Higher Education and Research Act 2017

• (c) an ordinary Council member where the appointment was made by the Secretary of State.

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

• (3) A Ministerial appointee may resign from office as a member of UKRI, executive chair or an ordinary Council member by notifying the Secretary of State.

• (4) The Secretary of State may remove a Ministerial appointee from office on any of the following grounds—

• (a) absence from UKRI's or the Council's meetings, as the case may be, for a continuous period of more than six months without UKRI's or the Council's permission,

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

• (c) such other grounds as the Secretary of State considers appropriate.

6

• (1) This paragraph applies to a person (an “UKRI appointee”) appointed as an ordinary Council member where the appointment was made by UKRI.

• (2) The terms and conditions of an UKRI appointee's appointment are to be determined by UKRI; but that is subject to the following provisions of this Schedule.

• (3) An UKRI appointee may resign from office as an ordinary Council member by notifying UKRI.

• (4) UKRI may remove an UKRI appointee from office on any of the following grounds—

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

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

• (c) such other grounds as UKRI considers appropriate.

Remuneration etc

7

• (1) UKRI must pay to members of UKRI and Council members such remuneration as the Secretary of State may determine.

• (2) UKRI must pay, or make provision for paying, to or in respect of a person who is or has been a member of UKRI or a Council member, 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 UKRI or a Council member, the Secretary of State determines that he or she should be compensated because of special circumstances, UKRI must pay him or her compensation of such amount as the Secretary of State may determine.

Staffing of UKRI

8

• (1) UKRI may—

• (a) appoint employees, and

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

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

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

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

• (5) UKRI may pay, or make provision for paying—

• (a) to or in respect of a person who is or has been an employee of UKRI, such sums as UKRI 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 UKRI, such sums as UKRI 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— “ United Kingdom Research and Innovation. ”

• (7) UKRI 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.

Executive Committee

9

• (1) UKRI must establish a committee called “the Executive Committee”.

• (2) The Executive Committee is to consist of—

• (a) the CEO, who is to be its chair,

• (b) the CFO,

• (c) the executive chair of each of the Councils, and

• (d) such other members as the CEO may appoint.

• (3) Those appointed under sub-paragraph (2)(d)—

• (a) must be employees of UKRI, and

• (b) if they cease to be such employees, may not continue as members appointed under that provision.

• (4) The Executive Committee may establish sub-committees, and a sub-committee so established is referred to in this Schedule as an “Executive sub-committee”.

• (5) An Executive sub-committee may include persons who are not members of UKRI, Council members or employees of UKRI.

• (6) UKRI must pay such allowances as the Secretary of State may determine to any person who—

• (a) is a member of an Executive sub-committee, but

• (b) is not a member of UKRI, a Council member or an employee of UKRI.

Other committees and sub-committees

10

• (1) UKRI may establish committees (in addition to the Councils and the Executive Committee).

• (2) A committee established under sub-paragraph (1) may establish sub-committees.

• (3) A committee or sub-committee established under sub-paragraph (1) or (2) is referred to in this Schedule as a “general committee”.

• (4) A Council may establish sub-committees and a sub-committee so established is referred to in this Schedule as a “Council sub-committee”.

• (5) A general committee and a Council sub-committee may include persons who are not members of UKRI, Council members or employees of UKRI.

• (6) UKRI must pay such allowances as the Secretary of State may determine to any person who—

• (a) is a member of a general committee or a Council sub-committee, but

• (b) is not a member of UKRI, a Council member or an employee of UKRI.

• (7) UKRI must keep under review—

• (a) the structure of the general committees, and

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

• (8) Each Council must keep under review—

• (a) the structure of its Council sub-committees, and

• (b) the scope of each such sub-committee's activities.

Procedure

11

• (1) UKRI, a Council and the Executive Committee may each determine their own procedure and the procedure of any relevant committee.

