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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

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(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

(e) section 37 (power of the Secretary of State to require a report).

Terms of appointment and tenure of members

4

(1) A person holds and vacates office as a member of the OfS in accordance with the terms of his or her appointment.

(2) The terms and conditions of a person's appointment as a member of the OfS are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule.

(3) The matters with which the terms and conditions of a member's appointment may deal include, in particular—

(a) the period for which the member is to hold office;

(b) the member's eligibility for re-appointment;

5

(1) A person may resign from office as a member of the OfS by notifying the Secretary of State.

(2) The Secretary of State may remove a person from office as a member of the OfS on any of the following grounds—

(a) absence from the OfS's meetings for a continuous period of more than six months without the OfS's permission,

(b) inability or unfitness to carry out the functions of the office, or

(3) If a person appointed as a member of the OfS becomes a civil servant, the person ceases to be a member.

Remuneration etc of members

6

(1) The OfS must pay to members of the OfS such remuneration as the Secretary of State may determine.

(2) The OfS must pay, or make provision for paying, to or in respect of a person who is or has been a member of the OfS such sums as the Secretary of State may determine in respect of pension, allowances, expenses or gratuities.

(3) If, where a person ceases to be a member of the OfS, the Secretary of State determines that he or she should be compensated because of special circumstances, the OfS must pay him or her compensation of such amount as the Secretary of State may determine.

Staffing of the OfS

7

(1) The OfS may—

(a) appoint employees, and

(b) make such other arrangements for the staffing of the OfS as it considers appropriate.

(2) The terms and conditions of appointment as employees are to be determined by the OfS with the approval of the Secretary of State.

(3) The OfS must pay its employees such remuneration as the OfS may determine with the approval of the Secretary of State.

(4) The OfS must pay, or make provision for paying, to or in respect of a person who is an employee of the OfS, such sums as the OfS may determine with the approval of the Secretary of State in respect of allowances or expenses.

(5) The OfS may pay, or make provision for paying—

(a) to or in respect of a person who is or has been an employee of the OfS, such sums as the OfS may determine with the approval of the Secretary of State in respect of pensions or gratuities, and

(b) to or in respect of a person who has been an employee of the OfS, such sums as the OfS may determine with the approval of the Secretary of State in respect of allowances or expenses.

(6) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert— “ Office for Students. ”

(7) The OfS must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the 1972 Act.

Committees

8

(1) The OfS may establish committees, and any committee so established may establish sub-committees.

(2) A committee or sub-committee so established is referred to in this Schedule as an “OfS committee”.

(3) An OfS committee may consist of or include persons who are neither members, nor employees, of the OfS.

(4) The OfS must pay such allowances as the Secretary of State may determine to any person who—

(a) is a member of an OfS committee, but

(b) is neither a member, nor an employee, of the OfS.

(5) The OfS must keep under review—

(a) the structure of the OfS committees, and

(b) the scope of each committee's activities.

Procedure

9

(1) The OfS may determine—

(a) its own procedure, and

(b) the procedure of any OfS committee;

but that is subject to the rest of this paragraph.

(2) The quorum for a meeting of the OfS is half the number of its members.

(3) A representative of the Secretary of State is entitled—

(a) to attend any meeting of the OfS or of any OfS committee, and

(b) to take part in any deliberations (but not in decisions) at such meetings.

(4) The OfS must provide the Secretary of State, or a representative of the Secretary of State, with such copies of documents distributed to its members or to any OfS committee as the Secretary of State or representative may require it to provide.

10

The validity of any proceedings of the OfS, or of any OfS committee, is not affected by a vacancy or a defective appointment.

Delegation of functions

11

(1) The OfS may delegate any of its functions to—

(a) a member of the OfS,

(b) an employee of the OfS authorised for that purpose, or

(2) But a function which is one of the OfS's access and participation functions may only be delegated to the Access and Participation Director.

(3) A function is delegated under this paragraph to the extent, and on the terms that, the OfS determines.

