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Higher Education and Research Act 2017

Type Public General Act

Publication 2017-04-27

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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;

(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

(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

(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;

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

(a) withdraw the decision;

(b) confirm the decision;

(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.

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

(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;

(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

(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;

(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;

(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.

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;

(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);

(5) Schedule 7 contains provision about—

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

(b) rights of appeal,

(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,

(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

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

(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

(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

76

(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

77

(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,

(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

78

(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

79

(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—

(a) applying for admission on to higher education courses provided by English higher education providers (including predicted grades),

(b) offers and rejections regarding which individuals are admitted on to those courses, or

(4) “Qualifying research” means—

(a) research into the choices available to individuals who are—

(i) applying for admission on to higher education courses provided by English higher education providers, or

(ii) considering whether to accept an offer for admission on such a course from such a provider;

(b) research into equality of opportunity;

(5) The 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.

(6) 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.

(7) 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.

(8) See section 80 regarding the use of information obtained under this section.

Use of application-to-acceptance information for research purposes

80

(1) The Secretary of State may—

(a) use information obtained under section 79 for use for qualifying research, and

(b) provide information obtained under section 79 to an approved person for use for qualifying research.

(2) 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) a purpose of the Secretary of State or the approved person in publishing it is to provide statistical information,

(b) no individual to whom the information obtained under section 79 relates may be identified from the publication, and

(c) the publication does not include information obtained under section 79 that may be regarded as commercially sensitive.

(3) “Approved person” means—

(a) 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

(b) an individual approved by the Secretary of State or an approved body for the purposes of this section (“an approved researcher”).

(4) An approved body may provide information obtained under section 79 to an approved researcher, but an approved researcher may not provide that information to—

(a) another approved researcher, or

(b) another approved body.

(5) 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.

(6) “Qualifying research” has the same meaning as in section 79.

HEFCE and the DFA

Higher Education Funding Council for England

81

The Higher Education Funding Council for England ceases to exist.

The Director of Fair Access to Higher Education

82

The office of Director of Fair Access to Higher Education ceases to exist.

Interpretation

Meaning of “English higher education provider” etc

83

(1) In this Part—

“English higher education provider” means a higher education provider whose activities are carried on, or principally carried on, in England;

“higher education provider” means an institution which provides higher education;

“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

“higher education” means education provided by means of a higher education course;

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

“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).

(2) In this Part—

(a) “English further education provider” means an institution in England within the further education sector, and

(b) 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).

(3) 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.

(4) 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.

(5) Subsection (1) is subject to express provision to the contrary, see—

(a) section 10(9) (mandatory fee limit condition for certain providers),

(b) section 25(4) (rating the quality of, and the standards applied to, higher education),

(d) section 38(5) and (6) (duty to monitor etc the provision of arrangements for student transfers).

Designation of other providers of higher education

84

(1) 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.

(2) A provider of higher education is within this subsection if—

(a) it provides higher education,

(b) its activities are carried on, or principally carried on, in England, and

(3) 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.

(4) The Secretary of State may, by regulations, make provision about—

(a) the making of applications for designation;

(b) the making of designations under this section (including provision about matters to be taken into account in determining whether to make a designation);

(c) the withdrawal of a designation (including provision about matters to be taken into account in determining whether to withdraw a designation);

(d) 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).

(5) Subsection (3) is subject to any provision made under subsection (4)(d).

Other definitions

85

(1) In this Part—

“academic freedom” has the meaning given by subsection (6);

“an access and participation plan condition” has the meaning given by section 12(3);

“a fee limit condition” has the meaning given by section 10(2);

“constituent institution”, in relation to a registered higher education provider, has the same meaning as in Part A1 (see section A4(4));

“foundation degree” has the meaning given by section 42(3);

“foundation degree only authorisation” has the meaning given by section 42(3);

references to freedom of speech have the same meaning as in Part A1 (see section A1(13));

“governing body”—in relation to a training provider who, but for the definition of “institution” in section 83(1), would not be regarded as an institution, means any persons responsible for the provider's management;in relation to a provider designated under section 84 means any persons responsible for the provider's management;in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992, but subject to any provision made by virtue of section 90(2) of that Act;

“the institutional autonomy of English higher education providers” has the meaning given by section 2(8);

“member”, in relation to a registered higher education provider or a constituent institution of such a provider, has the same meaning as in Part A1 (see sections A1(13) and A4(4));

“member”, in relation to a students’ union which is a representative body and not an association (see section 20(1)(b) of the Education Act 1994), means those whom it is the purpose of the union to represent, excluding any student who has signified that they do not wish to be represented by it;

“the register” has the meaning given by section 3(1);

“registered higher education provider” has the meaning given by section 3(10);

“registered higher education provider that is eligible for financial support” means a registered higher education provider that is an eligible higher education provider for the purposes of section 39;

“registration” has the meaning given by section 3(10);

“research award” has the meaning given by section 42(3);

“sector-recognised standards” has the meaning given by section 13(3);

“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);

“taught award” has the meaning given by section 42(3).

