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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

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(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.

(4) Before making regulations under subsection (2), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(5) UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons.

(6) In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.

Research and innovation functions and role of the Councils

UK research and innovation functions

93

(1) UKRI may—

(a) carry out research into science, technology, humanities and new ideas,

(b) facilitate, encourage and support research into science, technology, humanities and new ideas,

(c) facilitate, encourage and support the development and exploitation of science, technology, new ideas and advancements in humanities,

(d) facilitate, encourage and support knowledge exchange in relation to science, technology, humanities and new ideas,

(e) collect, disseminate and advance knowledge in and in connection with science, technology, humanities and new ideas,

(f) promote awareness and understanding of science, technology, humanities and new ideas,

(g) provide advice on any matter relating to any of its functions, and

(h) promote awareness and understanding of its activities.

(2) The activities which UKRI may carry out in, or in connection with, exercising a function conferred by subsection (1) are not restricted to the United Kingdom.

(3) The functions conferred by subsection (1)(a) to (f) include, in particular, power to encourage and support the provision of postgraduate training in science, technology, humanities and new ideas.

(4) For the purposes of this Part, “knowledge exchange”, in relation to science, technology, humanities or new ideas, means a process or other activity by which knowledge is exchanged where—

(a) the knowledge is in, or in connection with, science, technology, humanities or new ideas (as the case may be), and

(b) the exchange contributes, or is likely to contribute, (whether directly or indirectly) to an economic or social benefit in the United Kingdom or elsewhere.

(5) Section 94 makes further provision about the giving of financial support under this section.

(6) Sections 95 to 98 provide for UKRI to make arrangements for the exercise of functions by the Councils on UKRI's behalf.

Financial support: supplementary provision

94

(1) The power of UKRI under section 93 to give financial support includes, in particular, power to make grants, loans or other payments.

(2) Financial support may be given by UKRI under that section on such terms and conditions as UKRI considers appropriate.

(3) The terms and conditions may, in particular—

(a) enable UKRI to require the repayment, in whole or in part, of sums paid by UKRI if any of the terms and conditions subject to which the sums were paid is not complied with,

(b) require the payment of interest in respect of any period during which a sum due to UKRI in accordance with any of the terms and conditions remains unpaid, and

(c) require a person to whom financial support is given to provide UKRI with any information it requests for the purpose of the exercise of any of its functions.

(4) In exercising the power under section 93 to give financial support to any person, UKRI must have regard to the desirability of not discouraging the person from maintaining or developing funding from other sources.

Exercise of functions by science and humanities Councils

95

(1) UKRI must arrange for the Council listed in the first column of the following table to exercise such functions of UKRI in respect of the field of activity listed in the corresponding entry in the second column of the table as UKRI may determine.

Council	Field of activity
Arts and Humanities Research Council	Arts and humanities
Biotechnology and Biological Sciences Research Council	Biotechnology and biological sciences
Economic and Social Research Council	Social sciences
Engineering and Physical Sciences Research Council	Engineering and physical sciences
Medical Research Council	Medicine and biomedicine aimed at improving human health
Natural Environment Research Council	Environmental and related sciences
Science and Technology Facilities Council	Astronomy, particle physics, space science, nuclear physics and provision and operation of research facilities in relation to any area of activity specified in this column

(2) Arrangements under this section may, in particular, provide for the exercise by the Council concerned of UKRI's functions under paragraph 8(1) and (2) of Schedule 9 in relation to relevant specialist employees.

(3) A “relevant specialist employee”, in relation to a Council, means—

(a) a researcher or scientist employed by UKRI to work in the Council's field of activity (see the table in subsection (1)), or

(b) a person who has knowledge, experience or specialist skills which is or are relevant to the Council's field of activity and is employed by UKRI to work in that field of activity.