Accounts and audit

12

(1) The OfS must—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) its content and form;

(b) the methods and principles to be applied in preparing it;

(3) The OfS must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts, and

(b) send a copy of each report and certified statement to the Secretary of State.

(5) The Secretary of State must lay before Parliament a copy of each such report and certified statement.

(6) In this Schedule “financial year” means—

(a) the period beginning with the date on which the OfS is established and ending with the second 31 March following that date, and

(b) each successive period of 12 months.

Annual report

13

(1) The OfS must prepare a report on the performance of its functions during each financial year.

(2) The report must include the statement of accounts in respect of that year.

(3) The report must include a statement regarding how the OfS has cooperated with UKRI during that year.

(3A) The report must include—

(a) a summary of information received by the OfS pursuant to sections 69D and 69E for that year, and

(b) a summary of conclusions drawn by the OfS for that year, from its monitoring under sections 69D(1) and 69E(1), regarding relevant patterns, trends or other matters which it has identified and which are of concern to the OfS.

(4) If, at any time in the financial year to which the report relates, all of the OfS's access and participation functions were not delegated to the Access and Participation Director under paragraph 11, the report must include a statement specifying—

(a) the period or periods in that year during which those functions were not delegated to the Access and Participation Director, and

(b) the reasons why they were not so delegated.

(5) The report relating to a financial year must be prepared as soon as possible after the end of the financial year.

(6) The OfS must send the report to the Secretary of State.

(7) The Secretary of State must lay the report before Parliament.

Seal and evidence

14

(1) The application of the OfS's seal must be authenticated by the signature of—

(a) the chair or some other person authorised for that purpose by the OfS, and

(b) one other member of the OfS.

(2) A document purporting to be duly executed under the OfS's seal or signed on its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the contrary is shown.

Supplementary powers

15

(1) The OfS may do anything (except borrow money) which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) In particular, the OfS may—

(a) acquire and dispose of land and other property,

(b) enter into contracts,

(d) accept gifts of money, land or other property.

Public records

16

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert— “ Office for Students. ”

Investigation by the Parliamentary Commissioner

17

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ Office for Students. ”

House of Commons disqualification

18

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Office for Students. ”

Northern Ireland Assembly disqualification

19

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Office for Students. ”

Freedom of information

20

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), at the appropriate place insert— “ The Office for Students. ”

Public sector equality duty

21

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Other educational bodies”, at the appropriate place insert— “ The Office for Students. ”

SCHEDULE 2

Introduction

1

(1) This Schedule is about determining the amount of “the fee limit” where a fee limit condition is an ongoing registration condition of a registered higher education provider.

(2) The amount of “the fee limit” for the purposes of applying that condition to fees in connection with a qualifying course and in respect of an academic year is determined in the case of each provider and each qualifying course as follows.

(3) References to “the relevant course” and “the relevant academic year” are to that course and year.

The fee limit where the provider has an access and participation plan

2

(1) This paragraph applies if an access and participation plan approved by the OfS under section 29 in relation to the provider is in force, or comes into force, when the relevant academic year begins.

(2) If the provider—

(a) had a high level quality rating at the relevant time, the fee limit is such limit, not exceeding the higher amount, as is provided by the plan for the relevant course and for the relevant academic year, and

(b) in any other case, the fee limit is such limit, not exceeding the sub-level amount, as is provided by the plan for the relevant course and for the relevant academic year.

(3) “A high level quality rating” means such rating or ratings given in accordance with arrangements made under section 25 (rating the quality of, and the standards applied to, higher education) as the Secretary of State determines to be a high level quality rating for the purposes of this paragraph.

(4) “The relevant time” means at the time when the access and participation plan is approved.

(5) “The higher amount” means such amount as may be prescribed for the purposes of sub-paragraph (2)(a) as the higher amount.

(6) “The sub-level amount” means such amount as may be determined by the Secretary of State for the purposes of sub-paragraph (2)(b)—

(a) as the sub-level amount in respect of the higher amount, or

(b) where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a), as the sub-level amount in respect of each higher amount.