(2) 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—

(a) fees payable for board or lodging,

(b) fees payable for field trips (including any tuition element of such fees),

(d) such other fees as may be prescribed by regulations made by the Secretary of State.

(3) References in this Part to the ongoing registration conditions of a provider have the meaning given by section 3(8).

(4) For the purposes of this Part an appeal is “pending” during the period—

(a) beginning when it is instituted, and

(b) ending when it is determined, withdrawn or abandoned.

(5) 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.

(6) In this Part, “academic freedom”, in relation to academic staff at an institution, means their freedom within the law—

(a) to question and test received wisdom, and

(b) to put forward new ideas and controversial or unpopular opinions,

without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).

(7) Those ways are—

(a) loss of their jobs or privileges at the institution;

(b) the likelihood of their securing promotion or different jobs at the institution being reduced.

Part 2 — Other education measures

Financial support for students

Power to make alternative payments

86

(1) 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).

(2) In subsection (1), for “or loans” substitute “ , loans or alternative payments ”.

(3) In subsection (2)—

(a) in paragraphs (a), (b) and (c), for “or loan” substitute “ , loan or alternative payment ”,

(b) in paragraph (g)—

(i) after “repayment” insert “ , the making of contributions ”, and

(ii) after “loans”, in each place, insert “ or alternative payments ”,

(d) in paragraph (j), for “or loans”, in each place, substitute “ , loans or alternative payments ”.

(4) After subsection (4) insert—

(4A) Regulations under this section may not provide for alternative payments to bear any interest. (4B) The provision which may be made by virtue of subsection (2)(g) in relation to alternative payments under this section includes provision— (a) for a recipient of an alternative payment (an “AP recipient”) to be required to make, in such manner, at such times, and to such person or body as may be prescribed from time to time, contributions which together are equal to the aggregate of— (i) the amount of the alternative payment, and (ii) the amounts which would be required to be paid by virtue of subsection (3)(a) if the alternative payment were a loan; (b) for the payment, in respect of amounts overpaid by an AP recipient, of amounts which are the same as the amounts which would be required to be paid by virtue of subsection (3)(c) if the alternative payment were a loan; (c) for an AP recipient not to be liable to make any contribution in respect of an alternative payment— (i) during such period as may be prescribed from time to time, or (ii) in such circumstances as may be so prescribed, including provision for the cancellation of any further such liability of the recipient in any such circumstances; (d) in the case of alternative payments in connection with a higher education course, for the cancellation of the entitlement of an AP recipient to receive a sum as part of an alternative payment in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations, where the payment of the sum has been suspended; (e) with respect to sums which an AP recipient receives, or is entitled to receive, as part of an alternative payment after the commencement of the recipient's bankruptcy or the date of the sequestration of the recipient's estate; (f) with respect to the effect of bankruptcy upon an AP recipient's liability to make contributions in respect of an alternative payment (whether the contributions relate to sums which the recipient receives, or is entitled to receive, before or after the commencement of the bankruptcy); (g) with respect to sums which an AP recipient receives, or is entitled to receive, as part of an alternative payment before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the recipient; (h) excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make contributions in respect of an alternative payment (whether the contributions relate to sums which the AP recipient receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the recipient); (i) in relation to England, for contributions made in respect of an alternative payment to be dealt with, with the consent of the Treasury, otherwise than by payment into the Consolidated Fund; (j) in relation to Wales, for contributions made in respect of an alternative payment to be dealt with otherwise than by payment into the Consolidated Fund.

(5) In subsection (5)—

(a) in the opening words, after “loans” insert “ or from AP recipients in respect of alternative payments ”,

(b) in paragraphs (a)(i) and (c), after “borrowers” insert “ or AP recipients ”,

(c) 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 ”,

(d) after paragraph (e) insert—

(ea) requiring the making by AP recipients, in respect of periods when any contributions due in respect of their alternative payments have not been made, of— (i) additional contributions of the same amounts as the payments which would be required by virtue of paragraph (e)(i) if the alternative payments were loans, or (ii) both such additional contributions and one or more surcharges (together with further additional contributions in respect of periods when such surcharges are due but unpaid);

(e) in paragraph (f)—

(i) after “borrowers” insert “ or AP recipients ”, and

(ii) at the end insert “ or contributions ”, and

(f) in paragraph (h), after “borrowers” insert “ or AP recipients ”.