• (2) “Relevant committee” means—

• (a) in the case of UKRI, a general committee,

• (b) in the case of a Council, a Council sub-committee established by it, and

• (c) in the case of the Executive Committee, an Executive sub-committee.

• (3) But sub-paragraph (1) is subject to the rest of this paragraph.

• (4) The quorum for a meeting of UKRI or a Council is half the number of its members.

• (5) The Secretary of State, or a representative of the Secretary of State, is entitled—

• (a) to attend any meeting of UKRI or of any Council, Council sub-committee or general committee, and

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

• (6) UKRI 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 general committee as the Secretary of State or the representative may require it to provide.

• (7) A Council 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 Council sub-committee as the Secretary of State or the representative may require it to provide.

12

The validity of any proceedings of UKRI, or of any Council, Council sub-committee or general committee, or of the Executive Committee or any Executive sub-committee, is not affected by a vacancy or a defective appointment.

Delegation of functions by UKRI

13

• (1) UKRI may delegate any of its functions to—

• (a) a member of UKRI,

• (b) an employee authorised for that purpose,

• (c) a Council or a Council sub-committee, or

• (d) a general committee.

• (2) A function is delegated under this paragraph to the extent, and on the terms that, UKRI determines.

Accounts and audit

14

• (1) UKRI 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;

• (c) the additional information (if any) which is to be provided for the information of Parliament.

• (3) UKRI 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 UKRI is established and ending with the second 31 March following that date, and

• (b) each successive period of 12 months.

Annual report

15

• (1) UKRI must prepare a report on the exercise 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 UKRI has cooperated with the OfS during that year.

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

• (5) UKRI must send the report to the Secretary of State.

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

Seal and evidence

16

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

• (a) a member of UKRI, or

• (b) another person authorised for that purpose by UKRI.

• (2) A document purporting to be duly executed under UKRI'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.

• (3) But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

Supplementary powers

17

• (1) UKRI may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

• (2) In particular, UKRI may—

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

• (b) enter into contracts, and

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

• (3) But UKRI may do any of the following only in accordance with terms and conditions specified from time to time by the Secretary of State—

• (a) borrow money;

• (b) enter into joint ventures;

• (c) form, participate in forming, or invest in, a company, partnership or other similar form of organisation;

• (d) invest sums.

Public records

18

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— “ United Kingdom Research and Innovation. ”

Investigation by the Parliamentary Commissioner

19

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ United Kingdom Research and Innovation. ”

House of Commons disqualification

20

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— “ United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017). ”

Northern Ireland Assembly disqualification

21

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— “ United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017). ”

Freedom of information

22

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— “ United Kingdom Research and Innovation. ”

Public sector equality duty

23

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 “Industry, business, finance etc”, at the end insert— “ United Kingdom Research and Innovation. ”

SCHEDULE 10

Transfer schemes

1

• (1) The Secretary of State may make one or more property transfer schemes or staff transfer schemes in connection with—

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

• (b) any of the following ceasing to exist by virtue of this Act—

• (i) the Higher Education Funding Council for England,

• (ii) the office of Director of Fair Access to Higher Education, or

• (iii) a research council listed in section 109(1).

• (2) In this Schedule, a “permitted transferor” means the Secretary of State or a body or office listed in sub-paragraph (1)(b).

• (3) A “property transfer scheme” is a scheme for the transfer from a permitted transferor of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to a permitted transferee.

• (4) A “staff transfer scheme” is a scheme for the transfer from a permitted transferor of any rights or liabilities under or in connection with a contract of employment to a permitted transferee.

• (5) In this Schedule, a “permitted transferee” means—

• (a) the OfS,

• (b) UKRI,

• (c) the Secretary of State, or

• (d) such other person as may be specified by the Secretary of State in the scheme.

Supplementary

2

• (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred;

• (b) property acquired, and rights and liabilities arising, after the making of the scheme;

• (c) criminal liabilities.