(4) Arrangements under this section must require the Council concerned, when exercising any function to which the arrangements relate, to have regard to the desirability of—

(a) contributing (whether directly or indirectly) to economic growth, or an economic benefit, in the United Kingdom,

(b) advancing knowledge (whether in the United Kingdom or elsewhere and whether directly or indirectly) in, or in connection with, science, technology, humanities or new ideas, and

(5) The Secretary of State may by regulations—

(a) amend the first column of the table in subsection (1) in consequence of provision made by regulations under section 92;

(b) amend the second column of that table.

(6) Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons.

(8) In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.

Exercise of functions by Innovate UK

96

(1) UKRI must arrange for Innovate UK to exercise such functions of UKRI as UKRI may determine for the purpose of increasing economic growth in the United Kingdom.

(2) But arrangements may not be made under this section for the exercise by Innovate UK of UKRI's function mentioned in section 93(1)(a).

(3) Arrangements under this section must require Innovate UK, when exercising any function to which the arrangements relate, to have regard to—

(a) the need to support (directly or indirectly) persons engaged in business activities in the United Kingdom,

(b) the need to promote innovation by persons carrying on business in the United Kingdom, and

Exercise of functions by Research England

97

(1) UKRI must arrange for Research England to exercise such functions of UKRI as UKRI may determine for the purpose of giving financial support within subsection (2) or (3).

(2) Financial support is within this subsection if it is given to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider for the purposes of either or both of the following—

(a) the undertaking of research into, or knowledge exchange in relation to, science, technology, humanities or new ideas by the provider;

(b) the provision of facilities, or the carrying out of other activities, by the provider which its governing body considers it is necessary or desirable to provide or carry out for the purposes of, or in connection with, research into, or knowledge exchange in relation to, science, technology, humanities or new ideas.

(3) Financial support is within this subsection if it is given to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision by any person of services for the purposes of, or in connection with—

(a) the undertaking of research into science, technology, humanities or new ideas by eligible higher education providers receiving financial support which is within subsection (2), or

(b) the undertaking of knowledge exchange in relation to science, technology, humanities or new ideas by eligible education providers receiving such financial support.

(4) Arrangements under this section must require Research England, when exercising a function for the purpose of giving financial support, to consult such persons as Research England considers appropriate before determining any terms and conditions to be imposed in relation to the financial support.

(5) “Eligible higher education provider” has the same meaning as in section 39.

Exercise of functions by the Councils: supplementary

98

(1) UKRI may arrange for any Council to exercise such other functions of UKRI as UKRI may determine in addition to those exercisable by the Council pursuant to arrangements under section 95, 96 or 97 (as the case may be).

(2) Arrangements under subsection (1) may result in a function of UKRI being exercisable by more than one Council.

(3) A function of UKRI which is exercisable by a Council on UKRI's behalf pursuant to arrangements under sections 95 to 97 or subsection (1) may also be exercised by UKRI.

(4) Arrangements under sections 95 to 97 or subsection (1) must require the Council concerned to provide UKRI with such advice or information about the exercise of any function to which the arrangements relate as UKRI may require it to provide.

Strategies and strategic delivery plans

UKRI’s research and innovation strategy

99

(1) UKRI must—

(a) if requested to do so by the Secretary of State, prepare a strategy for the exercise of its functions during the period specified in the request, and

(b) submit the strategy to the Secretary of State for approval.

(2) A strategy under subsection (1) is referred to in this Part as a “research and innovation strategy”.

(3) A research and innovation strategy must specify—

(a) the period before the end of which each Council must submit a strategic delivery plan to UKRI under section 100, and

(b) the period to which such a plan must relate.

(4) The Secretary of State may approve a research and innovation strategy with or without modifications.

(5) UKRI must publish a research and innovation strategy approved under this section in such manner as the Secretary of State may require it to be published.

Councils’ strategic delivery plans

100

(1) This section applies where UKRI publishes a research and innovation strategy under section 99.

(2) UKRI must arrange for each Council to—

(a) prepare a strategic delivery plan for the period specified in the strategy by virtue of section 99(3)(b), and

(b) submit it to UKRI for approval.