(7) Different amounts may be determined under sub-paragraph (6) for different descriptions of provider.

(8) Those descriptions of provider may be by reference only to—

(a) whether a provider has or has not a rating given to it in accordance with arrangements under section 25, and

(b) where it has such a rating, the level, type or other description of the rating.

(9) Any amount determined as “the sub-level amount”—

(a) must not exceed the higher amount, and

(b) must be equal to or greater than the floor amount.

(10) But any amount determined as “the sub-level amount” for a description of provider by virtue of sub-paragraph (7) must be equal to the higher amount where—

(a) the description is of providers who have a rating given to them in accordance with arrangements under section 25, and

(b) the amount is in respect of an academic year which begins before 1 August 2020.

(11) “The floor amount” means such amount as may be prescribed for the purposes of this paragraph—

(a) as the floor amount in respect of the higher amount, or

(b) where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a), as the floor amount in respect of each higher amount.

(12) Where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a)—

(a) the reference in sub-paragraph (9)(a) to the higher amount is to the higher amount in respect of which the sub-level amount is determined, and

(b) the reference in sub-paragraph (9)(b) to the floor amount is to the floor amount prescribed under sub-paragraph (11) in respect of that higher amount.

(13) “Prescribed” means prescribed by regulations made by the Secretary of State.

The fee limit where the provider has no access and participation plan

3

(1) This paragraph applies if an access and participation plan approved by the OfS under section 29 in relation to the provider is not in force, and does not come into force, when the relevant academic year begins.

(2) If the provider—

(a) had a high level quality rating within the meaning of paragraph 2 at the relevant time, the fee limit is the basic amount, and

(b) in any other case, the fee limit is the sub-level amount.

(3) “The relevant time” means on 1 January in the calendar year ... in which the relevant academic year begins.

(4) “The basic amount” means such amount as may be prescribed for the purposes of sub-paragraph (2)(a) as the basic amount.

(5) “The sub-level amount” means such amount as may be determined by the Secretary of State for the purposes of sub-paragraph (2)(b)—

(a) as the sub-level amount in respect of the basic amount, or

(b) where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a), as the sub-level amount in respect of each basic amount.

(6) Different amounts may be determined under sub-paragraph (5) for different descriptions of provider.

(7) Those descriptions of provider may be by reference only to—

(a) whether a provider has or has not a rating given to it in accordance with arrangements under section 25, and

(b) where it has such a rating, the level, type or other description of the rating.

(8) Any amount determined as “the sub-level amount”—

(a) must not exceed the basic amount, and

(b) must be equal to or greater than the floor amount.

(9) But any amount determined as “the sub-level amount” for a description of provider by virtue of sub-paragraph (6) must be equal to the basic amount where—

(a) the description is of providers who have a rating given to them in accordance with arrangements under section 25, and

(b) the amount is in respect of an academic year which begins before 1 August 2020.

(10) “The floor amount” means such amount as may be prescribed for the purposes of this paragraph—

(a) as the floor amount in respect of the basic amount, or

(b) where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a), as the floor amount in respect of each basic amount.

(11) Where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a)—

(a) the reference in sub-paragraph (8)(a) to the basic amount is to the basic amount in respect of which the sub-level amount is determined, and

(b) the reference in sub-paragraph (8)(b) to the floor amount is to the floor amount prescribed under sub-paragraph (10) in respect of that basic amount.

(12) “Prescribed” means prescribed by regulations made by the Secretary of State.

Accelerated courses

4

(1) The power for regulations to prescribe different amounts for different cases or purposes by virtue of section 119(5)(a) includes power for regulations under paragraph 2 or 3 to prescribe different amounts as the higher amount, basic amount and floor amount in the case of an accelerated course.

(2) An “accelerated course” means a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award.

Procedure

5

(1) The Secretary of State must—

(a) notify the OfS of initial and subsequent determinations made under—

(i) paragraph 2(3) (meaning of “a high level quality rating” for the purposes of paragraph 2),

(ii) paragraph 2(6) (meaning of “the sub-level amount” for the purposes of paragraph 2), or

(iii) paragraph 3(5) (meaning of “the sub-level amount” for the purposes of paragraph 3), and

(b) publish those determinations.