• (2) A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular—

• (a) create rights, or impose liabilities, in relation to property or rights transferred;

• (b) make provision about the continuing effect of things done by the permitted transferor in respect of anything transferred;

• (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, or on behalf of, or in relation to, the permitted transferor in respect of anything transferred;

• (d) make provision for references to the permitted transferor in an instrument or other document in respect of anything transferred to be treated as references to the permitted transferee.

• (3) A property transfer scheme may make provision for the shared ownership or use of property.

• (4) A staff transfer scheme may make provision which is the same as or similar to the TUPE regulations.

• (5) A property transfer scheme or a staff transfer scheme may provide—

• (a) for the scheme to be modified by agreement after it comes into effect, and

• (b) for any such modifications to have effect from the date when the original scheme comes into effect.

Interpretation

3

• (1) For the purposes of this Schedule—

• (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

• (b) the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.

• (2) In this Schedule—

• (a) “civil service” means civil service of the State;

• (b) “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

• (c) references to the transfer of property include references to the grant of a lease.

SCHEDULE 11

Public Records Act 1958

1

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), omit—

• (a) “Director of Fair Access to Higher Education.”, and

• (b) “Higher Education Funding Council for England.

Parliamentary Commissioner Act 1967

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit—

• (a) “The Director of Fair Access to Higher Education.”, and

• (b) “Higher Education Funding Council for England.

Superannuation Act 1972

3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), omit—

• (a) “Employment by the Director of Fair Access to Higher Education.”, and

• (b) “Higher Education Funding Council for England.”

House of Commons Disqualification Act 1975

4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), omit—

• (a) “Director of Fair Access to Higher Education.”, and

• (b) “Any member of the Higher Education Funding Council for England in receipt of remuneration.

Education (No. 2) Act 1986

5

• (1) Section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities etc) is amended as follows.

• (2) After subsection (4) insert—

(4A) The establishments in England to which this section applies are— (a) any registered higher education provider; (b) any establishment of higher or further education which is maintained by a local authority; (c) any institution within the further education sector.

• (3) In subsection (5), after “The establishments” insert “ in Wales ”.

• (4) In subsection (6), in the definition of “governing body”, for “in relation to any university” substitute

— (a) in relation to a registered higher education provider, has the meaning given by section 85(1) of the Higher Education and Research Act 2017; (b) in relation to a university in Wales,

.

• (5) In subsection (6), after the definition of “governing body” insert—

“registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017;

.

• (6) After subsection (6) insert—

(6A) For the purposes of this section— (a) an establishment is taken to be in England if its activities are carried on, or principally carried on, in England; (b) an establishment is taken to be in Wales if its activities are carried on, or principally carried on, in Wales.

• (7) In subsection (7)(a), after “subsection” insert “ (4A)(b) or ”.

Education Reform Act 1988

6

The Education Reform Act 1988 is amended as follows.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 129(1) (designation of institutions), for “a higher education funding council” substitute “ the Higher Education Funding Council for Wales ”.

10

• (1) Section 133 (payments in respect of persons employed in the provision of higher or further education) is amended as follows.

• (2) In the heading, omit “by Polytechnics and Colleges Funding Council”.

• (3) In subsection (1)—

• (a) for “A higher education funding council shall” substitute “ The Office for Students and the Higher Education Funding Council for Wales each ”, and

• (b) for “the council” substitute “ they ”.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further and Higher Education Act 1992

12

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

13

In section 61 (interpretation of Part 1), omit subsection (3)(b).

14

• (1) Section 62 (establishment of the Higher Education Funding Councils) is amended as follows.

• (2) In the heading, for “The Higher Education Funding Councils” substitute “ The Higher Education Funding Council for Wales ”.

• (3) In subsection (1)—

• (a) omit paragraph (a), and

• (b) in paragraph (b), after “them” insert “ (referred to in this Act as “the HEFCW”) ”.

• (4) Omit subsection (2).

• (5) In subsection (4), for “a council” substitute “ the HEFCW ”.

• (6) Omit subsections (5) and (6).