(3) The strategic delivery plan must be submitted before the end of the period specified in the strategy by virtue of section 99(3)(a).

(4) A strategic delivery plan is a plan setting out the Council's proposals for the exercise by the Council, during the period to which the plan relates, of functions of UKRI pursuant to arrangements under sections 95 to 98.

(5) UKRI may approve a strategic delivery plan with or without modifications.

(6) UKRI must publish a strategic delivery plan approved under this section in such manner as the Secretary of State may require it to be published.

(7) Arrangements under sections 95 to 98 must require the Council concerned, when exercising any function to which the arrangements relate, to do so in accordance with any relevant strategic delivery plan.

(8) A strategic delivery plan is a “relevant strategic delivery plan” for the purposes of subsection (7) if—

(a) it was prepared by the Council concerned and has been approved under this section, and

(b) it relates to the period during which the function concerned is being exercised.

Funding and directions

Grants to UKRI from the Secretary of State

101

(1) The Secretary of State may make grants to UKRI of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate.

(2) Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, terms and conditions under subsection (1) in respect of those functions may be imposed only if—

(a) they are requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and

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

(3) Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, any terms and conditions under subsection (1) in respect of those functions may not be framed by reference to—

(a) particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for the admission of students.

(4) Terms and conditions under subsection (1) may, in particular—

(a) provide for the allocation of the whole or a part of the grant to a particular Council and for subsequent changes in that allocation,

(b) 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

(c) 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.

(5) Where the Secretary of State makes a grant to UKRI under subsection (1), the Secretary of State must publish—

(a) the amount of the grant, and

(b) if the terms and conditions of the grant allocate the whole or a part of that amount to a particular Council—

(i) the name of the Council, and

(ii) the amount of the grant which is so allocated to it.

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

Secretary of State’s power to give directions to UKRI

102

(1) The Secretary of State may give UKRI directions about the allocation or expenditure by UKRI of grants received under section 101.

(2) The Secretary of State may give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97, only if—

(a) it relates to requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and

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

(3) The Secretary of State may not give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97 which is framed by reference to—

(a) particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for the admission of students.

(4) UKRI must comply with any directions given under this section.

(5) In this section “specified” means specified in the direction.

Haldane principle, balanced funding and advice from UKRI

103

(1) The Secretary of State must have regard to the matters mentioned in subsection (2) when—

(a) deciding to make a grant under section 101,

(b) determining any terms and conditions of a grant under that section, or

(2) The matters are—

(a) the Haldane principle, where the grant or direction mentioned in subsection (1) is in respect of functions exercisable by one or more of the Councils mentioned in section 95(1) pursuant to arrangements under that section,

(b) the balanced funding principle, in any case, and

(3) The “Haldane principle” is the principle that decisions on individual research proposals are best taken following an evaluation of the quality and likely impact of the proposals (such as a peer review process).

(4) The “balanced funding principle” is the principle that it is necessary to ensure that a reasonable balance is achieved in the allocation of funding as between—

(a) functions exercisable by the Councils mentioned in section 95(1) pursuant to arrangements under that section, and

(b) functions exercisable by Research England pursuant to arrangements under section 97.

General functions

General duties

104

(1) In exercising its functions, UKRI must have regard to the need to use its resources in the most efficient, effective and economic way.

(2) In exercising its functions, including its duty under subsection (1), UKRI must have regard to guidance given to it by the Secretary of State.

Power to require information and advice from UKRI

105

(1) UKRI must provide the Secretary of State with—

(a) such information regarding any of its functions, or obtained in the exercise of any of its functions, as the Secretary of State may require it to provide, and

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

(2) UKRI must provide information or advice under subsection (1) in such form as the Secretary of State may require it to be provided.

Studies for improving economy, efficiency and effectiveness

106

(1) UKRI may arrange for studies falling within subsection (2) to be promoted or carried out by a person.

(2) Studies fall within this subsection if they are designed to improve economy, efficiency and effectiveness in carrying out activities in respect of which UKRI gives financial support.

