Higher Education and Research Act 2017

• (5) In this section, “authorised” and “specified” have the same meaning as in section 42.

Variation or revocation of section 42 authorisation

44

• (1) 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.

• (2) That is the case even if the authorisation was given for an indefinite period.

• (3) The OfS may make such an order revoking an authorisation given to a provider only if condition A, B or C is satisfied.

• (4) Condition A is satisfied if the provider ceases to be a registered higher education provider.

• (5) Condition B is satisfied if—

• (a) 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

• (b) it appears to the OfS that those concerns are so serious that—

• (i) 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

• (ii) it is appropriate to revoke the authorisation.

• (6) Condition C is satisfied if—

• (a) 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

• (b) it appears to the OfS that those concerns are so serious that—

• (i) 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

• (ii) it is appropriate to revoke the authorisation.

• (7) Where there are one or more sector-recognised standards, for the purposes of subsections (5)(a) and (6)(a)—

• (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

• (b) those concerns must be regarding those standards as assessed against sector-recognised standards.

• (8) See sections 46 and 48 which make further provision about further orders under section 42(1).

Variation or revocation of other authorisations to grant degrees etc

45

• (1) The OfS may by order vary or revoke an authorisation given to an English higher education provider—

• (a) by or under an Act of Parliament, other than under section 42(1) of this Act, or

• (b) by Royal Charter,

to grant taught awards or research awards.

• (2) That is the case even if the authorisation was given for an indefinite period.

• (3) 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).

• (4) 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.

• (5) 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.

• (6) Condition A is satisfied if the provider is not a registered higher education provider.

• (7) Condition B is satisfied if—

• (a) 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

• (b) it appears to the OfS that those concerns are so serious that—

• (i) 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

• (ii) it is appropriate to revoke the authorisation.

• (8) Condition C is satisfied if—

• (a) 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

• (b) it appears to the OfS that those concerns are so serious that—

• (i) 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

• (ii) it is appropriate to revoke the authorisation.

• (9) Where there are one or more sector-recognised standards, for the purposes of subsections (7)(a) and (8)(a)—

• (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

• (b) those concerns must be regarding those standards as assessed against sector-recognised standards.

• (10) 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.

• (11) An order under subsection (1) may make incidental, supplementary, transitional or saving provision.

• (12) 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.

• (13) See sections 46 and 48 which make further provision about orders under subsection (1).

Grant, variation or revocation of authorisation: advice on quality etc

46

• (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—

• (a) an order under section 42(1) authorising the provider to grant taught awards or research awards,

• (b) a further order under section 42(1)—

• (i) varying an authorisation given to the provider by a previous order under section 42(1), or

• (ii) revoking such an authorisation on the ground that condition B in section 44(5) is satisfied, or

• (c) an order under section 45(1)—

• (i) varying an authorisation given to the provider, as described in that provision, to grant taught awards or research awards, or

• (ii) revoking such an authorisation on the ground that condition B in section 45(7) is satisfied.

• (2) Where the OfS requests advice under subsection (1), the relevant body must provide it.

• (3) The advice provided under subsection (2) must include the relevant body's view as to whether the provider has the ability—

• (a) to provide, and maintain the provision of, higher education of an appropriate quality, and

• (b) to apply, and maintain the application of, appropriate standards to that higher education.

• (4) The advice provided by the relevant body under subsection (2) must be informed by the views of persons who (between them) have experience of—

• (a) providing higher education on behalf of, or being responsible for the provision of higher education by—

• (i) an English higher education provider which is neither authorised to grant taught awards nor authorised to grant research awards,

• (ii) an English further education provider, and

• (iii) an English higher education provider which is within neither sub-paragraph (i) nor sub-paragraph (ii),

• (b) representing or promoting the interests of individual students, or students generally, on higher education courses provided by higher education providers,

• (c) employing graduates of higher education courses provided by higher education providers,

• (d) research into science, technology, humanities or new ideas, and

• (e) encouraging competition in industry or another sector of society.

• (5) 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.

• (6) 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.

• (7) The OfS must have regard to advice provided to it by the relevant body under subsection (2) in deciding whether to make the order.

• (8) But that does not prevent the OfS having regard to advice from others regarding quality or standards.

• (9) 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.