(6) In subsection (10), after “Interest” insert “ or contributions ”.

(7) After subsection (10), insert—

(11) In this section— (a) references to an alternative payment are to a payment which, in the opinion of the person making the regulations concerned, achieves a similar effect to a loan under this section without including provision for the payment of interest, and (b) references to a borrower are to a person to whom a loan is made.

(8) In section 46 of the Teaching and Higher Education Act 1998 (extent etc)—

(a) in subsection (7), in the entry relating to section 22, after “(3)(e)” insert “ , (4B)(e) ”, and

(b) in subsection (8), in the entry relating to section 22, after “or (h)” insert “ , (4B)(e), (f), (g) or (h) ”.

(9) 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).

Section 86: consequential amendments

87

(1) In section 73E of the Education (Scotland) Act 1980 (supply of information in connection with student loans)—

(a) in subsections (2) and (3)(b), after “loans” insert “ and alternative payments ”, and

(b) in subsection (6)(c)—

(i) in the opening words, after “loans” insert “ and alternative payments ”, and

(ii) in sub-paragraph (ii), after “loans” insert “ or alternative payments ”.

(2) 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 ”.

(3) In section 24 of that Act (supply of information in connection with student support)—

(a) in subsections (2) and (3)(b)(i), after “loans” insert “ and alternative payments ”,

(b) in subsection (6)(c)—

(i) in the opening words, after “loans” insert “ and alternative payments ”, and

(ii) in sub-paragraph (i), after “loans” insert “ or alternative payments ”, and

(4) 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 ”.

(5) 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))—

(a) in paragraphs (2) and (3)(b), after “loans” insert “ and alternative payments ”, and

(b) in paragraph (6)(c)—

(i) in the opening words, after “loans” insert “ and alternative payments ”, and

(ii) in head (ii), after “loans” insert “ or alternative payments ”.

Other amendments relating to financial support

88

(1) Section 22 of the Teaching and Higher Education Act 1998 (power to give financial support for students) is amended as follows.

(2) In subsection (2), after paragraph (a) insert—

(aa) for the designation of a higher education course for the purposes of this section to be determined by reference to matters determined or published by the Office for Students or other persons (whether before or after the regulations are made);

(3) In subsection (2), after paragraph (f) insert—

(fa) in the case of a grant under this section in connection with a higher education course, where a payment has been so suspended, for the cancellation of any entitlement to the payment in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations;

(4) After subsection (2), insert—

(2A) The provision which may be made by virtue of subsection (2)(b) in respect of higher education courses includes provision prescribing the maximum amount by reference to matters determined or published by the Secretary of State or other persons (whether before or after the regulations are made).

(5) In subsection (3), after paragraph (d) insert—

(da) in the case of a loan under this section in connection with a higher education course, for the cancellation of the entitlement of a borrower to receive a sum under such a loan in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations where the payment of the sum has been suspended;

Student complaints scheme

Qualifying institutions for purposes of student complaints scheme

89

(1) Part 2 of the Higher Education Act 2004 (review of student complaints) is amended in accordance with subsections (2) to (5).

(2) In section 11 (qualifying institutions for purposes of student complaints scheme)—

(a) in the words before paragraph (a), omit “in England or Wales”,

(b) in the opening words of paragraph (a)—

(i) after “university” insert “ in England or Wales ”, and

(ii) after “the 1992 Act” insert “ or section 39 or 93 of the Higher Education and Research Act 2017 (“the 2017 Act”) ”,

(d) in paragraph (b), after “institution” insert “ in England or Wales ”,

(e) in paragraph (c), after “institution” insert “ in England or Wales ”,

(f) in paragraph (d), at beginning insert “ an institution in Wales which is ”,

(g) after paragraph (d), insert—

(da) an institution in England which is a registered higher education provider as defined by section 85 of the 2017 Act (other than one within paragraph (a), (b), (c) or (d) of this section);

(h) in paragraph (e)—

(i) after “institution” insert “ in England or Wales ”, and

(ii) for “another paragraph” substitute “ any of the preceding paragraphs ”,

(i) after paragraph (e), insert—

(ea) an institution in England (other than one within any of the preceding paragraphs of this section) which provides higher education courses leading to the grant of an award by or on behalf of— (i) another institution in England within another paragraph of this section, or (ii) the Office for Students where the grant is authorised by regulations under section 51(1) of the 2017 Act;

, and

(j) in paragraph (f)—

(i) after “institution” insert “ in England or Wales ”, and

(ii) after “the 1992 Act” insert “ or section 42 or 45 of the 2017 Act ”.

