education.
freedom of speech within the law, and
academic freedom for academic staff of registered higher education providers and their constituent institutions,
Sections A1 to A3 apply in relation to the governing body of a constituent institution of a registered higher education provider as they apply in relation to the governing body of the provider.
Accordingly, in the application of those sections by virtue of subsection (1), references to “the provider” are to be read as references to the constituent institution.
The duties of the governing body of a constituent institution of a registered higher education provider under sections A1 to A3 do not affect the application of any initial or ongoing registration conditions imposed on the provider under Part 1 of this Act.
In this Part—
A students’ union for students at a registered higher education provider that is eligible for financial support must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).
That objective is securing freedom of speech within the law for—
members of the students’ union,
students of the provider,
staff of the students’ union,
staff and members of the provider and of its constituent institutions, and
visiting speakers.
The objective in subsection (2) includes securing that—
the use of any premises occupied by the students’ union is not denied to any individual or body on grounds specified in subsection (4),
the terms on which such premises are provided are not to any extent based on such grounds, and
affiliation to the students’ union is not denied to any student society on grounds specified in subsection (4)(b).
The grounds referred to in subsection (3) are—
in relation to an individual, their ideas or opinions;
in relation to a society or other body, its policy or objectives or the ideas or opinions of any of its members.
In order to achieve the objective in subsection (2), a students’ union for students at a registered higher education provider that is eligible for financial support must secure that, apart from in exceptional circumstances, use by any individual or body of premises occupied by the students’ union is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.
In this Part—
In this Part, references to a students’ union for students at a registered higher education provider that is eligible for financial support do not include a students’ union for students at a constituent institution of such a provider.
A students’ union to which section A5 applies must, with a view to facilitating the discharge of its duties under that section, maintain a code of practice setting out the matters referred to in subsection (2).
Those matters are—
the students’ union’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech,
the procedures to be followed by its staff and its members who are students of the registered higher education provider referred to in section A5(1) in connection with the organisation of—
meetings which are to be held on the premises occupied by the students’ union and which fall within any class of meeting specified in the code, and
other activities which are to take place on those premises and which fall within any class of activity so specified,
the conduct required of such persons in connection with any such meeting or activity, and
the criteria to be used by the students’ union in making decisions about—
the union’s support and funding for events and activities to which the duties in section A5 are relevant, and
whether to allow the use of premises and on what terms (which must include its criteria for determining whether there are exceptional circumstances for the purposes of section A5(5)).
The code of practice may deal with such other matters as the students’ union considers appropriate.
A students’ union to which section A5 applies must take the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its code of practice.
A students’ union to which section A5 applies must, at least once a year, bring— to the attention of all of its members who are students of the provider.
the provisions of section A5, and
its code of practice under this section,
Section 22 of the Teaching and Higher Education Act 1998 (power to give financial support to students) is amended in accordance with subsections (2) to (7).
In subsection (1), for “or loans” substitute “ , loans or alternative payments ”.
In subsection (2)—
in paragraphs (a), (b) and (c), for “or loan” substitute “ , loan or alternative payment ”,
in paragraph (g)—
after “repayment” insert “ , the making of contributions ”, and
after “loans”, in each place, insert “ or alternative payments ”,
in paragraph (i), after “loans” insert “ or as part of alternative payments ”, and
in paragraph (j), for “or loans”, in each place, substitute “ , loans or alternative payments ”.
After subsection (4) insert—
In subsection (5)—
in the opening words, after “loans” insert “ or from AP recipients in respect of alternative payments ”,
in paragraphs (a)(i) and (c), after “borrowers” insert “ or AP recipients ”,
in paragraph (d)(ii), at the end insert “ or, in the case of requirements imposed on AP recipients, additional contributions in respect of such periods of the same amounts as the payments which would be required by virtue of this paragraph if the AP recipient were a borrower ”,
after paragraph (e) insert—,
in paragraph (f)—
after “borrowers” insert “ or AP recipients ”, and
at the end insert “ or contributions ”, and
in paragraph (h), after “borrowers” insert “ or AP recipients ”.
In subsection (10), after “Interest” insert “ or contributions ”.