• (10) Where there are one or more sector-recognised standards—

• (a) for the purposes of subsections (1) and (8)—

• (i) 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

• (ii) that advice must be regarding those standards as assessed against sector-recognised standards, and

• (b) “appropriate standards” in subsection (3) means sector-recognised standards.

• (11) In this section “the relevant body” means—

• (a) the designated assessment body, or

• (b) 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.

• (12) Where the OfS is required to establish a committee for the purpose mentioned in subsection (11)(b)—

• (a) the majority of members of the committee must be individuals who are not members of the OfS, and

• (b) 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).

• (13) In this section—

• “designated assessment body” means a body for the time being designated under Schedule 4;

• “humanities” and “science” have the same meaning as in Part 3 (see section 111).

Grant of authorisation: notification of new providers

47

• (1) 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.

• (2) 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) 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

• (b) 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.

• (3) In this section “validation arrangements” means—

• (a) arrangements between one English higher education provider and another English higher education provider under which the first provider—

• (i) grants a taught award to a person who is a student at the other provider, or

• (ii) authorises the other provider to grant a taught award on behalf of the first provider, or

• (b) arrangements between the OfS and a registered higher education provider under which the OfS—

• (i) grants a taught award to a person who is a student at the provider, or

• (ii) authorises the provider to grant a taught award on behalf of the OfS.

Variation or revocation of authorisation: procedure

48

• (1) Before—

• (a) making a further order under section 42(1) varying or revoking a provider's authorisation, or

• (b) making an order under section 45(1) varying or revoking a provider's authorisation,

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

• (2) 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 may make representations about the proposal (“the specified period”), and

• (c) specify the way in which those representations may be made.

• (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 provider during the specified period in deciding whether to take the step in question.

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

• (6) 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).

• (7) The notice must also contain information as to—

• (a) the rights of appeal, and

• (b) the period within which an appeal may be made.

• (8) 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—

• (a) 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

• (b) such an appeal is pending.

• (9) 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.

• (10) 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).

• (11) 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.

Appeals against variation or revocation of authorisation

49

• (1) The governing body of a provider may appeal to the First-tier Tribunal against either or both of the following—

• (a) 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;

• (b) 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.

• (2) On an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal—

• (a) must consider afresh the decision appealed against, and

• (b) may take into account evidence that was not available to the OfS.

• (3) An appeal under subsection (1), other than an appeal against a decision to revoke an authorisation, may be on the grounds—

• (a) that the decision was based on an error in fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable.

• (4) On an appeal under subsection (1), the Tribunal may—

• (a) withdraw the decision;

• (b) confirm the decision;

• (c) vary the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1);

• (d) 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.

• (5) 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.

• (6) 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.

Validation by authorised providers

50

• (1) 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—

• (a) all the taught awards that the provider is authorised to grant, or

• (b) such of those taught awards as are specified in the commissioning arrangements or are of a description so specified.

• (2) Commissioning arrangements may require a provider to offer to enter into validation arrangements subject to conditions specified by the OfS.

• (3) Commissioning arrangements may not require a provider to offer to enter into validation arrangements that the provider is not authorised to enter into.

• (4) In this section, “validation arrangements” means arrangements between one registered higher education provider and another registered higher education provider under which the first provider—

• (a) grants a taught award to a person who is a student at the other provider, or

• (b) authorises the other provider to grant a taught award on behalf of the first provider.

• (5) 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—

• (a) an authorisation given—

• (i) under section 42(1),

• (ii) by or under any other provision of an Act of Parliament, or

• (iii) by Royal Charter, or

• (b) an authorisation varied under section 45(1).

Validation by the OfS

51

• (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—

• (a) authorise the OfS to enter into validation arrangements, and

• (b) require the OfS to offer to do so with—

• (i) registered higher education providers generally, or

• (ii) such registered higher education providers as are specified in the regulations or are of a description so specified.

• (2) Regulations under subsection (1) may authorise the OfS to enter into validation arrangements in respect of—

• (a) all taught awards, or

• (b) such taught awards as are specified in the regulations or are of a description so specified.

• (3) Regulations under subsection (1) may require the OfS to offer to enter into validation arrangements subject to conditions specified in the regulations.

• (4) Regulations under subsection (1) may include power for the OfS to authorise authorised registered higher education providers to enter on its behalf into—

• (a) all the validation arrangements that the OfS is authorised to enter into by the regulations, or

• (b) such of those validation arrangements as are specified in the regulations or are of a description so specified.

