Legalize / United Kingdom / Public General Act

Higher Education and Research Act 2017

Type Public General Act

Publication 2017-04-27

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — The Office for Students

Establishment of the Office for Students

The Office for Students

1

(1) A body corporate called the Office for Students is established.

(2) In this Act that body is referred to as “the OfS”.

(3) Schedule 1 contains further provision about the OfS.

General duties

2

(1) In performing its functions, the OfS must have regard to—

(a) the need to protect the institutional autonomy of English higher education providers,

(aa) the need to promote the importance of freedom of speech within the law in the provision of higher education by English higher education providers,

(ab) the need to protect the academic freedom of academic staff at English higher education providers,

(b) the need to promote quality, and greater choice and opportunities for students, in the provision of higher education by English higher education providers,

(c) 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,

(d) the need to promote value for money in the provision of higher education by English higher education providers,

(e) the need to promote equality of opportunity in connection with access to and participation in higher education provided by English higher education providers,

(f) the need to use the OfS's resources in an efficient, effective and economic way, and

(g) so far as relevant, the principles of best regulatory practice, including the principles that regulatory activities should be—

(i) transparent, accountable, proportionate and consistent, and

(ii) targeted only at cases in which action is needed.

(2) 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—

(a) types of provider,

(b) higher education courses, and

(c) means by which they are provided (for example, full-time or part-time study, distance learning or accelerated courses).

(3) 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.

(4) 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.

(5) 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—

(a) particular parts of courses of study,

(b) the content of such courses,

(d) the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or

(e) the criteria for the admission of students, or how they are applied.

(6) 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.

(7) 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.

(8) In this Part, “the institutional autonomy of English higher education providers” means—

(a) the freedom of English higher education providers within the law to conduct their day to day management in an effective and competent way, and

(b) the freedom of English higher education providers—

(i) to determine the content of particular courses and the manner in which they are taught, supervised and assessed,

(ii) to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and

(iii) to determine the criteria for the admission of students and apply those criteria in particular cases, ...

The register of English higher education providers

The register

3

(1) The OfS must establish and maintain a register of English higher education providers (referred to in this Part as “the register”).

(2) The register may be divided by the OfS into different parts representing such different categories of registration as the OfS may determine.

(3) 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—

(a) its governing body applies for it to be registered in the register (or in that part),

(b) it is, or intends to become, an English higher education provider,

(c) it satisfies the initial registration conditions applicable to it in respect of the registration sought (see section 5), and

(d) the application complies with any requirements imposed under subsection (5).

(4) The OfS may not otherwise register an institution in the register.

(5) The OfS may determine—

(a) the form of an application for registration in the register (or in a particular part of the register),

(b) the information to be contained in it or provided with it, and

(6) The Secretary of State may by regulations make provision about the information which must be contained in an institution's entry in the register.

(7) Once registered, an institution's ongoing registration is subject to satisfying—

(a) 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

(b) 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).

(8) References in this Part to the ongoing registration conditions of an institution are to the conditions mentioned in subsection (7)(a) and (b).

(9) 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.

(10) In this Part—

(a) a “registered higher education provider” means an institution which is registered in the register, and

(b) references to “registration” are to be read accordingly.

Registration procedure

4

(1) Before refusing an application to register an institution, the OfS must notify the governing body of the institution of its intention to do so.

(2) The notice must—

(a) specify the OfS's reasons for proposing to refuse to register the institution,

(b) specify the period during which the governing body of the institution may make representations about the proposal (“the specified period”), and

(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(4) 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.

(5) Having decided whether or not to register the institution, the OfS must notify the governing body of the institution of its decision.

(6) Where the decision is to register the institution, the notice must—

(a) specify the date of entry in the register, and

(b) specify the ongoing registration conditions of the institution at that time.

(7) Where the decision is to refuse to register the institution, the notice must contain information as to the grounds for the refusal.

Registration conditions

The initial and general ongoing registration conditions

5

(1) The OfS must determine and publish—

(a) the initial registration conditions, and

(b) the general ongoing registration conditions.