After subsection (10), insert—
In section 46 of the Teaching and Higher Education Act 1998 (extent etc)—
in subsection (7), in the entry relating to section 22, after “(3)(e)” insert “ , (4B)(e) ”, and
in subsection (8), in the entry relating to section 22, after “or (h)” insert “ , (4B)(e), (f), (g) or (h) ”.
The functions of making any provision authorised by the new subsection (4B)(e) to (h) of section 22 of the Teaching and Higher Education Act 1998 (as inserted by subsection (4)) are exercisable in relation to Wales by the Secretary of State (rather than by the Welsh Ministers).
In section 73E of the Education (Scotland) Act 1980 (supply of information in connection with student loans)—
in subsections (2) and (3)(b), after “loans” insert “ and alternative payments ”, and
in subsection (6)(c)—
in the opening words, after “loans” insert “ and alternative payments ”, and
in sub-paragraph (ii), after “loans” insert “ or alternative payments ”.
In section 23(7)(a)(i) of the Teaching and Higher Education Act 1998 (functions in respect of which payments are to be made), for “or loans” substitute “ , loans or alternative payments ”.
In section 24 of that Act (supply of information in connection with student support)—
in subsections (2) and (3)(b)(i), after “loans” insert “ and alternative payments ”,
in subsection (6)(c)—
in the opening words, after “loans” insert “ and alternative payments ”, and
in sub-paragraph (i), after “loans” insert “ or alternative payments ”, and
in subsection (10), for “or loans” substitute “ loans, or alternative payments ”.
In paragraph 15 of Part 2 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (restrictions on functions of Commissioners for Revenue and Customs), for “the student loan scheme” substitute “ student support ”.
In Article 5 of the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14) (supply of information in connection with student loans))—
in paragraphs (2) and (3)(b), after “loans” insert “ and alternative payments ”, and
in paragraph (6)(c)—
in the opening words, after “loans” insert “ and alternative payments ”, and
in head (ii), after “loans” insert “ or alternative payments ”.
Section 22 of the Teaching and Higher Education Act 1998 (power to give financial support for students) is amended as follows.
In subsection (2), after paragraph (a) insert—.
In subsection (2), after paragraph (f) insert—.
After subsection (2), insert—
In subsection (3), after paragraph (d) insert—.
Part 2 of the Higher Education Act 2004 (review of student complaints) is amended in accordance with subsections (2) to (5).
In section 11 (qualifying institutions for purposes of student complaints scheme)—
in the words before paragraph (a), omit “in England or Wales”,
in the opening words of paragraph (a)—
after “university” insert “ in England or Wales ”, and
after “the 1992 Act” insert “ or section 39 or 93 of the Higher Education and Research Act 2017 (“the 2017 Act”) ”,
in paragraph (a)(iii), after “the 1992 Act” insert “ or section 42 or 45 of the 2017 Act ”,
in paragraph (b), after “institution” insert “ in England or Wales ”,
in paragraph (c), after “institution” insert “ in England or Wales ”,
in paragraph (d), at beginning insert “ an institution in Wales which is ”,
after paragraph (d), insert—,
in paragraph (e)—
after “institution” insert “ in England or Wales ”, and
for “another paragraph” substitute “ any of the preceding paragraphs ”,
after paragraph (e), insert—, and
in paragraph (f)—
after “institution” insert “ in England or Wales ”, and
after “the 1992 Act” insert “ or section 42 or 45 of the 2017 Act ”.
In section 12(3) (qualifying complaints), for “paragraph (e)” substitute “ paragraph (da), (e), (ea) ”.
After section 20 insert—
In section 21 (interpretation of Part 2)—
number the existing text as subsection (1),
in that subsection, omit the definition of “governing body”,
“institution” includes a training provider in England who would not otherwise be regarded as an institution;
“training provider” means a person who provides training for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act).
after that subsection, insert—
In section 118(8) of the Equality Act 2010 (time limits), in the definition of “qualifying institution”, at the end insert “ , and includes an institution which is treated as continuing to be a qualifying institution for the purposes of Part 2 of that Act (see section 20A(2) of that Act) ”.
In section 32(1) of the Counter-Terrorism and Security Act 2015 (monitoring of performance: further and higher education bodies), in paragraph (a) of the definition of “relevant higher education body”, after “2004” insert “ , disregarding paragraphs (da) and (ea) of that section and the definition of “institution” in section 21(1) of that Act ”.