• (5) 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—

• (a) arrangements in respect of taught awards that the provider is not authorised to grant, or

• (b) arrangements that the provider is not authorised to enter into.

• (6) 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.

• (7) In this section, “validation arrangements” means arrangements between the OfS and a registered higher education provider under which the OfS—

• (a) grants a taught award to a person who is a student at the provider, or

• (b) authorises the provider to grant a taught award on behalf of the OfS.

• (8) 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—

• (a) an authorisation given—

• (i) under section 42(1),

• (ii) by or under any other provision of an Act of Parliament, or

• (iii) by Royal Charter, or

• (b) an authorisation varied under section 45(1).

• (9) Validation arrangements may provide for—

• (a) the grant of a taught award by the OfS, or

• (b) the authorisation to grant a taught award on behalf of the OfS,

to be subject to such conditions as the OfS considers appropriate.

Sections 42 to 49: consequential amendments

52

• (1) Section 76 of the Further and Higher Education Act 1992 (power to award degrees, etc) is amended as follows.

• (2) In the heading, after “etc.” insert “ : institutions in Wales ”.

• (3) In subsection (1), after “any institution” in both places insert “ in Wales ”.

• (4) After subsection (7), insert—

(8) References in this section to an institution in Wales are to an institution whose activities are carried on, or principally carried on, in Wales. (9) See section 42 of the Higher Education and Research Act 2017 regarding institutions in England.

• (5) 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.

Unrecognised degrees

53

• (1) Section 214 of the Education Reform Act 1988 (unrecognised degrees) is amended as follows.

• (2) In subsection (2), before paragraph (a) insert—

(za) an award granted or to be granted by a university, college or other body which it is authorised to grant by— (i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”), (ii) an authorisation varied under section 45(1) of the 2017 Act, or (iii) regulations under section 51(1) of the 2017 Act; (zb) an award granted or to be granted by a body for the time being permitted by a body falling within paragraph (za) to act on its behalf in the granting of that award where the grant of that award by that other body on its behalf is authorised by— (i) the authorisation mentioned in paragraph (za), or (ii) regulations under section 51(1) of the 2017 Act;

.

• (3) In subsection (2)(a), after “Act of Parliament” insert “ (other than section 42(1), 45(1) or 51(1) of the 2017 Act) ”.

• (4) In subsection (2)(c), for “Secretary of State” substitute “ appropriate authority ”.

• (5) After subsection (9) insert—

(9ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means— (a) so far as the power to make an order under subsection (2)(c) is exercisable in relation to England, the Office for Students, and (b) so far as the power to make an order under that provision is exercisable in relation to Wales, the Welsh Ministers.

• (6) In subsection (9A)—

• (a) for “and section 215, as they extend” substitute “ as it extends ”, and

• (b) for “the reference to the Secretary of State is to be read as a reference to” substitute “ “the appropriate authority” means ”.

• (7) In subsection (10)(a)—

• (a) for “means” substitute

— (i) means

, and

• (b) after “outside the United Kingdom” insert

, and (ii) includes the Office for Students

.

Unrecognised degrees: supplementary

54

• (1) Section 215 of the Education Reform Act 1988 (“the 1988 Act”) (unrecognised degrees: enforcement) is amended in accordance with subsections (2) and (3).

• (2) In subsection (1)—

• (a) for “Secretary of State” substitute “ appropriate authority ”,

• (b) for “him” substitute “ the appropriate authority ”, and

• (c) for “he” substitute “ the appropriate authority ”.

• (3) After subsection (1A) insert—

(1B) “The appropriate authority” means— (a) in the case of a weights and measures authority in England, the Secretary of State, (b) in the case of a weights and measures authority in Wales, the Welsh Ministers, and (c) in the case of a weights and measures authority in Scotland, the Scottish Ministers.

• (4) 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).

• (5) For subsection (1) substitute—

(1) The appropriate authority may by order designate each body which appears to the authority to be a recognised body within subsection (4)(a), (b) or (c). (1A) For the purposes of sections 214 and 215, any body for the time being designated by an order under subsection (1) as a recognised body within subsection (4)(c) is conclusively presumed to be such a body.

• (6) In subsection (2)—

• (a) for “Secretary of State” substitute “ appropriate authority ”, and

• (b) for “him” substitute “ the authority ”.

