Legalize / United Kingdom / Public General Act

Higher Education and Research Act 2017

Type Public General Act

Publication 2017-04-27

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

Terms of appointment and tenure of members

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(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;

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(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

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(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

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(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

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(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.

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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

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(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

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(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

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(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

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(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

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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

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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

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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

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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

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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

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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

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(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

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(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

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(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

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(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

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(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

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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

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(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

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(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

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(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

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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

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(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

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(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

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(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

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(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

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(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

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

Oversight arrangements

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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

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(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

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(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

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(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

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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

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(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—

(a) power to require a person on the premises who is holding or accountable for items that are on the premises to produce them,

(b) power to require a person on the premises to provide an explanation of an item or state where an item may be found,

(c) in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away, and

(d) power to require a person on the premises to provide such other assistance as the authorised person may reasonably require.

(2) Those powers also include—

(a) power to check the operation of a computer or electronic storage device, and

(b) power to require a person within sub-paragraph (3) to provide the authorised person with such reasonable assistance as the authorised person may require for that purpose.

(3) A person is within this sub-paragraph if the person is—

(a) a person by whom or on whose behalf the computer or device is or has been used, or

(b) a person having charge of, or otherwise concerned with the operation of, the computer or device.

(4) The power conferred by a search warrant to inspect, copy, seize and retain items does not include power to inspect, copy, seize or retain excluded items.

(5) “Excluded items” means items that are—

(a) items subject to legal privilege (as defined in section 10 of the Police and Criminal Evidence Act 1984);

(b) excluded material (as defined in section 11 of that Act);

(6) If an item is seized from premises in the exercise of powers conferred by a search warrant, the authorised person executing the warrant—

(a) must make reasonable efforts to give a notice to a person who appears to be the occupier of the premises or otherwise to be in charge of the premises (an “affected person”), and

(b) if it is not reasonably practicable to do so, must leave a copy of the notice in a prominent place on the premises.

(7) A notice under sub-paragraph (6) must—

(a) state what has been seized and the reason for its seizure, and

(b) specify which registration condition or funding condition the authorised person believes has been breached.

(8) An authorised person exercising powers under a search warrant must—

(a) make a record of items seized from premises in the exercise of the powers, and

(b) if a person who appears to the authorised person to be an affected person in relation to the premises asks for a copy of that record, provide a copy of that record to that person within a reasonable time.

(9) An item which is seized in the exercise of powers under a search warrant may be retained as long as is necessary in all the circumstances, including for use as evidence on a prosecution for an offence.

(10) An item may not be retained for use as evidence on a prosecution for an offence if a photograph or a copy would be sufficient for that purpose.

(11) Nothing in this paragraph confers power to search a person.

Offence

7

(1) A person commits an offence if, without reasonable excuse, the person—

(a) intentionally obstructs the exercise of a power conferred by a search warrant, or

(b) fails to comply with a requirement reasonably imposed in the exercise of a power conferred by a search warrant.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Self-incrimination

8

(1) An explanation or information provided by a person in response to a requirement under paragraph 6(1)(b) or (d) or (2)(b) may be used in evidence against the person, subject to sub-paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a) no evidence relating to the explanation or information may be adduced by or on behalf of the prosecution, and

(b) no question relating to it may be asked by or on behalf of the prosecution.

(3) Sub-paragraph (2) does not apply if the proceedings are for—

(a) an offence under paragraph 7 of this Schedule, or

(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath).

(4) Sub-paragraph (2) does not apply if, in the proceedings—

(a) evidence relating to the explanation or information is adduced by or on behalf of the person who provided it, or

(b) a question relating to it is asked by or on behalf of that person.

Interpretation

9

(1) In this Schedule—

“authorised person” has the meaning given in paragraph 2;

“document” means anything in which information of any description is recorded;

“item” includes—a document;a computer or electronic storage device;

“linked institution”, in relation to a supported higher education provider, has the meaning given in section 61(3);

“relevant supported higher education provider” means—in the case of premises occupied by a supported higher education provider, that provider, andin the case of premises occupied by a linked institution in relation to a supported higher education provider, that provider;

“supported higher education provider” has the meaning given in section 61(2).