(3) A person promoting or carrying out such studies at the request of UKRI (“a researcher”) may require the person carrying out the activities—

(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.

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

Provision of research services

107

(1) UKRI may, in connection with any of its functions, provide research services to a person (whether or not in the United Kingdom).

(2) The following are “research services”—

(a) undertaking research into science, technology, humanities or new ideas;

(b) making facilities available for the undertaking of such research by another person;

(3) Research services provided by virtue of this section may be provided subject to such terms and conditions as UKRI considers appropriate.

(4) UKRI may charge for research services provided by virtue of this section.

Representing the United Kingdom

108

UKRI must, if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field of activity connected to its functions.

Supplementary

Predecessor bodies and preservation of symbolic property

109

(1) The following bodies corporate (each a “research council”) cease to exist—

(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, and

(h) the Technology Strategy Board.

(2) The Royal Charters establishing the research councils, and any supplemental Royal Charter granted to a council, are revoked.

(3) A property transfer scheme made by the Secretary of State under Schedule 10 in connection with a research council must, in particular, make provision for the transfer of the symbolic property of the council to UKRI.

(4) The symbolic property of a research council is—

(a) the name of, and any other name used by, the council,

(b) any goodwill in a name falling within paragraph (a),

(d) any seal of the council.

Amendments to powers to support research

110

(1) In section 5 of the Science and Technology Act 1965 (further powers of Secretary of State), after subsection (1) insert—

(1ZA) The power to give financial support under subsection (1)(a) includes, in particular, power to make a grant, loan or other payment, on such terms and conditions as the relevant authority considers appropriate. (1ZB) The terms and conditions may, in particular— (a) enable the relevant authority to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with, (b) require the payment of interest in respect of any period during which a sum due to the relevant authority in accordance with any of the terms and conditions remains unpaid, and (c) require a person to whom financial support is given to provide the relevant authority with any information it requests for the purpose of the exercise of any of its functions. (1ZC) In subsections (1ZA) and (1ZB), “the relevant authority” means— (a) in the case of the power of the Secretary of State to give financial support under subsection (1)(a), the Secretary of State; (b) in the case of the power of the Welsh Ministers to give financial support under subsection (1)(a), the Welsh Ministers; (c) in the case of the power of the Scottish Ministers to give financial support under subsection (1)(a), the Scottish Ministers.

(2) In section 10 of the Higher Education Act 2004 (research in arts and humanities), after subsection (4) insert—

(5) The powers under this section to give financial support include, in particular, power to make a grant, loan or other payment, on such terms and conditions as the relevant authority considers appropriate. (6) The terms and conditions may, in particular— (a) enable the relevant authority to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with, (b) require the payment of interest in respect of any period during which a sum due to the relevant authority in accordance with any of the terms and conditions remains unpaid, and (c) require a person to whom financial support is given to provide the relevant authority with any information it requests for the purpose of the exercise of any of its functions. (7) In subsections (5) and (6), “the relevant authority” means— (a) in the case of the power under subsection (1)(a), the Secretary of State; (b) in the case of the power under subsection (2)(a), the Welsh Ministers; (c) in the case of the power under subsection (3)(a), the Scottish Ministers; (d) in the case of the power under subsection (4)(a), the Northern Ireland Department having responsibility for higher education.

Interpretation

Definitions

111

(1) In this Part—

“Council” has the meaning given by section 92;

“humanities” includes the arts;

“knowledge exchange” has the meaning given by section 93;

“research and innovation strategy” has the meaning given by section 99;

“science” includes social sciences.

(2) In this Part, a reference to the United Kingdom includes a reference to any part of the United Kingdom.

Part 4 — General

112

(1) The OfS and UKRI may cooperate with one another in exercising any of their functions.

(2) The OfS and UKRI must, if required to do so by the Secretary of State, cooperate with one another in exercising any of their functions.