• (7) After subsection (2) insert—

(2ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means— (a) so far as the functions in question are exercisable in relation to England, the Office for Students, and (b) so far as the functions in question are exercisable in relation to Wales, the Welsh Ministers.

• (8) 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 ”.

• (9) In subsection (3)—

• (a) in the opening words for “either” substitute “ it ”, and

• (b) before paragraph (a) insert—

(za) provides any course which is— (i) in preparation for a degree to be granted by a recognised body within subsection (4)(a) or (b) which the recognised body is authorised to grant by the authorisation or regulations mentioned in subsection (4)(a), and (ii) is approved by or on behalf of that recognised body;

.

• (10) In subsection (3)(a), after “a recognised body” insert “ within subsection (4)(c) ”.

• (11) In subsection (4), after “means” insert

— (a) a body which is authorised to grant awards by— (i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”), (ii) an authorisation varied under section 45(1) of the 2017 Act, or (iii) regulations under section 51(1) of the 2017 Act, (b) a body for the time being permitted by a body within paragraph (a) to act on its behalf in the granting of awards where the grant of the awards by that other body on its behalf is authorised by the authorisation or regulations mentioned in paragraph (a), or (c)

.

• (12) In the heading, after “awards” insert “ etc ”.

• (13) Section 232 of the 1988 Act (orders and regulations) is amended in accordance with subsections (14) and (15).

• (14) After subsection (4), insert—

(4A) The power of the Office for Students to make an order under section 214 or 216 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.

• (15) 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 ”.

• (16) 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.

• (17) 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.

• (18) 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.

Saving for right to grant degrees under the Ecclesiastical Licences Act 1533

55

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—

• (a) to complete an appropriate course of study or an appropriate programme of supervised research, or

• (b) to satisfy an appropriate examination, test or other assessment.

Powers in relation to “university” title

Use of “university” in title of institution

56

• (1) Section 77 of the Further and Higher Education Act 1992 (use of “university” in title of institution) is amended as follows.

• (2) Before subsection (1) insert—

(A1) Where— (a) power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution, (b) the educational institution is a registered higher education provider, and (c) the power is exercisable with the consent of the Privy Council, then, the power may be exercised so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body, but only if the Office for Students (instead of the Privy Council) consents to that exercise of the power.

• (3) In subsection (1)—

• (a) in paragraph (b), after “institution” insert “ is in Wales and ”, and

• (b) omit “(whether or not the institution would apart from this section be a university)”.

• (4) After subsection (1) insert—

(1A) Subsections (A1) and (1) apply whether or not the educational institution would, apart from this section, be a university.

• (5) In subsection (2)—

• (a) after “in subsection” insert “ (A1) or ”, and

• (b) for “that subsection” substitute “ subsections (A1) and (1) ”.

• (6) In subsection (3), after “name” insert “ the Office for Students and ”.

• (7) After subsection (3) insert—

(3A) In exercising its power to give consent under subsection (A1), the Office for Students must have regard to factors set out in guidance given by the Secretary of State. (3B) Before giving guidance under subsection (3A), the Secretary of State must consult— (a) bodies representing the interests of English higher education providers, (b) bodies representing the interests of students on higher education courses provided by English higher education providers, and (c) such other persons as the Secretary of State considers appropriate.

• (8) In subsection (4), after “subsection” insert “ (A1) or ”.

• (9) After subsection (4) insert—

(5) In this section, “English higher education provider”, “higher education course” and “registered higher education provider” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see sections 83 and 85 of that Act). (6) For the purposes of subsection (1), an educational institution is in Wales if the institution's activities are carried on, or principally carried on, in Wales.

• (10) 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.

Unauthorised use of “university” in title of institution etc

57

• (1) Section 39 of the Teaching and Higher Education Act 1998 (unauthorised use of “university” in title of institution etc) is amended as follows.

• (2) Before subsection (1) insert—

(A1) A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is— (a) authorised by or by virtue of any Act or Royal Charter, or (b) approved by the Office for Students for the purposes of this section.

• (3) In subsection (1), omit “England or”.

• (4) In subsection (2)—

• (a) for “such an institution” substitute “ a relevant institution in England or a relevant institution in Wales ”, and

• (b) after “subsection” insert “ (A1) or ”.

• (5) In subsection (3), after “Subsection” insert “ (A1), ”.