(2) No regulations may be made under paragraph 2 increasing the higher amount unless—

(a) the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms, or

(b) each House of Parliament has passed a resolution that, with effect from a date specified in the resolution, the higher amount should be increased to an amount specified in the resolution, and the increase is an increase to the specified amount with effect from the specified date.

(3) For the purposes of sub-paragraph (2)(a), the Secretary of State is to have regard to such index of prices as may be specified in, or determined in accordance with, regulations made by the Secretary of State under this sub-paragraph.

SCHEDULE 3

Introduction

1

This Schedule applies in relation to the imposition by the OfS of a monetary penalty on a registered higher education provider under section 15.

Procedure

2

(1) Before imposing a monetary penalty on the provider under that section, the OfS must notify the provider of its intention to do so.

(2) The notice must—

(a) specify the proposed amount of the penalty,

(b) specify the OfS's reasons for proposing to impose the penalty,

(c) specify the period during which the provider may make representations about the proposal (“the specified period”), and

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

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

(4) The OfS must have regard to any representations made by the provider during the specified period in deciding whether to impose a monetary penalty on it.

(5) Having decided whether or not to impose a monetary penalty, the OfS must notify the provider of its decision.

(6) Where the decision is to impose a monetary penalty, the notice must specify—

(a) the amount of the penalty, and

(b) the period within which the penalty must be paid or the periods within which different portions of the penalty must be paid.

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

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) the period within which an appeal may be made, and

(e) the consequences of non-payment.

(8) The requirement to pay the penalty is suspended at any time when—

(a) an appeal under paragraph 3(1)(a) or (b), or a further appeal, could be brought in respect of the penalty, or

(b) such an appeal is pending.

(9) But that does not prevent the requirement to pay taking effect if the provider notifies the OfS that it does not intend to appeal.

Appeals

3

(1) The governing body of a provider may appeal to the First-tier Tribunal against—

(a) a decision under section 15 to impose a monetary penalty on the provider;

(b) a decision as to the amount of the penalty.

(2) An appeal under this paragraph may be made on the grounds—

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

(b) that the decision was wrong in law;

(3) On an appeal under this paragraph the Tribunal may—

(a) withdraw the requirement to pay the penalty;

(b) confirm that requirement;

(d) remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to the OfS.

Interest and recovery

4

(1) This paragraph applies if all or part of a monetary penalty imposed on a provider under section 15 is unpaid by the time when it is required to be paid.

(2) The unpaid amount of the penalty for the time being—

(a) carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838, and

(b) does not also carry interest as a judgment debt under that section.

(3) The total amount of interest imposed under sub-paragraph (2) must not exceed the amount of the penalty.

(4) The OfS may recover from the provider, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.

Retention of sums received

5

The OfS must pay the sums received by it by way of a penalty under section 15 or interest under paragraph 4 to the Secretary of State.

SCHEDULE 4

Part 1 — Designation

Consultation prior to recommendation

1

(1) The OfS may consult in accordance with sub-paragraph (3) about whether there is a body that is suitable to perform the assessment functions.

(2) The Secretary of State may direct the OfS to consult in accordance with sub-paragraph (3) about whether there is a body that is suitable to perform the assessment functions.

(3) The OfS consults in accordance with this sub-paragraph if it consults—

(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 in England 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.

Recommendation

2

(1) This paragraph applies where the OfS has consulted in accordance with paragraph 1.

(2) The OfS must consider whether there is a body that is suitable to perform the assessment functions.

(3) If the OfS considers that there is only one body that is suitable to perform the assessment functions, the OfS must recommend that body to be designated to perform those functions.

(4) If the OfS considers that there is more than one body that is suitable to perform the assessment functions, the OfS must recommend the most appropriate body to be designated to perform those functions.