(2) For the purposes of this Schedule, references to items found on premises include—

(a) documents stored on computers or electronic storage devices on the premises, and

(b) documents stored elsewhere which can be accessed by computers on the premises.

SCHEDULE 6

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 be designated under this Schedule.

(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 be designated under this Schedule.

(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 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 be designated under this Schedule.

(3) If the OfS considers that there is only one body that is suitable to be designated under this Schedule, the OfS must recommend the designation of that body under this Schedule.

(4) If the OfS considers that there is more than one body that is suitable to be designated under this Schedule, the OfS must recommend the designation under this Schedule of whichever one of those bodies it considers appropriate.

(5) If the OfS considers that there is no body that is suitable to be designated under this Schedule, the OfS may not recommend the designation of a body under this Schedule.

(6) 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 the designation of a body (“the recommended body”) under this Schedule.

(2) The Secretary of State may designate the recommended body for the purposes of sections 64 and 65 only if the Secretary of State considers that the body is suitable to be designated under this Schedule.

(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 be designated under this Schedule

4

(1) A body is suitable to be designated under this Schedule if the body satisfies conditions A to D.

(2) Condition A is that the body is capable of performing the duties of the relevant body under sections 64(1) and 65(1) 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 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, or

(b) the designated body consents to the removal of the designation.

(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 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.

Oversight arrangements

7

The OfS must make arrangements for holding the designated body to account for the performance of its duties under sections 64(1) and 65(1).

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 its duties under sections 64(1) and 65(1) 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 its duties under sections 64(1) and 65(1) 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 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.

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

10

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

(a) how the designated body is performing its duties under section 64(1) or 65(1), or

(b) the continued suitability of the designated body to be designated under this Schedule.

Part 3 — Interpretation

11

(1) In this Schedule—

“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” has the same meaning as in section 65.

(2) References in this Schedule to a body that is suitable to be designated under this Schedule are to be read in accordance with paragraph 4.

SCHEDULE 7

Introduction

1

This Schedule applies in relation to the imposition by the OfS of a requirement to pay costs on the governing body of a provider under section 73.

Procedure

2

(1) The notice which the OfS gives the governing body under section 73(1) must specify—

(a) the amount required to be paid, and

(b) the period within which payment is required to be made (which must not be less than 28 days).

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

(a) how payment may be made,

(b) rights of appeal,

(d) the consequences of non-payment.

(3) The governing body may require the OfS to provide a detailed breakdown of the amount specified in the notice.

(4) The requirement to pay the costs 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 requirement to pay the costs, or

(b) such an appeal is pending.

(5) But that does not prevent the requirement to pay the costs taking effect if the governing body 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 73 to require it to pay costs;

(b) a decision as to the amount of those costs.

(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 costs;

(b) confirm that requirement;

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

Interest and recovery

4

(1) This paragraph applies if all or part of an amount of costs that a governing body is required to pay under section 73 is unpaid by the time when it is required to be paid.

(2) The unpaid amount of the costs 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 costs.

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

Retention of sums received

5

(1) The OfS must pay the sums received by it by way of a requirement to pay costs under section 73 to the Secretary of State except to the extent that the Secretary of State, with the consent of the Treasury, directs otherwise.

(2) The OfS must pay the sums received by it by way of interest under paragraph 4 to the Secretary of State.

SCHEDULE 8

Education Reform Act 1988

1

The Education Reform Act 1988 is amended as follows.

2

In section 122 (orders incorporating higher education institutions maintained by local authorities)—

(a) in the heading, after “local authorities” insert “ in Wales ”, and

(b) in subsection (1), after “local authority” insert “ in Wales ”.

3

Before section 122A insert—

(122ZA) (1) The Secretary of State may by order provide for a further education corporation in England to become a higher education corporation. (2) The first members of the higher education corporation are to be appointed by the governing body of the further education corporation. (3) On such date as may be specified in the order— (a) the corporation ceases to be a further education corporation and becomes a higher education corporation, and (b) any member of the further education corporation who is not re-appointed by the governing body as a member of the higher education corporation ceases to hold office.

4

In section 122A (orders transferring further education corporations to higher education sector)—

(a) in the heading, after “further education corporations” insert “ in Wales ”, and

(b) in subsection (1), after “further education corporation” insert “ in Wales ”.