• (6) In subsection (4), after “subsection” insert “ (A1), ”.

• (7) In subsection (5), after “this section” insert “ the Office for Students and ”.

• (8) After subsection (5) insert—

(5A) In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State. (5B) Before giving guidance under subsection (5A), the Secretary of State must consult— (a) bodies representing the interests of English higher education providers, (b) bodies representing the interests of students on higher education courses provided by English higher education providers, and (c) such other persons as the Secretary of State considers appropriate. (5C) The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter. (5D) But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word “university” in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006. (5E) Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.

• (9) In subsection (7), before the definition of “relevant institution” 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);

.

• (10) In subsection (7), for the definition of “relevant institution” substitute—

“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— (a) an institution in Wales within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992, or (b) an institution in Wales within the higher education sector as defined by section 91(5) of that Act;

.

• (11) After subsection (7) insert—

(8) For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.

• (12) 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.

Revocation of authorisation to use “university” title

58

• (1) The OfS may by order revoke any authorisation, consent or other approval given by or by virtue of—

• (a) an Act (other than the Companies Act 2006), or

• (b) a Royal Charter,

to an institution in England to include the word “university” in its name.

• (2) That is the case even if the authorisation, consent or other approval was granted for an indefinite period.

• (3) The OfS may make an order under subsection (1) only if condition A, B or C is satisfied.

• (4) Condition A is satisfied if—

• (a) 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

• (b) in any other case, the institution is not a registered higher education provider.

• (5) Condition B is satisfied if, disregarding any transitional or saving provision made by an order under section 42(1) or 45(1)—

• (a) the institution is neither authorised to grant taught awards nor authorised to grant research awards, or

• (b) foundation degrees are the only degrees which the institution is authorised to grant.

• (6) 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.

• (7) 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.

• (8) An order under subsection (1) may make incidental, supplementary, transitional or saving provision.

• (9) 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.

Revocation of authorisation: procedure

59

• (1) 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.

• (2) 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 may make representations about the proposal (“the specified period”), and

• (c) specify the way in which those representations may be made.

• (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 take the step in question.

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

• (6) 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).

• (7) The notice must also contain information as to—

• (a) the rights of appeal, and

• (b) the period within which an appeal may be made.

• (8) 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—

• (a) an appeal under section 60(1)(a) or (b), or a further appeal, could be brought in respect of the decision to revoke, or

• (b) such an appeal is pending.

• (9) 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.

• (10) 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).

• (11) 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.

Appeals against revocation of authorisation

60

• (1) The governing body of an institution may appeal to the First-tier Tribunal against either or both of the following—

• (a) 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;

• (b) a decision of the OfS as to the date specified under section 59(6) as the date on which the revocation takes effect.

• (2) On an appeal under subsection (1)(a), the Tribunal—

• (a) must consider afresh the decision appealed against, and

• (b) may take into account evidence that was not available to the OfS.

• (3) An appeal under subsection (1)(b) may be on the grounds—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable.

• (4) On an appeal under subsection (1), the Tribunal may—

• (a) withdraw the decision;

• (b) confirm the decision;

• (c) vary the date on which the revocation takes effect under the order to be made under section 58(1);

• (d) 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.

• (5) 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.

• (6) 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.

Powers of entry and search

Entering and searching premises with a warrant

61

• (1) 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.

• (2) “Supported higher education provider” means a registered higher education provider which—

• (a) 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

• (b) 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.

• (3) 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.

Information powers

Power to require information from unregistered providers

62

• (1) 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.

• (2) A notice under subsection (1) may require the information to be provided—

• (a) by a time specified in the notice, and

• (b) in a form and manner specified in the notice.

• (3) 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.

• (4) “An unregistered provider” is an English higher education provider which is not a registered higher education provider.

• (5) See section 8(1)(b) for the ongoing registration condition of a registered higher education provider to provide information to the OfS.

Cooperation and information sharing by the OfS

63

• (1) The OfS—

• (a) may cooperate with any person where it considers it appropriate to do so for the efficient performance of a function of the OfS, and

• (b) must cooperate with a person in the performance of such a function if required to do so by the Secretary of State.

• (2) The OfS—

• (a) 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

• (b) must cooperate with a relevant person in the performance of such a function if required to do so by the Secretary of State.

• (3) 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.

• (4) 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.