• (7) In subsection (7)—

• (a) omit “institutions in England or”,

• (b) in paragraph (a), omit “England or, as the case may be,”, and

• (c) in paragraph (b), omit “, in both cases,”.

• (8) In subsection (7A), for “each council” substitute “ the HEFCW ”.

• (9) In subsection (8), for “one of the councils” substitute “ the HEFCW or the Office for Students ”.

• (10) In subsection (9), for “each of the councils” substitute “ the HEFCW ”.

15

• (1) Section 65 (administration of funds by councils) is amended as follows.

• (2) In the heading, for “councils” substitute “ the HEFCW ”.

• (3) In subsection (1)—

• (a) for “Each council” substitute “ The HEFCW ”, and

• (b) for “the council” substitute “ the HEFCW ”.

• (4) In subsection (2)(a), for “the council's” substitute “the HEFCW's”.

• (5) In subsection (3)—

• (a) for “A council” substitute “ The HEFCW ”, and

• (b) for “the council” substitute “ the HEFCW ”.

• (6) In subsection (3A)—

• (a) for “a Council” substitute “ the HEFCW ”, and

• (b) for “the Council” substitute “ the HEFCW ”.

• (7) In subsection (3B), for “the Council in question” substitute “ the HEFCW ”.

• (8) In subsection (4)—

• (a) for “a council” substitute “ the HEFCW ”, and

• (b) for “the council”, in each place, substitute “ the HEFCW ”.

16

• (1) Section 66 (administration of funds: supplementary) is amended as follows.

• (2) In subsection (1)—

• (a) for “a council” substitute “ the HEFCW ”, and

• (b) for “the council”, in each place, substitute “ the HEFCW ”.

• (3) In subsections (2) and (3), for “a council” substitute “ the HEFCW ”.

• (4) In subsection (4), for “the council” substitute “ the HEFCW ”.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

• (1) Section 69 (supplementary functions) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In subsection (2), for “Each council” substitute “ The HEFCW ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Omit section 70 (England: assessment of quality of education provided by institutions).

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

Omit section 79A (Higher Education Funding Council for England's power to request information from institutions that are exempt charities).

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

• (1) Section 82 (joint exercise of functions) is amended as follows.

• (2) Omit subsections (1) to (1B).

• (3) In subsection (2), for “Great Britain” substitute “ Wales and Scotland ”.

• (4) In subsection (2A), after “Scottish” insert “ Further and ”.

• (5) In subsection (3)(a)—

• (a) for “a higher education funding council” substitute “ the HEFCW ”,

• (b) for “the National Assembly of Wales” substitute “ the Welsh Ministers ”,

• (c) for “it is discharging its” substitute “ they are discharging their ”, and

• (d) after “Scottish” insert “ Further and ”.

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

• (1) Section 92 (index) is amended as follows.

• (2) Omit the entry for “council (in Part 2), or higher education funding council”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For “institution in England or in Wales (in relation to higher education funding councils)” substitute “ institution in Wales (in relation to the HEFCW) ”.

Education Act 1994

27

• (1) Section 18 of the Education Act 1994 (power to reimburse certain payments to persons formerly employed in teacher training) is amended as follows.

• (2) In subsection (1), for “A higher education funding council” substitute “ The Office for Students or the Higher Education Funding Council for Wales ”.

• (3) In subsection (4)—

• (a) for “a higher education funding council” substitute “ the Office for Students or (as the case may be) the Higher Education Funding Council for Wales ”, and

• (b) for “the council” substitute “ they ”.

Education Act 1996

28

In section 13 of the Education Act 1996 (local authorities' general responsibility for education), for subsection (2)(b) substitute—

(b) the Higher Education Funding Council for Wales, or (c) the Office for Students.

Freedom of Information Act 2000

29

• (1) Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) is amended as follows.