(2) Different conditions may be determined—

(a) for different descriptions of provider;

(b) for registration in different parts of the register.

(3) The OfS may revise the conditions.

(4) If the OfS revises the conditions, it must publish them as revised.

(5) 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.

(6) 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.

(7) Where the decision is made after the institution's registration, the OfS must notify the governing body of the institution of its decision.

The specific ongoing registration conditions

6

(1) 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”).

(2) The OfS may at any time vary or remove a specific ongoing registration condition.

(3) Before—

(a) varying or removing a specific ongoing registration condition on an institution's registration, or

(b) imposing a new specific ongoing registration condition on its registration,

the OfS must notify the governing body of the institution of its intention to do so.

(4) The notice must—

(a) specify the OfS's reasons for proposing to take the step in question,

(b) specify the period during which the governing body of the institution may make representations about the proposal (“the specified period”), and

(5) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(6) 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.

(7) Having decided whether or not to take the step in question, the OfS must notify the governing body of the institution of its decision.

(8) If the OfS decides to vary or remove a specific ongoing registration condition or impose a new specific ongoing registration condition, the notice must—

(a) specify the condition (as varied), the condition being removed or the new condition (as the case may be), and

(b) specify the date when the variation, removal or imposition takes effect.

(9) 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.

Proportionate conditions

7

(1) 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.

(2) “Regulatory risk” means the risk of the institution, when it is registered, failing to comply with regulation by the OfS.

(3) 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.

Mandatory registration conditions

Mandatory ongoing registration conditions for all providers

8

(1) The OfS must ensure that the ongoing registration conditions of each registered higher education provider include—

(a) 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,

(b) 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

(c) 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.

(2) In subsection (1)(c), “designated body” means a body for the time being designated under Schedule 6.

Mandatory transparency condition for certain providers

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(1) The OfS must ensure that the ongoing registration conditions of each registered higher education provider of a prescribed description include a transparency condition.

(2) 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—

(a) the number of applications for admission on to higher education courses that the provider has received;

(b) the number of offers made by the provider in relation to those applications;

(d) the number of students who accepted those offers that completed their course with the provider;

(e) 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.

(3) 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—

(a) the gender of the individuals to which they relate;

(b) their ethnicity;

(4) “Prescribed” means prescribed by regulations made by the Secretary of State for the purposes of this section.

Mandatory fee limit condition for certain providers

10

(1) The OfS must ensure that the ongoing registration conditions of each registered higher education provider of a prescribed description include a fee limit condition.

(2) 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.

(3) “Regulated course fees” are fees payable to the provider by a qualifying person—

(a) in connection with his or her undertaking a qualifying course, and

(b) 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.

(4) A “qualifying person” means a person who—

(a) is not an international student, and

(b) is within a prescribed description of persons.

(5) 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.

(6) A “qualifying course” means a higher education course of a prescribed description.

(7) The power to prescribe descriptions of higher education course under subsection (6) may not be exercised in such a way as to discriminate—

(a) in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, and

(b) 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.

(8) The OfS has no power, apart from this section, to limit the fees payable to an English higher education provider.

(9) In this section—

“higher education course” does not include any postgraduate course other than a course of initial teacher training;

“prescribed” means prescribed by regulations made by the Secretary of State for the purposes of this section.

(10) Schedule 2 contains provision about determining “the fee limit”; see section 85(2) for the meaning of “fees”.

Duty to publish a list regarding the fee limit condition

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(1) The OfS must publish in each year a list of—

(a) the registered higher education providers who have a fee limit condition as an ongoing registration condition, and

(b) 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.

(2) 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.

(3) The OfS must send a copy of each published list to the Secretary of State who must lay it before Parliament.

(4) The Secretary of State may by regulations prescribe the date by which a list under this section must be published by the OfS.

Mandatory access and participation plan condition for certain institutions

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(1) This section applies where—

(a) a fee limit condition will be or is one of the ongoing registration conditions of an institution, and

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