Schedule 8 contains provision about higher education corporations in England.
A body corporate called United Kingdom Research and Innovation or, in Welsh, Ymchwil ac Arloesedd y Deyrnas Unedig, is established.
In this Act that body is referred to as “UKRI”.
Section 92 and Schedule 9 contain further provision about UKRI.
UKRI is to have the following committees (referred to in this Part as the “Councils”)—
the Arts and Humanities Research Council,
the Biotechnology and Biological Sciences Research Council,
the Economic and Social Research Council,
the Engineering and Physical Sciences Research Council,
the Medical Research Council,
the Natural Environment Research Council,
the Science and Technology Facilities Council,
Innovate UK, and
Research England.
The Secretary of State may by regulations amend subsection (1) so as to—
add or omit a Council, or
change the name of a Council.
But the regulations may not omit, or change the name of, Innovate UK or Research England.
Before making regulations under subsection (2), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons.
In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.
UKRI may—
carry out research into science, technology, humanities and new ideas,
facilitate, encourage and support research into science, technology, humanities and new ideas,
facilitate, encourage and support the development and exploitation of science, technology, new ideas and advancements in humanities,
facilitate, encourage and support knowledge exchange in relation to science, technology, humanities and new ideas,
collect, disseminate and advance knowledge in and in connection with science, technology, humanities and new ideas,
promote awareness and understanding of science, technology, humanities and new ideas,
provide advice on any matter relating to any of its functions, and
promote awareness and understanding of its activities.
The activities which UKRI may carry out in, or in connection with, exercising a function conferred by subsection (1) are not restricted to the United Kingdom.
The functions conferred by subsection (1)(a) to (f) include, in particular, power to encourage and support the provision of postgraduate training in science, technology, humanities and new ideas.
For the purposes of this Part, “knowledge exchange”, in relation to science, technology, humanities or new ideas, means a process or other activity by which knowledge is exchanged where—
the knowledge is in, or in connection with, science, technology, humanities or new ideas (as the case may be), and
the exchange contributes, or is likely to contribute, (whether directly or indirectly) to an economic or social benefit in the United Kingdom or elsewhere.
Section 94 makes further provision about the giving of financial support under this section.
Sections 95 to 98 provide for UKRI to make arrangements for the exercise of functions by the Councils on UKRI's behalf.
The power of UKRI under section 93 to give financial support includes, in particular, power to make grants, loans or other payments.
Financial support may be given by UKRI under that section on such terms and conditions as UKRI considers appropriate.
The terms and conditions may, in particular—
enable UKRI to require the repayment, in whole or in part, of sums paid by UKRI if any of the terms and conditions subject to which the sums were paid is not complied with,
require the payment of interest in respect of any period during which a sum due to UKRI in accordance with any of the terms and conditions remains unpaid, and
require a person to whom financial support is given to provide UKRI with any information it requests for the purpose of the exercise of any of its functions.
In exercising the power under section 93 to give financial support to any person, UKRI must have regard to the desirability of not discouraging the person from maintaining or developing funding from other sources.
UKRI must arrange for the Council listed in the first column of the following table to exercise such functions of UKRI in respect of the field of activity listed in the corresponding entry in the second column of the table as UKRI may determine. Council Field of activity Arts and Humanities Research Council Arts and humanities Biotechnology and Biological Sciences Research Council Biotechnology and biological sciences Economic and Social Research Council Social sciences Engineering and Physical Sciences Research Council Engineering and physical sciences Medical Research Council Medicine and biomedicine aimed at improving human health Natural Environment Research Council Environmental and related sciences Science and Technology Facilities Council Astronomy, particle physics, space science, nuclear physics and provision and operation of research facilities in relation to any area of activity specified in this column
Arrangements under this section may, in particular, provide for the exercise by the Council concerned of UKRI's functions under paragraph 8(1) and (2) of Schedule 9 in relation to relevant specialist employees.
A “relevant specialist employee”, in relation to a Council, means—
a researcher or scientist employed by UKRI to work in the Council's field of activity (see the table in subsection (1)), or
a person who has knowledge, experience or specialist skills which is or are relevant to the Council's field of activity and is employed by UKRI to work in that field of activity.