• (5) Provision of information by the OfS which is authorised by this section does not breach—

• (a) an obligation of confidence owed by the OfS, or

• (b) any other restriction on the provision of information (however imposed).

• (6) But nothing in this section authorises the OfS to provide information where doing so contravenes the data protection legislation .

• (7) In this section—

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “relevant person” means—the Privy Council, ora person prescribed by regulations made by the Secretary of State;

• “relevant function” means—in relation to the Privy Council, any of its functions;in relation to any other relevant person, a function prescribed by regulations made by the Secretary of State.

• (8) Regulations under this section prescribing functions of a relevant person may prescribe all of the person's functions.

Information duties

Duty to compile and make available higher education information

64

• (1) The relevant body must—

• (a) compile appropriate information relating to registered higher education providers and the higher education courses they provide, and

• (b) make the information available in an appropriate form and manner to the OfS, UKRI and the Secretary of State.

• (2) In this section “the relevant body” means—

• (a) the designated body (see section 66), or

• (b) if there is no such body, the OfS.

• (3) What is “appropriate” for the purposes of subsection (1)(a) and (b) is to be determined—

• (a) 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

• (b) otherwise, by the OfS.

• (4) A notification under subsection (3) may relate to one or both of the paragraphs of subsection (1).

• (5) 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).

• (6) 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.

• (7) Those persons are—

• (a) UKRI,

• (b) the Secretary of State, and

• (c) such other persons as the body seeking views considers appropriate.

• (8) In performing the duty under subsection (1)(a), the relevant body must—

• (a) cooperate with other persons who collect information from registered higher education providers, and

• (b) have regard to the desirability of reducing the burdens on such providers relating to the collection of information.

• (9) 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).

• (10) The functions conferred by this section do not affect any other functions of the OfS regarding information.

Duty to publish higher education information

65

• (1) 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.

• (2) In this section “the relevant body” means—

• (a) the designated body (see section 66), or

• (b) if there is no such body, the OfS.

• (3) The information must be published—

• (a) at appropriate times, and

• (b) at least once a year.

• (4) The information must be published in an appropriate form and manner.

• (5) What is “appropriate” for the purposes of subsections (1), (3) and (4) is to be determined—

• (a) 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

• (b) otherwise, by the OfS.

• (6) A notification under subsection (5) may relate to one or more of subsections (1), (3) and (4).

• (7) 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—

• (a) students on higher education courses provided by registered higher education providers;

• (b) people thinking about undertaking such courses;

• (c) registered higher education providers.

• (8) 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—

• (a) international students on higher education courses provided by registered higher education providers;

• (b) people thinking about undertaking such courses who would be international students on such courses;

• (c) registered higher education providers who recruit, or are thinking about recruiting, people who would be international students on such courses.

• (9) 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.

• (10) 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) 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,

• (b) 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,

• (c) 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

• (d) such other persons as the OfS considers appropriate.

• (11) In performing the duty under subsection (1), the relevant body must—

• (a) cooperate with other persons who collect information from registered higher education providers, and

• (b) have regard to the desirability of reducing the burdens on such providers relating to the collection of information.

• (12) 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).

• (13) The functions conferred by this section do not affect any other functions of the OfS regarding information.

• (14) In this section—

• “graduate” means a graduate of a higher education course provided by a registered higher education provider;

• “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, andwhose presence in the United Kingdom, and undertaking of the higher education course in question, are not in breach of primary or secondary legislation relating to immigration.

Designated body

66

• (1) In sections 64 and 65 and this section, “designated body” means a body for the time being designated under Schedule 6.

• (2) In Schedule 6—

• (a) Part 1 makes provision about the designation of a body for the purposes of sections 64 and 65, and

• (b) Part 2 makes provision about oversight of the designated body by the OfS.

• (3) 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).

• (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).

• (5) Those persons are—

• (a) the OfS,

• (b) UKRI, and

• (c) the Secretary of State.

• (6) 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.

• (7) A notice under subsection (4) may require the information to be provided—

• (a) by a time specified in the notice, and

• (b) in a form and manner specified in the notice.

• (8) 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.

Power of designated body to charge fees

67

• (1) 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.

• (2) 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.

• (3) 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.

• (4) The designated body must publish—

• (a) a statement of the amount of the fees which it charges under this section and the basis on which they are calculated, and

• (b) revised statements where the amount of the fees or the basis on which they are calculated changes.