• (2) In Part 4 (educational institutions), in paragraph 53(1)—

• (a) after paragraph (a) insert—

(aa) a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of section 39(1) of the Higher Education and Research Act 2017,

,

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

• (c) in paragraph (e), after “institution of” insert “ a registered higher education provider which falls within paragraph (aa) or ”.

• (3) In Part 4, in paragraph 53(2)—

• (a) after paragraph (a) insert—

(aa) “registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017,

, and

• (b) in paragraph (c), after “paragraph (c),” insert “ the reference to an institution in Wales is to be construed in accordance with section 62(7) of that Act, and ”.

• (4) In Part 6 (other public bodies), omit—

• (a) “The Director of Fair Access to Higher Education.”, and

• (b) “The Higher Education Funding Council for England.

Higher Education Act 2004

30

• (1) The Higher Education Act 2004 is amended as follows.

• (2) Omit sections 22 to 41 and Schedule 5 (student fees and fair access).

• (3) In section 47 (orders and regulations)—

• (a) in subsection (3), omit paragraphs (a) and (c), and

• (b) omit subsection (4).

• (4) In section 48 (general interpretation), omit the definition of “the 2005 Act”.

• (5) In Schedule 6 (consequential amendments)—

• (a) omit paragraph 1 (amendment to the Public Records Act 1958),

• (b) in paragraph 4 (amendment to the House of Commons Disqualification Act 1975), omit “ “Director of Fair Access to Higher Education.””, and

• (c) in paragraph 10 (amendment to the Freedom of Information Act 2000), omit “ “The Director of Fair Access to Higher Education.””

Education Act 2005

31

• (1) The Education Act 2005 is amended as follows.

• (2) In section 92 (joint exercise of functions)—

• (a) in subsection (2), for “Higher Education Funding Council for England” substitute “ Office for Students ”, and

• (b) omit subsection (5).

• (3) In Schedule 14, omit paragraphs 26 to 35 (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule).

Equality Act 2010

32

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), omit “The Higher Education Funding Council for England.

Education Act 2011

33

In the Education Act 2011, omit the following (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule)—

• (a) section 77;

• (b) paragraphs 18 to 29 of Schedule 5;

• (c) paragraph 22 of Schedule 16.

Charities Act 2011

34

In Part 2 of Schedule 7 to the Charities Act 2011, omit paragraph 97 (which amends section 40 of the Higher Education Act 2004 which is repealed by this Schedule).

Counter-Terrorism and Security Act 2015

35

In section 32(5)(b) of the Counter-Terrorism and Security Act 2015 (monitoring of performance: further and higher education bodies) for “Higher Education Funding Council for England” substitute “ Office for Students ”.

SCHEDULE 12

Geological Survey Act 1845

1

In section 1 of the Geological Survey Act 1845 (power of persons employed in geological survey to enter land), for “the Natural Environment Research Council”, in both places, substitute “ United Kingdom Research and Innovation ”.

Mining Industry Act 1926

2

In section 23 of the Mining Industry Act 1926 (facilities to be given when shafts or boreholes are sunk)—

• (a) in the heading, for “Department of Scientific and Industrial Research” substitute “ United Kingdom Research and Innovation ”,

• (b) in subsection (1), for “the National Environment Research Council” substitute “ United Kingdom Research and Innovation ”, and

• (c) in subsections (1) to (3) and (5), for “the Council”, in each place, substitute “ UKRI ”.

Public Records Act 1958

3

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), omit the following entries— “ Arts and Humanities Research Council. ” “ Economic and Social Research Council. ” “ Engineering and Physical Sciences Research Council. ” “ Medical Research Council. ” “ Natural Environment Research Council. ” “ Technology Strategy Board. ”

Science and Technology Act 1965

4

• (1) The Science and Technology Act 1965 is amended as follows.

• (2) In section 1 (the research councils)—

• (a) in subsection (1), omit paragraphs (a) and (b) (and the “and” after paragraph (b)),

• (b) also in subsection (1), in paragraph (c), omit “other”, and

• (c) omit subsections (2) and (3).