Arrangements under this section must require the Council concerned, when exercising any function to which the arrangements relate, to have regard to the desirability of—
contributing (whether directly or indirectly) to economic growth, or an economic benefit, in the United Kingdom,
advancing knowledge (whether in the United Kingdom or elsewhere and whether directly or indirectly) in, or in connection with, science, technology, humanities or new ideas, and
improving quality of life (whether in the United Kingdom or elsewhere).
The Secretary of State may by regulations—
amend the first column of the table in subsection (1) in consequence of provision made by regulations under section 92;
amend the second column of that table.
Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons.
In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.
UKRI must arrange for Innovate UK to exercise such functions of UKRI as UKRI may determine for the purpose of increasing economic growth in the United Kingdom.
But arrangements may not be made under this section for the exercise by Innovate UK of UKRI's function mentioned in section 93(1)(a).
Arrangements under this section must require Innovate UK, when exercising any function to which the arrangements relate, to have regard to—
the need to support (directly or indirectly) persons engaged in business activities in the United Kingdom,
the need to promote innovation by persons carrying on business in the United Kingdom, and
the desirability of improving quality of life in the United Kingdom.
UKRI must arrange for Research England to exercise such functions of UKRI as UKRI may determine for the purpose of giving financial support within subsection (2) or (3).
Financial support is within this subsection if it is given to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider for the purposes of either or both of the following—
the undertaking of research into, or knowledge exchange in relation to, science, technology, humanities or new ideas by the provider;
the provision of facilities, or the carrying out of other activities, by the provider which its governing body considers it is necessary or desirable to provide or carry out for the purposes of, or in connection with, research into, or knowledge exchange in relation to, science, technology, humanities or new ideas.
Financial support is within this subsection if it is given to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision by any person of services for the purposes of, or in connection with—
the undertaking of research into science, technology, humanities or new ideas by eligible higher education providers receiving financial support which is within subsection (2), or
the undertaking of knowledge exchange in relation to science, technology, humanities or new ideas by eligible education providers receiving such financial support.
Arrangements under this section must require Research England, when exercising a function for the purpose of giving financial support, to consult such persons as Research England considers appropriate before determining any terms and conditions to be imposed in relation to the financial support.
“Eligible higher education provider” has the same meaning as in section 39.
UKRI may arrange for any Council to exercise such other functions of UKRI as UKRI may determine in addition to those exercisable by the Council pursuant to arrangements under section 95, 96 or 97 (as the case may be).
Arrangements under subsection (1) may result in a function of UKRI being exercisable by more than one Council.
A function of UKRI which is exercisable by a Council on UKRI's behalf pursuant to arrangements under sections 95 to 97 or subsection (1) may also be exercised by UKRI.
Arrangements under sections 95 to 97 or subsection (1) must require the Council concerned to provide UKRI with such advice or information about the exercise of any function to which the arrangements relate as UKRI may require it to provide.
UKRI must—
if requested to do so by the Secretary of State, prepare a strategy for the exercise of its functions during the period specified in the request, and
submit the strategy to the Secretary of State for approval.
A strategy under subsection (1) is referred to in this Part as a “research and innovation strategy”.
A research and innovation strategy must specify—
the period before the end of which each Council must submit a strategic delivery plan to UKRI under section 100, and
the period to which such a plan must relate.
The Secretary of State may approve a research and innovation strategy with or without modifications.
UKRI must publish a research and innovation strategy approved under this section in such manner as the Secretary of State may require it to be published.
This section applies where UKRI publishes a research and innovation strategy under section 99.
UKRI must arrange for each Council to—
prepare a strategic delivery plan for the period specified in the strategy by virtue of section 99(3)(b), and
submit it to UKRI for approval.
The strategic delivery plan must be submitted before the end of the period specified in the strategy by virtue of section 99(3)(a).
A strategic delivery plan is a plan setting out the Council's proposals for the exercise by the Council, during the period to which the plan relates, of functions of UKRI pursuant to arrangements under sections 95 to 98.
UKRI may approve a strategic delivery plan with or without modifications.