(3) The OfS may provide information to UKRI if the disclosure is made for the purposes of the exercise of any function of UKRI.

(4) UKRI may provide information to the OfS if the disclosure is made for the purposes of the exercise of any function of the OfS.

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

(a) an obligation of confidence owed by the person making the disclosure, or

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

(6) But nothing in this section authorises the OfS or UKRI 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).

Joint working

113

(1) A relevant authority may exercise any of its functions jointly with another relevant authority if the condition in subsection (2) is met.

(2) The condition is that it appears to the relevant authorities concerned that exercising the function jointly—

(a) will be more efficient, or

(b) will enable them more effectively to exercise any of their functions.

(3) In this section “relevant authority” means—

(a) the OfS,

(b) UKRI, but only in relation to functions exercisable by Research England pursuant to arrangements made under section 97,

(d) the Scottish Further and Higher Education Funding Council,

(e) the Secretary of State to the extent that the Secretary of State is exercising functions under section 14 of the Education Act 2002 (power to give financial assistance for purposes related to education or children etc),

(f) the Welsh Ministers to the extent that they are exercising their functions under any of the following provisions of the Tertiary Education and Research (Wales) Act 2022—

(i) section 92 (financial support by Welsh Ministers for certain higher education courses);

(ii) section 97 (financial support for further education or training);

(iii) section 100 (means tests);

(iv) section 103(1) (financial support for other activities connected to tertiary education), or

(g) the Department for the Economy in Northern Ireland, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in relation to funding higher education, or research, in Northern Ireland but only to the extent that the Department is exercising functions in connection with such funding.

(4) For the purposes of subsection (3)(g), “higher education” has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

Advice to Northern Ireland departments

114

(1) The OfS and UKRI may provide such advisory services as the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may require in connection with the discharge of the Department's functions relating to higher education in Northern Ireland.

(2) The services may be provided on such terms as may be agreed.

(3) For the purposes of this section “higher education” has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

Transfer schemes

115

Schedule 10 contains provision about schemes for the transfer of staff and property, rights and liabilities in connection with—

(a) the establishment of the OfS or UKRI by this Act, or

(b) a body or office ceasing to exist by virtue of this Act.

Power to make consequential provision etc

116

(1) The Secretary of State may by regulations make such provision as appears to the Secretary of State to be appropriate in consequence of any provision made by or under this Act.

(2) The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify—

(a) primary or secondary legislation passed or made before this Act or in the same Session as this Act, or

(b) subject to subsections (3) and (4), a Royal Charter granted before this Act is passed or in the same Session as this Act.

(3) Provision may be made under subsection (1) by virtue of subsection (2)(b) only if such provision appears to the Secretary of State to be appropriate in consequence of provision made by or under any of sections 42 to 60 (degree awarding powers and university title).

(4) Provision made under subsection (1) by virtue of subsection (2)(b) may not revoke a Royal Charter in its entirety.

Transitional, transitory or saving provision

117

The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Pre-commencement consultation

118

(1) Subsections (2) and (3) apply in relation to a provision of this Act under or by virtue of which the OfS has a function of consulting another person.

(2) At any time before the provision comes into force (and whether before or after the passing of this Act), the Secretary of State, the DFA or HEFCE or any of them acting jointly—

(a) may carry out any consultation that the OfS would have power or a duty to carry out after the provision comes into force, and

(b) for that purpose, may prepare drafts of any documents to which the consultation relates.

(3) At any time after the provision comes into force, the OfS may elect to treat any consultation carried out or other thing done under subsection (2) by the Secretary of State, the DFA or HEFCE (or any of them acting jointly) as carried out or done by the OfS.

(4) Where the OfS has a consultation function involving registered higher education providers, references to registered higher education providers in the provisions describing the consultees are to be read as references to English higher education providers—

(a) for the purposes of applying subsection (2) at any time when there are no registered higher education providers, and

(b) for the purposes of applying subsection (3) in relation to any thing done under subsection (2) in reliance upon paragraph (a) of this subsection.