(5) “The most appropriate body” means, out of those bodies, the body whose designation the OfS considers would be most appropriate for securing the effective assessment of the quality of, and the standards applied to, higher education provided by English higher education providers.

(6) If the OfS considers that there is no body that is suitable to perform the assessment functions, the OfS may not recommend a body to be designated to perform those functions.

(7) The OfS must—

(a) notify the Secretary of State of its recommendation or that no recommendation is made, and

(b) publish that notification.

Designation

3

(1) This paragraph applies where, in accordance with paragraph 2, the OfS recommends that a body (“the recommended body”) be designated to perform the assessment functions.

(2) The Secretary of State may designate the recommended body only if the Secretary of State considers that—

(a) the body is suitable to perform the assessment functions, and

(b) designating the body would be appropriate for securing the effective assessment of the quality of, and the standards applied to, higher education provided by English higher education providers.

(3) If the Secretary of State decides to designate the recommended body, the Secretary of State must—

(a) notify the body of the designation before the date on which the designation takes effect (“the effective date”), and

(b) publish notice of the designation before that date.

(4) The notice of the designation must state—

(a) the name of the body, and

(b) the effective date.

(5) If the Secretary of State decides not to designate the recommended body, the Secretary of State must publish the reasons for not doing so.

Bodies suitable to perform assessment functions

4

(1) A body is suitable to perform the assessment functions if the body satisfies conditions A to D.

(2) Condition A is that the body is capable of performing the assessment functions in an effective manner.

(3) Condition B is that—

(a) the persons who determine the strategic priorities of the body represent a broad range of registered higher education providers,

(b) the body commands the confidence of registered higher education providers, and

(4) Condition C is that the body consents to being designated under this Schedule.

(5) Condition D is that the body is a body corporate and is not—

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

(b) a body to which the Secretary of State appoints members.

Removal of designation

5

(1) The Secretary of State may by notice remove a designation under this Schedule.

(2) The notice must—

(a) include the reasons for the Secretary of State's decision, and

(b) specify the date on which the designation is removed.

(3) The Secretary of State may only remove the designation if—

(a) the Secretary of State is satisfied that removing the designation would be appropriate for securing the effective assessment of the quality of, and the standards applied to, higher education provided by English higher education providers,

(b) the Secretary of State is satisfied that the designated body is failing to perform in an effective manner its functions under section 46, or

(4) Before removing the designation the Secretary of State must consult—

(a) the OfS,

(b) a number of registered higher education providers that, taken together, appear to the Secretary of State to comprise a broad range of the different types of such providers,

(c) a number of persons that, taken together, appear to the Secretary of State to represent, or promote the interests of, a broad range of students on higher education courses provided in England by registered higher education providers,

(d) a number of persons that, taken together, appear to the Secretary of State to represent, or promote the interests of, a broad range of employers of graduates, and

(e) such other persons as the Secretary of State considers appropriate.

(5) In determining whether a designation under this Schedule should be removed, the Secretary of State must have regard to any relevant information that the OfS has provided to the Secretary of State.

(6) The Secretary of State must publish a notice under this paragraph.

Part 2 — Oversight by the OfS

Application

6

This Part applies if there is a body designated under this Schedule to perform the assessment functions.

Oversight arrangements

7

The OfS must make arrangements for holding the designated body to account for the performance of the assessment functions.

Annual report by the designated body

8

(1) As soon as possible after the end of each annual reporting period, the designated body must prepare and send to the OfS a report about the performance of the assessment functions during the period.

(2) “Annual reporting period”, in relation to a designated body, means—

(a) the period of 12 months beginning with the effective date, and

(b) each successive period of 12 months.

Triennial report by the OfS

9

(1) As soon as possible after the end of each triennial reporting period, the OfS must prepare and send to the Secretary of State a triennial report about—

(a) how the designated body has performed the assessment functions during the period,

(b) whether the designated body should continue to be designated under this Schedule,

(d) any other matters that the OfS considers relevant.