UKRI must publish a strategic delivery plan approved under this section in such manner as the Secretary of State may require it to be published.
Arrangements under sections 95 to 98 must require the Council concerned, when exercising any function to which the arrangements relate, to do so in accordance with any relevant strategic delivery plan.
A strategic delivery plan is a “relevant strategic delivery plan” for the purposes of subsection (7) if—
it was prepared by the Council concerned and has been approved under this section, and
it relates to the period during which the function concerned is being exercised.
The Secretary of State may make grants to UKRI of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate.
Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, terms and conditions under subsection (1) in respect of those functions may be imposed only if—
they are requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and
they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.
Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, any terms and conditions under subsection (1) in respect of those functions may not be framed by reference to—
particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or
the criteria for the selection and appointment of academic staff and for the admission of students.
Terms and conditions under subsection (1) may, in particular—
provide for the allocation of the whole or a part of the grant to a particular Council and for subsequent changes in that allocation,
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by the Secretary of State if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
Where the Secretary of State makes a grant to UKRI under subsection (1), the Secretary of State must publish—
the amount of the grant, and
if the terms and conditions of the grant allocate the whole or a part of that amount to a particular Council—
the name of the Council, and
the amount of the grant which is so allocated to it.
In this section “specified” means specified in the terms and conditions.
The Secretary of State may give UKRI directions about the allocation or expenditure by UKRI of grants received under section 101.
The Secretary of State may give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97, only if—
it relates to requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and
it relates to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.
The Secretary of State may not give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97 which is framed by reference to—
particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or
the criteria for the selection and appointment of academic staff and for the admission of students.
UKRI must comply with any directions given under this section.
In this section “specified” means specified in the direction.
The Secretary of State must have regard to the matters mentioned in subsection (2) when—
deciding to make a grant under section 101,
determining any terms and conditions of a grant under that section, or
giving a direction under section 102.
The matters are—
the Haldane principle, where the grant or direction mentioned in subsection (1) is in respect of functions exercisable by one or more of the Councils mentioned in section 95(1) pursuant to arrangements under that section,
the balanced funding principle, in any case, and
any advice provided to the Secretary of State by UKRI about the allocation of funding in relation to its functions.
The “Haldane principle” is the principle that decisions on individual research proposals are best taken following an evaluation of the quality and likely impact of the proposals (such as a peer review process).
The “balanced funding principle” is the principle that it is necessary to ensure that a reasonable balance is achieved in the allocation of funding as between—
functions exercisable by the Councils mentioned in section 95(1) pursuant to arrangements under that section, and
functions exercisable by Research England pursuant to arrangements under section 97.
In exercising its functions, UKRI must have regard to the need to use its resources in the most efficient, effective and economic way.
In exercising its functions, including its duty under subsection (1), UKRI must have regard to guidance given to it by the Secretary of State.
UKRI must provide the Secretary of State with—
such information regarding any of its functions, or obtained in the exercise of any of its functions, as the Secretary of State may require it to provide, and
such advice regarding any of its functions as the Secretary of State may require it to provide.
UKRI must provide information or advice under subsection (1) in such form as the Secretary of State may require it to be provided.
UKRI may arrange for studies falling within subsection (2) to be promoted or carried out by a person.
Studies fall within this subsection if they are designed to improve economy, efficiency and effectiveness in carrying out activities in respect of which UKRI gives financial support.
A person promoting or carrying out such studies at the request of UKRI (“a researcher”) may require the person carrying out the activities—
to provide the researcher or an authorised person with such information as the researcher may reasonably require for that purpose, and
to make available for inspection, to the researcher or an authorised person, their accounts and such other documents as the researcher may reasonably require for that purpose.
“Authorised person” means a person authorised by the researcher.
UKRI may, in connection with any of its functions, provide research services to a person (whether or not in the United Kingdom).
The following are “research services”—
undertaking research into science, technology, humanities or new ideas;
making facilities available for the undertaking of such research by another person;
the carrying out of any other activity for the purposes of, or in connection with, the undertaking of such research.
Research services provided by virtue of this section may be provided subject to such terms and conditions as UKRI considers appropriate.
UKRI may charge for research services provided by virtue of this section.
UKRI must, if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field of activity connected to its functions.