(5) For the purposes of subsection (4), “a consultation function involving registered higher education providers” is a function of consulting—

(a) registered higher education providers (whether generally or a description of such providers), or

(b) persons with a connection (however described) to such providers.

(6) In subsections (4) and (5), “English higher education provider” and “registered higher education provider” have the same meaning as in Part 1 (see sections 83 and 85).

(7) Subsections (8) and (9) apply in relation to a provision of this Act under or by virtue of which UKRI has a function of consulting another person.

(8) At any time before the provision comes into force (and whether before or after the passing of this Act), the Secretary of State or HEFCE or the Secretary of State and HEFCE acting jointly—

(a) may carry out any consultation that UKRI would have power or a duty to carry out after the provision comes into force, and

(b) for that purpose, may prepare drafts of any documents to which the consultation relates.

(9) At any time after the provision comes into force, UKRI may elect to treat any consultation carried out or other thing done under subsection (8) by the Secretary of State or HEFCE (or the Secretary of State and HEFCE acting jointly) as carried out or done by UKRI.

(10) In this section—

“the DFA” means the Director of Fair Access to Higher Education;

“HEFCE” means the Higher Education Funding Council for England.

Regulations

119

(1) Any power to make regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 9(1) (prescribed description of providers for whom a transparency condition is mandatory);

(b) regulations under section 15(2) or 69B(3) (power to impose monetary penalties);

(d) regulations under section 32(1) (content of such a plan: equality of opportunity);

(e) regulations under section 39(3) (prescribed description of providers eligible for financial support);

(f) regulations under section 92(2) (regulations changing the structure of UKRI's Councils);

(g) regulations under section 95(5) (regulations in connection with changes made to structure of UKRI's Councils or changing the fields of activity of the Councils);

(h) regulations under section 116(1) (power to make consequential provision) which include provision that amends, repeals or revokes a provision of primary legislation or of a Royal Charter;

(i) regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing the higher amount, basic amount or floor amount), except regulations to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).

(3) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) But subsection (3) does not apply to regulations under Schedule 2 to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).

(5) Regulations under this Act may—

(a) make different provision for different purposes, cases or areas,

(b) make provision generally or only in relation to specified cases,

(d) include provision framed by reference to matters determined or published by the OfS (whether before or after the regulations are made).

(6) Nothing in this Act is to be regarded as affecting the generality of subsection (5).

(7) This section does not apply to regulations made under section 124 (commencement).

Directions

120

Any power conferred by this Act to give directions includes power, exercisable in the same manner and subject to the same conditions or limitations, to vary or revoke directions previously given.

General interpretation

121

In this Act—

“notice” means written notice (and to “notify” means to give written notice);

“the OfS” has the meaning given by section 1;

“primary legislation” means—an Act of Parliament;an Act of the Scottish Parliament;a Measure or Act of the National Assembly for Wales;Northern Ireland legislation;

“secondary legislation” means an instrument made under primary legislation;

“UKRI” has the meaning given by section 91.

Minor and consequential amendments

122

(1) Schedule 11 contains minor and consequential amendments relating to Part 1.

(2) Schedule 12 contains minor and consequential amendments relating to Part 3.

Extent

123

(1) Subject to the rest of this section, this Act extends to England and Wales only.

(2) The following provisions also extend to Scotland and Northern Ireland—

(a) section 25 (rating the quality of, and the standards applied to, higher education);

(b) sections 79 and 80 (powers to obtain and use application-to-acceptance information);

(d) Part 3 (research);

(e) this Part.

(3) Section 86(9)—

(a) so far as it relates to section 22(4B)(e) of the Teaching and Higher Education Act 1998, also extends to Scotland and Northern Ireland;

(b) so far as it relates to section 22(4B)(f), (g) and (h) of that Act, also extends to Northern Ireland.

(4) Any amendment or repeal made by this Act has the same extent within the United Kingdom as the enactment amended or repealed.