5

In section 123 (provisions supplementary to sections 121 and 122)—

(a) in the heading, for “and 122” substitute “ to 122A ”,

(b) in subsection (1), after “by virtue of section” insert “ 122ZA or ”, and

6

Before section 124 insert—

(123A) (1) A higher education corporation in England has power— (a) to provide higher education; (b) to provide further education; (c) to provide secondary education suitable to the requirements of persons who have attained the age of 14 years; (d) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education); (e) to participate in the provision of secondary education at a school; and (f) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit. (2) A higher education corporation in England may not provide education of a kind specified in subsection (1)(c) or (d) unless they have consulted such local authorities as they consider appropriate. (123B) (1) A higher education corporation in England has power to do anything which appears to the corporation to be necessary or expedient for the purpose of, or in connection with, the exercise of any of their principal powers. (2) The corporation's “principal powers” are the powers conferred by section 123A(1).

7

In section 124 (powers of a higher education corporation)—

(a) in the heading, after “higher education corporation” insert “ in Wales ”, and

(b) in subsections (1), (1A) and (2), after “higher education corporation” insert “ in Wales ”.

8

Before section 124A insert—

(124ZA) (1) For each higher education corporation in England there is to be an instrument providing for the constitution of the corporation (to be known as the instrument of government). (2) A higher education corporation in England may vary, replace or revoke the instrument of government. (3) The corporation must not make changes to the instrument of government that (but for section 125A) would result in the corporation ceasing to be a charity. (124ZB) (1) The validity of any proceedings of a higher education corporation in England, or of a committee of such a corporation, is not affected by— (a) a vacancy among the members, or (b) a defect in the appointment or nomination of a member. (2) The application of the seal of a higher education corporation in England must be authenticated by the signature of— (a) the chair of the corporation or some other person authorised for that purpose by the corporation, and (b) any other member of the corporation. (3) A document purporting to be duly executed under the seal of a higher education corporation in England or signed on the corporation's 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. (4) The members for the time being of a higher education corporation in England are to be known as the board of governors of the institution conducted by the corporation.

9

In section 124A (constitution and conduct of higher education corporations)—

(a) in the heading, for “corporations” substitute “ higher education corporations in Wales ”, and

(b) in subsections (1), (2), (3)(a) (in each place), (4), (6), (7) and (8), after “higher education corporation” insert “ in Wales ”.

10

In section 124B(2)(b) (accounts), at the beginning insert “ in the case of a higher education corporation in Wales, ”.

11

In section 124C (initial and transitional arrangements)—

(a) in the heading, at the end insert “ : Wales ”,

(b) in subsection (1), after “a corporation” insert “ in Wales ”, and

12

Before section 125 insert—

(124E) (1) An institution conducted by a higher education corporation in England is to be conducted in accordance with articles of government made by the corporation. (2) The articles of government may make provision with respect to the powers of the corporation under section 123B. (3) A higher education corporation in England may vary, replace or revoke the articles of government. (4) The corporation must not make changes to the articles of government that (but for section 125A) would result in the corporation ceasing to be a charity.

13

In section 125 (articles of government)—

(a) in the heading, at the end insert “ : higher education corporations in Wales ”,

(b) in subsection (1), after “higher education corporation” insert “ in Wales ”, and

(i) after “higher education corporations” insert “ in Wales ”, and

(ii) after “higher education corporation” insert “ in Wales ”.

14

In section 125A (charitable status of a higher education corporation)—

(a) for “an English higher education corporation” substitute “ a higher education corporation in England ”, and

(b) for “Welsh higher education corporation” substitute “ higher education corporation in Wales ”.

15

In section 127(1) (transfer of staff to higher education corporations), after “higher education corporation” insert “ established under section 121 or 122 ”.

16

Before section 128 insert—

(127A) (1) If requested to do so by notice given by a higher education corporation in England, the Secretary of State may make an order providing for— (a) the dissolution of the corporation, and (b) the transfer of property, rights and liabilities of the corporation to— (i) a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description; (ii) a body corporate established for purposes which include the provision of such facilities or services; (iii) the Office for Students. (2) An order under this section must not provide for transferring the property, rights or liabilities of a higher education corporation in England to a person or body without the consent of the person or body. (3) Subsection (4) applies where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes. (4) Any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. (5) Before making an order under this section the Secretary of State must consult the Office for Students. (6) In this section “charitable purposes” has the meaning given by section 11 of the Charities Act 2011. (7) An order under this section may apply section 127 with such modifications as the Secretary of State may consider necessary or desirable.