• (5) “Designated body” has the same meaning as in section 66.

Financial sustainability

Duty to monitor and report on financial sustainability

68

• (1) The OfS must monitor the financial sustainability of the following registered higher education providers—

• (a) 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),

• (b) those who are not so funded but are eligible to receive such funding under section 39 or 40, and

• (c) 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.

• (2) The OfS must include in its annual report a financial sustainability summary for the financial year to which the report relates.

• (3) “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.

• (4) Patterns, trends or other matters are “relevant” if—

• (a) they relate to the financial sustainability of some or all of the registered higher education providers monitored under subsection (1), and

• (b) the OfS considers that they are appropriate to be brought to the attention of the Secretary of State.

• (5) In this section—

• “annual report” means the annual report under paragraph 13 of Schedule 1;

• “financial year” has the same meaning as in that Schedule (see paragraph 12(6)).

Efficiency studies etc

Studies for improving economy, efficiency and effectiveness

69

• (1) 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.

• (2) 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—

• (a) to provide the researcher or an authorised person with such information as the researcher may reasonably require for that purpose, and

• (b) 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.

• (3) “Authorised person” means a person authorised by the researcher.

Funding of the OfS

Registration fees

70

• (1) The OfS may, in accordance with regulations made by the Secretary of State, charge an institution either or both of the following—

• (a) a fee for its initial registration in the register;

• (b) a fee for its ongoing registration in the register for each period of twelve months.

• (2) The regulations may, in particular, make provision—

• (a) about the amounts which may be charged, including different amounts for different institutions;

• (b) about the charging of proportions of those amounts in certain circumstances;

• (c) about when a fee is payable, including about payment by instalments;

• (d) about the consequences of non-payment;

• (e) about notification of institutions of the fees payable, when they are payable and the consequences of non-payment;

• (f) about the recovery of fees and of costs in recovering those fees;

• (g) about the imposition of financial penalties for late payment of fees;

• (h) about rights of appeal in respect of the imposition of such penalties;

• (i) about the charging of interest;

• (j) about the waiving or refunding of fees.

• (3) 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).

• (4) Regulations under this section may be made only with the consent of the Treasury.

Other fees

71

• (1) The OfS may, in accordance with regulations made by the Secretary of State, charge a fee for—

• (a) any activity undertaken by the OfS in the performance of its functions which is specified in the regulations;

• (b) any service provided by it in the performance of its functions which is specified in the regulations.

• (2) The regulations may, in particular, make provision—

• (a) about the persons required to pay the fees (“payees”);

• (b) about the amounts which may be charged, including different amounts for different payees;

• (c) about the charging of proportions of those amounts in certain circumstances;

• (d) about when a fee is payable, including about payment by instalments;

• (e) about the consequences of non-payment;

• (f) about notification of payees of the fees payable, when they are payable and the consequences of non-payment;

• (g) about the recovery of fees and of costs in recovering those fees;

• (h) about the imposition of financial penalties for late payment of fees;

• (i) about rights of appeal in respect of the imposition of such penalties;

• (j) about the charging of interest;

• (k) about the waiving or refunding of fees.

• (3) 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.

• (4) 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.

• (5) Regulations under this section may be made only with the consent of the Treasury.

Retention of fee related income

72

• (1) 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.

• (2) “Fee income” means the sums received by the OfS by way of—

• (a) fees charged under section 70 (registration fees) or 71 (other fees), or

• (b) costs recovered by virtue of regulations made under section 70(2)(f) or 71(2)(g).

• (3) The OfS must pay its other fee related income to the Secretary of State.

• (4) “Other fee related income” means the sums received by the OfS by way of—

• (a) penalties imposed by virtue of regulations made under section 70(2)(g) or 71(2)(h), or

• (b) interest charged by virtue of regulations made under section 70(2)(i) or 71(2)(j).

Costs recovery

73

• (1) 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.

• (2) The references in subsection (1) to imposing a sanction are to—

• (a) imposing a monetary penalty under section 15;

• (b) suspending a provider's registration under section 16;

• (c) removing a provider from the register under section 18.

• (3) “Costs” includes, in particular, investigation costs, administration costs and costs of obtaining expert advice (including legal advice).

• (4) “The date of notification” means the date on which the OfS notified the provider of its decision—

• (a) in the case of a monetary penalty, under paragraph 2(5) of Schedule 3;

• (b) in the case of suspension, under section 17(5);

• (c) in the case of removal, under section 19(5).