(5) Subsection (4) does not apply to the amendment made by section 86(4) (power to make alternative payments) which—

(a) so far as it inserts subsection (4B)(e) into section 22 of the Teaching and Higher Education Act 1998, extends to England and Wales, Scotland and Northern Ireland,

(b) so far as it inserts subsection (4B)(f), (g) and (h) into that section, extends to England and Wales and Northern Ireland, and

(6) Subsection (4) does not apply to the amendments and repeals made by paragraph 13 of Schedule 12 to section 41 of the Patents Act 1977 which have the same extent as that section.

Commencement

124

(1) The following provisions of this Part come into force on the day on which this Act is passed—

(a) sections 115 to 117;

(b) sections 119 to 121;

(d) this section;

(e) section 125.

(2) Sections 86, 87 and 88 come into force, so far as relating to a matter specified in an entry in column 1 of the following table, on such day as the person specified in the corresponding entry in column 2 of the table may by regulations made by statutory instrument appoint, after consulting the person (if any) specified in the corresponding entry in column 3 of the table.

1. Matters:	2. Commencement by:	3. After consulting:
Powers exercisable by the Welsh Ministers	The Welsh Ministers
Powers exercisable by the Secretary of State concurrently with the Welsh Ministers	The Secretary of State	The Welsh Ministers
Powers exercisable by the Secretary of State in relation to Wales	The Secretary of State	The Welsh Ministers
Other matters	The Secretary of State.

(3) Section 89(2)(h)(ii) and (4) come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by statutory instrument appoint.

(4) Section 110 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(5) The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(6) Regulations under this section may appoint different days for different purposes or areas.

Short title

125

(1) This Act may be cited as the Higher Education and Research Act 2017.

(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.

SCHEDULE 1

Status

1

(1) The OfS is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The OfS's property is not to be regarded—

(a) as the property of the Crown, or

(b) as property held on behalf of the Crown.

Membership

2

(1) The OfS is to consist of the following members appointed by the Secretary of State—

(a) a chair (“the chair”),

(b) the Chief Executive Officer,

(ca) the Director for Freedom of Speech and Academic Freedom, and

(d) at least seven and not more than twelve other members (“the ordinary members”).

(2) The Secretary of State must, in appointing the chair and the ordinary members, have regard to the desirability of the OfS's members (between them) having experience of—

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

(b) providing higher education on behalf of an English higher education provider or being responsible for the provision of higher education by such a provider,

(c) employing graduates of higher education courses provided by higher education providers covering a range of academic and practical disciplines,

(d) promoting choice for consumers or other service users, and encouraging competition, in industry or another sector of society,

(e) creating, reviewing, implementing or managing a regulatory system in industry or another sector of society,

(f) managing or auditing the financial affairs of an organisation, and

(g) a broad range of the different types of English higher education providers.

(3) But at least one of the ordinary members must have experience of representing or promoting the interests of individual students, or students generally, on higher education courses provided by higher education providers.

(4) A person may not be appointed as a member of the OfS if the person is a civil servant.

(5) In this Schedule, “civil servant” means a person employed in the civil service of the State.

The Director for Fair Access and Participation

3

(1) The Director for Fair Access and Participation (“the Access and Participation Director”) is responsible for—

(a) overseeing the performance of the OfS's access and participation functions,

(b) performing, in accordance with paragraph 11, any of those functions, or other functions, of the OfS which are delegated to the Access and Participation Director under that paragraph, and

(2) The Access and Participation Director may also report to the other members of the OfS on the measures taken by the OfS to comply with its duty under section 2(1)(e) (duty to have regard to the need to promote equality of opportunity etc) in performing a particular function of the OfS.

(3) For the purposes of this Schedule, the OfS's “access and participation functions” are the functions conferred on it by or under—

(a) section 21 (refusal to renew an access and participation plan),

(b) sections 29 to 34 (access and participation plans),

(d) section 36 (duty to protect institutional autonomy in performing certain access and participation functions), and

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