(2) In preparing a triennial report, the OfS must have regard to any views provided to the OfS by a person listed in sub-paragraph (3) about—

(a) the matters listed in sub-paragraph (1)(a) to (c), and

(b) what other matters, if any, should be dealt with in the report.

(3) Those persons are—

(a) registered higher education providers,

(b) persons representing, or promoting the interests of, students on higher education courses provided in England by registered higher education providers,

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

(4) “Triennial reporting period”, in relation to a designated body, means—

(a) the period of 3 years beginning with the effective date, and

(b) each successive period of 3 years.

Power of the OfS to give directions

10

(1) The OfS may give the designated body general directions about the performance of any of the assessment functions.

(2) In giving such directions, the OfS must have regard to the need to protect—

(a) the expertise of the designated body, and

(b) the designated body's ability to make, or make arrangements for, an impartial assessment of the quality of, and the standards applied to, higher education provided by a provider.

(3) Such directions must relate to—

(a) English higher education providers or registered higher education providers generally, or

(b) a description of such providers.

(4) The designated body must comply with any directions given under this paragraph.

Duty of the OfS to inform the Secretary of State about significant concerns

11

The OfS must inform the Secretary of State if it has significant concerns about—

(a) how the designated body is performing the assessment functions, or

(b) the continued suitability of the designated body to carry out those functions.

Part 3 — Interpretation

12

(1) In this Schedule—

“the assessment functions” has the meaning given in section 27;

“designated body” means a body for the time being designated under this Schedule;

“the effective date”, in relation to a designated body, has the meaning given in paragraph 3;

“graduate” means a graduate of a higher education course provided in England by a registered higher education provider.

(2) References in this Schedule to a body that is suitable to perform the assessment functions are to be read in accordance with paragraph 4.

SCHEDULE 5

Power to issue search warrant

1

(1) A justice of the peace who is satisfied that the requirements in sub-paragraph (3) are met in relation to relevant higher education premises may issue a warrant under this paragraph (a “search warrant”) in respect of the premises.

(2) “Relevant higher education premises” means premises in England which—

(a) are occupied by a supported higher education provider or a linked institution in relation to such a provider, and

(b) are used for, or in connection with, the provision of higher education courses by such a provider,

but does not include premises which are used wholly or mainly as a private dwelling.

(3) The requirements of this sub-paragraph are met in relation to premises occupied by a supported higher education provider or a linked institution in relation to such a provider if—

(a) there are reasonable grounds for suspecting that there is, or has been, a breach of a registration condition or funding condition of the provider,

(b) the suspected breach is sufficiently serious to justify entering the premises,

(d) either of the requirements in sub-paragraph (4) is met.

(4) The requirements referred to in sub-paragraph (3)(d) are—

(a) that entry to the premises has been, or it is likely to be, refused;

(b) that requesting entry may frustrate or seriously prejudice the purpose of entry.

(5) References in this Schedule to a registration condition of a supported higher education provider are to an ongoing registration condition of the provider (see section 3(8)).

(6) References in this Schedule to a funding condition of a supported higher education provider are to—

(a) a term or condition subject to which a grant, loan or other payment under section 39 or 40 (financial support for providers) was paid to the provider, or

(b) a condition imposed on the provider by or under regulations made under section 22 of the Teaching and Higher Education Act 1998 (financial support for students) in connection with the designation of a course for the purposes of that section.

Application for search warrant by an authorised person

2

(1) A search warrant may be issued only on the application of a person authorised in writing by the OfS or the Secretary of State to exercise the powers conferred by a search warrant (an “authorised person”).

(2) An application for a search warrant in respect of premises may be made without notice being given to—

(a) the supported higher education provider or linked institution occupying the premises, or

(b) any other persons who may be affected by it.

(3) An application for a search warrant in respect of premises must be supported by an information in writing.

(4) An authorised person applying for a search warrant must answer on oath any question that the justice of the peace hearing the application asks the person.

Search warrant

3

(1) A search warrant must—

(a) specify the name of the authorised person who applied for it,

(b) specify the date on which it is issued,

(d) specify the premises to be searched,

(e) specify the supported higher education provider or linked institution occupying the premises, and

(f) identify, so far as is possible, the suspected breach of a registration condition or funding condition of the provider.