The following bodies corporate (each a “research council”) cease to exist—
the Arts and Humanities Research Council,
the Biotechnology and Biological Sciences Research Council,
the Economic and Social Research Council,
the Engineering and Physical Sciences Research Council,
the Medical Research Council,
the Natural Environment Research Council,
the Science and Technology Facilities Council, and
the Technology Strategy Board.
The Royal Charters establishing the research councils, and any supplemental Royal Charter granted to a council, are revoked.
A property transfer scheme made by the Secretary of State under Schedule 10 in connection with a research council must, in particular, make provision for the transfer of the symbolic property of the council to UKRI.
The symbolic property of a research council is—
the name of, and any other name used by, the council,
any goodwill in a name falling within paragraph (a),
any logo or insignia of the council, and
any seal of the council.
In section 5 of the Science and Technology Act 1965 (further powers of Secretary of State), after subsection (1) insert—
In section 10 of the Higher Education Act 2004 (research in arts and humanities), after subsection (4) insert—
In this Part—
UKRI may delegate any of its functions to— A function is delegated under this paragraph to the extent, and on the terms that, UKRI determines.
The application of UKRI’s seal must be authenticated by the signature of— A document purporting to be duly executed under UKRI’s seal or signed on its behalf— But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.
United Kingdom Research and Innovation.
United Kingdom Research and Innovation.
The things that may be transferred under a property transfer scheme or a staff transfer scheme include— A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular— A property transfer scheme may make provision for the shared ownership or use of property. A staff transfer scheme may make provision which is the same as or similar to the TUPE regulations. A property transfer scheme or a staff transfer scheme may provide—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit—
“The Director of Fair Access to Higher Education.”, and
“Higher Education Funding Council for England.
Section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities etc) is amended as follows. After subsection (4) insert— In subsection (5), after “The establishments” insert “in Wales”. In subsection (6), in the definition of “governing body”, for “in relation to any university” substitute —. In subsection (6), after the definition of “governing body” insert—. After subsection (6) insert— In subsection (7)(a), after “subsection” insert “(4A)(b) or”.
an Act of Parliament;
This paragraph applies if an access and participation plan approved by the OfS under section 29 in relation to the provider is in force, or comes into force, when the relevant academic course year begins. If the provider— “A high level quality rating” means such rating or ratings given in accordance with arrangements made under section 25 (rating the quality of, and the standards applied to, higher education) as the Secretary of State determines to be a high level quality rating for the purposes of this paragraph. “The relevant time” means at the time when the access and participation plan is approved. “The higher amount” means such amount as may be prescribed for the purposes of sub-paragraph (2)(a) as the higher amount. “The sub-level amount” means such amount as may be determined by the Secretary of State for the purposes of sub-paragraph (2)(b)— Different amounts may be determined under sub-paragraph (6) for different descriptions of provider. Those descriptions of provider may be by reference only to— Any amount determined as “the sub-level amount”— But any amount determined as “the sub-level amount” for a description of provider by virtue of sub-paragraph (7) must be equal to the higher amount where— “The floor amount” means such amount as may be prescribed for the purposes of this paragraph— Where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a)— “Prescribed” means prescribed by regulations made by the Secretary of State.
The Secretary of State must— No regulations may be made under paragraph 2 increasing the higher amount unless— For the purposes of sub-paragraph (2)(a), the Secretary of State is to have regard to such index of prices as may be specified in, or determined in accordance with, regulations made by the Secretary of State under this sub-paragraph. In sub-paragraph (2)(b), effect “from a date” includes effect in relation to a course year beginning on or after a date.
In this Part, a reference to the United Kingdom includes a reference to any part of the United Kingdom.
The OfS and UKRI may cooperate with one another in exercising any of their functions.
The OfS and UKRI must, if required to do so by the Secretary of State, cooperate with one another in exercising any of their functions.
The OfS may provide information to UKRI if the disclosure is made for the purposes of the exercise of any function of UKRI.
UKRI may provide information to the OfS if the disclosure is made for the purposes of the exercise of any function of the OfS.
Provision of information which is authorised by this section does not breach—
an obligation of confidence owed by the person making the disclosure, or
any other restriction on the provision of information (however imposed).