• (5) Schedule 7 contains provision about—

• (a) the procedure for imposing a requirement to pay costs,

• (b) rights of appeal,

• (c) the recovery of the amount required to be paid and interest, and

• (d) the retention of sums received.

Grants from the Secretary of State

74

• (1) 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.

• (2) The terms and conditions under subsection (1) may, in particular, be framed by reference to particular courses of study.

• (3) 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.

• (4) The terms and conditions under subsection (1) must not relate to—

• (a) particular parts of courses of study,

• (b) the content of such courses,

• (c) the manner in which they are taught, supervised or assessed,

• (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.

• (5) 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.

• (6) 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—

• (a) 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

• (b) they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.

• (7) The terms and conditions under subsection (1) may, in particular—

• (a) 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

• (b) 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.

• (8) In this section “specified” means specified in the terms and conditions.

Regulatory framework

Regulatory framework

75

• (1) The OfS must, from time to time, prepare and publish a regulatory framework.

• (2) The OfS must have regard to it when exercising its functions.

• (3) The regulatory framework is to consist of—

• (a) a statement of how it intends to perform its functions, ...

• (b) guidance for registered higher education providers on the general ongoing registration conditions, and

• (c) guidance for students’ unions to which sections A5 and A6 apply on their duties under those sections.

• (4) 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.

• (5) “Regulatory risk” means the risk of a breach of the provider's ongoing registration conditions.

• (6) 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.

• (7) The guidance under subsection (3)(b) may in particular specify—

• (a) descriptions of behaviour which the OfS considers compliant with, or not compliant with, a general ongoing registration condition;

• (b) factors which the OfS will take into account in determining whether or not behaviour is compliant with a general ongoing registration condition.

• (7A) 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.

• (7B) The guidance under subsection (3)(c) may in particular specify—

• (a) what the OfS considers students’ unions need to do to comply with their duties under sections A5 and A6;

• (b) 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.

• (8) Before publishing a regulatory framework under this section the OfS must consult—

• (a) bodies representing the interests of English higher education providers,

• (b) bodies representing the interests of students on higher education courses provided by English higher education providers, ...

• (ba) 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

• (c) such other persons as it considers appropriate.

• (9) 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.

Supplementary functions

Secretary of State’s power to confer supplementary functions

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• (1) 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.

• (2) A “supplementary function” is a function which—

• (a) is exercisable for the purposes of—

• (i) the performance by the Secretary of State of the Secretary of State's functions under primary or secondary legislation, or

• (ii) the doing by the Secretary of State of anything the Secretary of State has power to do apart from such legislation, and

• (b) relates to, or to the activities of, an institution in England which provides, or may provide, higher education.

• (3) Subsection (4) applies where—

• (a) any land or other property is or was used or held for the purposes of an institution, and

• (b) 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.

• (4) If the institution is an English higher education provider—

• (a) 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

• (b) the functions are to be so exercised in accordance with such directions as the Secretary of State may give.

• (5) This section does not affect any other powers to confer functions on, or delegate functions to, the OfS.

Directions

Secretary of State’s power to give directions

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• (1) The Secretary of State may by regulations give the OfS general directions about the performance of any of its functions.

• (2) 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.

• (3) 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—

• (a) particular parts of courses of study,

• (b) the content of such courses,

• (c) the manner in which they are taught, supervised or assessed,

• (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.

• (4) 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.

• (5) The Secretary of State may also by regulations give the OfS financial support directions in relation to a particular registered higher education provider.

• (6) Financial support directions may be given only if—

• (a) it appears to the Secretary of State that the financial affairs of the provider have been or are being mismanaged, and

• (b) the OfS and the provider are consulted by the Secretary of State before the directions are given.

• (7) “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.

• (8) The OfS must comply with any directions given under this section.

Powers of Secretary of State to obtain information and advice

Power to require information and advice from the OfS

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• (1) The OfS must provide the Secretary of State with—

• (a) 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

• (b) such advice regarding any of its functions as the Secretary of State may require it to provide.

• (2) The OfS must provide information or advice under subsection (1) in such form as the Secretary of State may require.

Power to require application-to-acceptance information

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• (1) 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.

• (2) 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.

• (3) “Application-to-acceptance information” means information relating to—