• (3) In section 2 (expenses and accounts of research councils)—

• (a) omit subsection (4), and

• (b) in subsection (5)—

• (i) for the words from “, in the case” to “expenses of the Council” substitute “ the expenses of a Research Council ”, and

• (ii) omit “in section 1(2) or (3) above or”.

• (4) In section 3 (re-allocation of activities connected with scientific research)—

• (a) omit subsections (1) to (3), and

• (b) in subsection (5), omit the words from “; and the provisions” to the end.

• (5) Omit Schedule 3 (transitional provisions).

Parliamentary Commissioner Act 1967

5

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the following entries— “ Arts and Humanities Research Council. ” “ Biotechnology and Biological Sciences Research Council. ” “ Economic and Social Research Council. ” “ Engineering and Physical Sciences Research Council. ” “ Medical Research Council. ” “ Natural Environment Research Council. ” “ Science and Technology Facilities Council. ” “ Technology Strategy Board. ”

Agriculture Act 1967

6

In section 50(3) of the Agriculture Act 1967 (provisions on control of sale not to apply to transfers to and from persons listed), for paragraph (f) substitute—

(f) United Kingdom Research and Innovation,

.

Conservation of Seals Act 1970

7

• (1) The Conservation of Seals Act 1970 is amended as follows.

• (2) In each of the following provisions, for “the Council” substitute “ UKRI ”

• (a) section 3(1) (consultation before orders prohibiting killing seals),

• (b) section 10(3)(a) (consultation before granting licence to kill etc),

• (c) section 11(1) (consultation before entry onto land), and

• (d) section 13 (duty to give advice on management of seal populations).

• (3) In section 15 (interpretation)—

• (a) omit the definition of “the Council”, and

• (b) at the end insert—

“UKRI” means United Kingdom Research and Innovation.

Chronically Sick and Disabled Persons Act 1970

8

In section 24 of the Chronically Sick and Disabled Persons Act 1970 (institute of hearing research), for “the Medical Research Council” substitute “ United Kingdom Research and Innovation ”.

Mineral Exploration and Investment Grants Act 1972

9

In section 1(3) of the Mineral Exploration and Investment Grants Act 1972 (conditions for making contributions in respect of mineral exploration), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

Supply Powers Act 1975

10

In section 7 of the Supply Powers Act 1975 (interpretation), in paragraph (a) of the definition of “articles required for the public service”, after “Civil Aviation Authority” insert “ , United Kingdom Research and Innovation ”.

House of Commons Disqualification Act 1975

11

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), omit the following entries— “ Chair or Chief Executive of the Science and Technology Facilities Council. ” “ Chair, Deputy Chair or Chief Executive of the Technology Strategy Board. ” “ Chairman, Deputy Chairman or Chief Executive of the Arts and Humanities Research Council. ” “ Chairman, Deputy Chairman, or Chief Executive of the Biotechnology and Biological Sciences Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Economic and Social Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Engineering and Physical Sciences Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Medical Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Natural Environment Research Council. ”

Northern Ireland Assembly Disqualification Act 1975

12

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the following entry— “ The Advisory Board for the Research Councils. ”

Patents Act 1977

13

In section 41(3) of the Patents Act 1977 (assignment of right in patent)—

• (a) after “Where the Crown” insert “ , United Kingdom Research and Innovation ”,

• (b) for “or, as the case may be, Research Council” substitute “ , United Kingdom Research and Innovation or the Research Council (as the case may be) ”, and

• (c) omit the words from “or the Arts” to the end.

Further Education Act 1985

14

In section 2(4)(a) of the Further Education Act 1985 (cases in which requirement that goods or services supplied at open market value disapplied), for the words from “the Arts” to “2004)” substitute “ United Kingdom Research and Innovation ”.

Water Resources Act 1991

15

• (1) The Water Resources Act 1991 is amended as follows.