But nothing in this section authorises the OfS or UKRI to provide information where doing so contravenes the data protection legislation .
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
A relevant authority may exercise any of its functions jointly with another relevant authority if the condition in subsection (2) is met.
The condition is that it appears to the relevant authorities concerned that exercising the function jointly—
will be more efficient, or
will enable them more effectively to exercise any of their functions.
In this section “relevant authority” means—
the OfS,
UKRI, but only in relation to functions exercisable by Research England pursuant to arrangements made under section 97,
the Commission for Tertiary Education and Research,
the Scottish Further and Higher Education Funding Council,
the Secretary of State to the extent that the Secretary of State is exercising functions under section 14 of the Education Act 2002 (power to give financial assistance for purposes related to education or children etc),
the Welsh Ministers to the extent that they are exercising their functions under any of the following provisions of the Tertiary Education and Research (Wales) Act 2022—
section 92 (financial support by Welsh Ministers for certain higher education courses);
section 97 (financial support for further education or training);
section 100 (means tests);
section 103(1) (financial support for other activities connected to tertiary education), or
the Department for the Economy in Northern Ireland, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in relation to funding higher education, or research, in Northern Ireland but only to the extent that the Department is exercising functions in connection with such funding.
For the purposes of subsection (3)(g), “higher education” has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).
The OfS and UKRI may provide such advisory services as the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may require in connection with the discharge of the Department's functions relating to higher education in Northern Ireland.
The services may be provided on such terms as may be agreed.
For the purposes of this section “higher education” has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).
Schedule 10 contains provision about schemes for the transfer of staff and property, rights and liabilities in connection with—
the establishment of the OfS or UKRI by this Act, or
a body or office ceasing to exist by virtue of this Act.
The Secretary of State may by regulations make such provision as appears to the Secretary of State to be appropriate in consequence of any provision made by or under this Act.
The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify—
primary or secondary legislation passed or made before this Act or in the same Session as this Act, or
subject to subsections (3) and (4), a Royal Charter granted before this Act is passed or in the same Session as this Act.
Provision may be made under subsection (1) by virtue of subsection (2)(b) only if such provision appears to the Secretary of State to be appropriate in consequence of provision made by or under any of sections 42 to 60 (degree awarding powers and university title).
Provision made under subsection (1) by virtue of subsection (2)(b) may not revoke a Royal Charter in its entirety.
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
Subsections (2) and (3) apply in relation to a provision of this Act under or by virtue of which the OfS has a function of consulting another person.
At any time before the provision comes into force (and whether before or after the passing of this Act), the Secretary of State, the DFA or HEFCE or any of them acting jointly—
may carry out any consultation that the OfS would have power or a duty to carry out after the provision comes into force, and
for that purpose, may prepare drafts of any documents to which the consultation relates.
At any time after the provision comes into force, the OfS may elect to treat any consultation carried out or other thing done under subsection (2) by the Secretary of State, the DFA or HEFCE (or any of them acting jointly) as carried out or done by the OfS.
Where the OfS has a consultation function involving registered higher education providers, references to registered higher education providers in the provisions describing the consultees are to be read as references to English higher education providers—
for the purposes of applying subsection (2) at any time when there are no registered higher education providers, and
for the purposes of applying subsection (3) in relation to any thing done under subsection (2) in reliance upon paragraph (a) of this subsection.
For the purposes of subsection (4), “a consultation function involving registered higher education providers” is a function of consulting—
registered higher education providers (whether generally or a description of such providers), or
persons with a connection (however described) to such providers.
In subsections (4) and (5), “English higher education provider” and “registered higher education provider” have the same meaning as in Part 1 (see sections 83 and 85).
Subsections (8) and (9) apply in relation to a provision of this Act under or by virtue of which UKRI has a function of consulting another person.
At any time before the provision comes into force (and whether before or after the passing of this Act), the Secretary of State or HEFCE or the Secretary of State and HEFCE acting jointly—
may carry out any consultation that UKRI would have power or a duty to carry out after the provision comes into force, and
for that purpose, may prepare drafts of any documents to which the consultation relates.
At any time after the provision comes into force, UKRI may elect to treat any consultation carried out or other thing done under subsection (8) by the Secretary of State or HEFCE (or the Secretary of State and HEFCE acting jointly) as carried out or done by UKRI.