(3) In section 12(3) (qualifying complaints), for “paragraph (e)” substitute “ paragraph (da), (e), (ea) ”.

(4) After section 20 insert—

(20A) (1) An institution that ceases to be a qualifying institution is a “transitional institution” during the shorter of— (a) the period of 12 months beginning with the day on which it ceases to be a qualifying institution, and (b) the period beginning with that day and ending when it becomes a qualifying institution again, (and the shorter period is referred to in this section as “the transitional period”). (2) For the purposes of this Part, a transitional institution is to be treated as continuing to be a qualifying institution during the transitional period, subject to subsection (3). (3) A complaint is not a qualifying complaint to the extent that it is about an act or omission of a transitional institution which occurred on or after the day on which the transitional period began. (4) In section 12(3) (power of designated operator to determine when certain complaints are qualifying complaints), the reference to a qualifying institution within paragraph (da), (e), (ea) or (f) of section 11 includes a transitional institution that was a qualifying institution within the paragraph in question immediately before the beginning of the transitional period.

(5) In section 21 (interpretation of Part 2)—

(a) number the existing text as subsection (1),

(b) 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;

(d) in that subsection, at the end insert—

“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).

, and

(e) after that subsection, insert—

(2) In this Part “governing body”— (a) in relation to a training provider in England who, but for the definition of “institution” in subsection (1), would not be regarded as an institution, means any persons responsible for the provider's management; (b) in relation to a provider of higher education designated under section 84 of the Higher Education and Research Act 2017, means any persons responsible for the provider's management; (c) in relation to any other institution, has the meaning given by section 90(1) of the 1992 Act, but subject to any provision made by virtue of section 90(2) of that Act.

(6) 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) ”.

(7) 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 ”.

Deregulation of higher education corporations

Higher education corporations in England

90

Schedule 8 contains provision about higher education corporations in England.

Part 3 — Research

Establishment of United Kingdom Research and Innovation

United Kingdom Research and Innovation

91

(1) A body corporate called United Kingdom Research and Innovation or, in Welsh, Ymchwil ac Arloesedd y Deyrnas Unedig, is established.

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

(3) Section 92 and Schedule 9 contain further provision about UKRI.

The Councils of UKRI

92

(1) UKRI is to have the following committees (referred to in this Part as the “Councils”)—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) the Natural Environment Research Council,

(g) the Science and Technology Facilities Council,

(h) Innovate UK, and

(i) Research England.

(2) The Secretary of State may by regulations amend subsection (1) so as to—

(a) add or omit a Council, or

(b) change the name of a Council.

(3) But the regulations may not omit, or change the name of, Innovate UK or Research England.

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Higher Education and Research Act 2017

Appeals against variation or revocation of authorisation

49

Validation by authorised providers

50

Validation by the OfS

51

Sections 42 to 49: consequential amendments

52

Unrecognised degrees

53

Unrecognised degrees: supplementary

54

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

55

Powers in relation to “university” title

Use of “university” in title of institution

56

Unauthorised use of “university” in title of institution etc

57

Revocation of authorisation to use “university” title

58

Revocation of authorisation: procedure

59

Appeals against revocation of authorisation

60

Powers of entry and search

Entering and searching premises with a warrant

61

Information powers

Power to require information from unregistered providers

62

Cooperation and information sharing by the OfS

63

Information duties

Duty to compile and make available higher education information

64

Duty to publish higher education information

65

Designated body

66

Power of designated body to charge fees

67

Financial sustainability

Duty to monitor and report on financial sustainability

68

Efficiency studies etc

Studies for improving economy, efficiency and effectiveness

69

Funding of the OfS

Registration fees

70

Other fees

71

Retention of fee related income

72

Costs recovery

73

Grants from the Secretary of State

74

Regulatory framework

Regulatory framework

75

Supplementary functions

Secretary of State’s power to confer supplementary functions

76

Directions

Secretary of State’s power to give directions

77

Powers of Secretary of State to obtain information and advice

Power to require information and advice from the OfS

78

Power to require application-to-acceptance information

79

Use of application-to-acceptance information for research purposes

80

HEFCE and the DFA

Higher Education Funding Council for England

81

The Director of Fair Access to Higher Education