17

In section 128 (dissolution of higher education corporations)—

(a) in the heading, after “higher education corporations” insert “ in Wales ”, and

(b) in subsections (1)(a), (2) and (4), after “higher education corporation” insert “ in Wales ”.

18

In section 129(5)(e) (designation of institutions), before “128” insert “ 127A or ”.

19

In section 157(2)(a) (variation of trust deeds etc: institutions conducted by higher education corporations), after “higher education corporation” insert “ in Wales ”.

20

In section 161(1) (interpretation of Part 2)—

(a) after paragraph (b) insert—

(ba) “further education corporation in England” means a further education corporation established to conduct an institution whose activities are carried on, or principally carried on, in England; (bb) “further education corporation in Wales” means a further education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales;

, and

(b) after paragraph (d) insert—

(e) “higher education corporation in England” means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in England; (f) “higher education corporation in Wales” means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales.

21

In Schedule 7 (the higher education corporations)—

(a) for the heading substitute “ Higher education corporations in Wales established before the appointed day ”, and

(b) in paragraph 1(1), (2) and (3)(a), after “higher education corporation” insert “ in Wales ”.

22

In Schedule 7A (instruments of government made by Privy Council), for the heading substitute “ Higher education corporations in Wales established on or after the appointed day: instruments of government made by Privy Council ”.

Further and Higher Education Act 1992

23

The Further and Higher Education Act 1992 is amended as follows.

24

(1) Section 78 (financial years of higher education corporations) is amended as follows.

(2) In the heading, at the end insert “ : Wales ”.

(3) In subsection (1), after “higher education corporations” insert “ in Wales ”.

(4) After subsection (2) insert—

(3) In this section “higher education corporation in Wales” means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales.

25

In section 90(1) (interpretation of Act), in the definition of “higher education corporation”, after “by virtue of section” insert “ 122ZA or ”.

26

In section 91 (interpretation of Education Acts), in subsection (6)(b), for “by virtue of section 122A” substitute “ by virtue of section 122ZA or 122A ”.

SCHEDULE 9

Status

1

(1) UKRI 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) UKRI'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 of UKRI

2

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

(a) a chair (“the chair”),

(b) the Chief Executive Officer (“the CEO”),

(d) at least nine and not more than twelve other members.

(2) In this Schedule, references to the “members of UKRI” are to the members mentioned in sub-paragraph (1).

(3) The chair may not also be the CEO or the CFO.

(4) Before appointing the members mentioned in sub-paragraph (1)(b) to (d), the Secretary of State must consult the chair.

(5) The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members (between them) having experience of—

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

(b) the development and exploitation of science, technology, new ideas and advancements in humanities, and

(6) The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members including at least one person with relevant experience in relation to at least one of Wales, Scotland and Northern Ireland.

(7) “Relevant experience” means experience of one or more of the following—

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

(b) the development or exploitation of science, technology, new ideas or advancements in humanities;

Membership of the Councils

3

(1) Each Council is to consist of—

(a) an executive chair appointed by the Secretary of State (the “executive chair”), and

(b) at least five and not more than twelve other members (the “ordinary Council members”).

(2) In this Schedule, a reference to the “Council members” is to the executive chair and the ordinary Council members of each Council.

(3) The Secretary of State may appoint one of the ordinary Council members of each Council after consulting the chair of UKRI.

(4) The other ordinary Council members are to be appointed by UKRI after consulting the executive chair.

(5) A majority of the ordinary Council members of a Council must be persons who are neither members, nor employees, of UKRI.

Terms of appointment and tenure

4

A person holds and vacates office as a member of UKRI or as a Council member in accordance with the terms of his or her appointment.

5

(1) This paragraph applies to a person (a “Ministerial appointee”) appointed as—

(a) a member of UKRI,

(b) an executive chair, or

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