In this section—
Any power to make regulations under this Act is exercisable by statutory instrument.
A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
regulations under section 9(1) (prescribed description of providers for whom a transparency condition is mandatory);
regulations under section 15(2) or 69B(3) (power to impose monetary penalties);
regulations under section 29(5) (regulations regarding the OfS's approval of access and participation plans);
regulations under section 32(1) (content of such a plan: equality of opportunity);
regulations under section 39(3) (prescribed description of providers eligible for financial support);
regulations under section 92(2) (regulations changing the structure of UKRI's Councils);
regulations under section 95(5) (regulations in connection with changes made to structure of UKRI's Councils or changing the fields of activity of the Councils);
regulations under section 116(1) (power to make consequential provision) which include provision that amends, repeals or revokes a provision of primary legislation or of a Royal Charter;
regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing the higher amount, basic amount or floor amount), except regulations to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).
regulations under paragraph 1(3) of Schedule 2 (choice of method for determining fee limit);
regulations under paragraph 1B, 1C or 1F of Schedule 2 (credit-based method for determining fee limit);
Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
But subsection (3) does not apply to regulations under Schedule 2 to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).
Regulations under this Act may—
make different provision for different purposes, cases or areas,
make provision generally or only in relation to specified cases,
make incidental, consequential, supplementary, transitional, transitory or saving provision, and
include provision framed by reference to matters determined or published by the OfS (whether before or after the regulations are made).
Nothing in this Act is to be regarded as affecting the generality of subsection (5).
This section does not apply to regulations made under section 124 (commencement).
Any power conferred by this Act to give directions includes power, exercisable in the same manner and subject to the same conditions or limitations, to vary or revoke directions previously given.
In this Act—
Schedule 11 contains minor and consequential amendments relating to Part 1.
Schedule 12 contains minor and consequential amendments relating to Part 3.
Subject to the rest of this section, this Act extends to England and Wales only.
The following provisions also extend to Scotland and Northern Ireland—
section 25 (rating the quality of, and the standards applied to, higher education);
sections 79 and 80 (powers to obtain and use application-to-acceptance information);
section 83 (meaning of “English higher education provider” etc);
Part 3 (research);
this Part.
Section 86(9)—
so far as it relates to section 22(4B)(e) of the Teaching and Higher Education Act 1998, also extends to Scotland and Northern Ireland;
so far as it relates to section 22(4B)(f), (g) and (h) of that Act, also extends to Northern Ireland.
Any amendment or repeal made by this Act has the same extent within the United Kingdom as the enactment amended or repealed.
Subsection (4) does not apply to the amendment made by section 86(4) (power to make alternative payments) which—
so far as it inserts subsection (4B)(e) into section 22 of the Teaching and Higher Education Act 1998, extends to England and Wales, Scotland and Northern Ireland,
so far as it inserts subsection (4B)(f), (g) and (h) into that section, extends to England and Wales and Northern Ireland, and
otherwise extends to England and Wales only.
Subsection (4) does not apply to the amendments and repeals made by paragraph 13 of Schedule 12 to section 41 of the Patents Act 1977 which have the same extent as that section.
The following provisions of this Part come into force on the day on which this Act is passed—
sections 115 to 117;
sections 119 to 121;
section 123;
this section;
section 125.
Sections 86, 87 and 88 come into force, so far as relating to a matter specified in an entry in column 1 of the following table, on such day as the person specified in the corresponding entry in column 2 of the table may by regulations made by statutory instrument appoint, after consulting the person (if any) specified in the corresponding entry in column 3 of the table. 1. Matters: 2. Commencement by: 3. After consulting: Powers exercisable by the Welsh Ministers The Welsh Ministers Powers exercisable by the Secretary of State concurrently with the Welsh Ministers The Secretary of State The Welsh Ministers Powers exercisable by the Secretary of State in relation to Wales The Secretary of State The Welsh Ministers Other matters The Secretary of State.
Section 89(2)(h)(ii) and (4) come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by statutory instrument appoint.
Section 110 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Regulations under this section may appoint different days for different purposes or areas.
This Act may be cited as the Higher Education and Research Act 2017.
This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.