(2) A search warrant may permit or require a constable to accompany an authorised person who is executing it.

(3) A search warrant authorises an authorised person to enter each set of premises specified in the warrant on one occasion only unless it specifies that it authorises multiple entries.

(4) If a search warrant specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited or limited to a specified maximum.

(5) Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries.

(6) As many copies as are reasonably required may be made of any other kind of search warrant.

(7) The copies made under sub-paragraphs (5) and (6) must be clearly certified as copies.

Powers conferred by search warrant

4

(1) A search warrant authorises an authorised person—

(a) to enter the premises specified in the warrant at a reasonable hour,

(b) to search the premises to the extent that is reasonably required for the purpose of determining whether there is, or has been, a breach of a registration condition or funding condition of the relevant supported higher education provider,

(d) for that purpose, to copy documents found on the premises, and

(e) to seize and retain items found on the premises which the authorised person reasonably believes are evidence of a breach of a registration condition or a funding condition of the relevant supported higher education provider.

(2) A search warrant may be executed by any authorised person.

(3) A constable accompanying an authorised person under paragraph 3(2) may, if necessary, use reasonable force to enable the exercise of the powers conferred by the warrant.

(4) An authorised person entering premises under a search warrant may—

(a) be accompanied by such other persons as the authorised person considers necessary, and

(b) take onto the premises such equipment as the authorised person considers necessary.

Entering and searching premises

5

(1) Where the occupier of the premises to be entered and searched is present at the time when an authorised person seeks to execute a search warrant, the authorised person must—

(a) identify himself or herself to the occupier,

(b) produce to the occupier documentary evidence that he or she is an authorised person,

(d) supply the occupier with a certified copy of it.

(2) Where the occupier of the premises is not present at the time when an authorised person seeks to execute a search warrant—

(a) if another person who appears to the authorised person to be in charge of the premises is present, sub-paragraph (1) has effect as if references to the occupier were references to the other person;

(b) if there is no such person present, the authorised person must leave a certified copy of the warrant in a prominent place on the premises.

(3) An authorised person who enters premises under a search warrant must take reasonable steps to ensure that, when the authorised person leaves the premises, they are as secure as they were before the authorised person entered them.

(4) Entry and search under a search warrant may not take place after the end of the period of one month beginning with the date on which it is issued.

Inspecting, copying, seizing and retaining items

6

(1) The powers conferred by a search warrant to inspect, copy, seize and retain items found on premises include—

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Higher Education and Research Act 2017

Research and innovation functions and role of the Councils

UK research and innovation functions

93

Financial support: supplementary provision

94

Exercise of functions by science and humanities Councils

95

Exercise of functions by Innovate UK

96

Exercise of functions by Research England

97

Exercise of functions by the Councils: supplementary

98

Strategies and strategic delivery plans

UKRI’s research and innovation strategy

99

Councils’ strategic delivery plans

100

Funding and directions

Grants to UKRI from the Secretary of State

101

Secretary of State’s power to give directions to UKRI

102

Haldane principle, balanced funding and advice from UKRI

103

General functions

General duties

104

Power to require information and advice from UKRI

105

Studies for improving economy, efficiency and effectiveness

106

Provision of research services

107

Representing the United Kingdom

108

Supplementary

Predecessor bodies and preservation of symbolic property

109

Amendments to powers to support research

110

Interpretation

Definitions

111

Part 4 — General

Cooperation and information sharing between the OfS and UKRI

112

Joint working

113

Advice to Northern Ireland departments

114

Transfer schemes

115

Power to make consequential provision etc

116

Transitional, transitory or saving provision

117

Pre-commencement consultation

118

Regulations

119

Directions

120

General interpretation

121

Minor and consequential amendments

122

Extent

123

Commencement

124

Short title

125

SCHEDULE 1

Status

1

Membership

2

The Director for Fair Access and Participation