• (2) In section 198 (information about underground water)—

• (a) in subsection (1), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation (“UKRI”) ”,

• (b) in subsection (2)(a), for “the Natural Environment Research Council” substitute “ UKRI ”,

• (c) in subsection (2)(b) and (c), for “that Council” substitute “ UKRI ”, and

• (d) in subsection (4), for “the Natural Environment Research Council” substitute “ UKRI ”.

• (3) In section 205 (confidentiality of information about underground water)—

• (a) in subsection (1)—

• (i) for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation (“UKRI”) ”, and

• (ii) for “that Council” substitute “ UKRI ”, and

• (b) in subsections (2) and (4)—

• (i) for “the Natural Environment Research Council” substitute “ UKRI ”, and

• (ii) for “that Council” substitute “ UKRI ”.

Scotland Act 1998

16

• (1) In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) section C12 is amended as follows.

• (2) In the heading, at the beginning insert “ United Kingdom Research and Innovation and ”.

• (3) After the heading insert the following entry— “ United Kingdom Research and Innovation. ”

• (4) In the entry beginning “The subject-matter of section 5”, after “relating to” insert “ United Kingdom Research and Innovation and ”.

• (5) Omit the entry relating to the Arts and Humanities Research Council.

• (6) In the entry beginning “The subject-matter of section 10”—

• (a) for “that Act” substitute “ the Higher Education Act 2004 ”, and

• (b) for “that Council” substitute “ United Kingdom Research and Innovation ”.

Northern Ireland Act 1998

17

In Schedule 3 to the Northern Ireland Act 1998 (reserved matters), for paragraph 35A substitute—

(35A) United Kingdom Research and Innovation.

Freedom of Information Act 2000

18

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), omit the following entries— “ The Arts and Humanities Research Council. ” “ The Biotechnology and Biological Sciences Research Council. ” “ The Economic and Social Research Council. ” “ The Engineering and Physical Sciences Research Council. ” “ The Medical Research Council. ” “ The Natural Environment Research Council. ” “ The Science and Technology Facilities Council. ” “ The Technology Strategy Board. ”

Higher Education Act 2004

19

Omit sections 1 to 9 of the Higher Education Act 2004 (which establish and make provision in relation to the Arts and Humanities Research Council).

Natural Environment and Rural Communities Act 2006

20

In paragraph 9(a) of Part 2 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (application of enforcement provisions for the purposes of the Conservation of Seals Act 1970), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

Government of Wales Act 2006

21

The Government of Wales Act 2006 is amended as follows.

22

• (1) Schedule 3A (functions exercisable concurrently or jointly with the Welsh Ministers) (which is inserted by the Wales Act 2017) is amended as follows.

• (2) In the Table in paragraph 1(2), in the entry relating to the Science and Technology Act 1965, in the column headed “Functions”, after “relating to” insert “ United Kingdom Research and Innovation and ”.

23

In paragraph 5 of Part 1 of Schedule 7 (Acts of the National Assembly for Wales: subject of education and training), before “Research Councils” insert “ United Kingdom Research and Innovation and ”.

24

• (1) In Part 2 of Schedule 7A (specific reservations) (which is inserted by the Wales Act 2017), Section C11 (Research Councils) is amended as follows.

• (2) In the heading, at the beginning insert “ United Kingdom Research and Innovation and ”.

• (3) In paragraph 87—

• (a) at the beginning insert “ United Kingdom Research and Innovation (“UKRI”), and ”, and

• (b) after “relating to” insert “ UKRI and ”.

• (4) In paragraph 88—

• (a) omit “Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004, and the”,

• (b) for “that Act” substitute “ the Higher Education Act 2004 ”, and

• (c) for “that Council” substitute “ UKRI ”.

Marine (Scotland) Act 2010 (asp 5)

25

In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b) of the Marine (Scotland) Act 2010 (duties on Scottish Ministers to consult), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

Welsh Language (Wales) Measure 2011 (nawm 1)

26

• (1) The table in Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards) is amended as follows.

• (2) In the English language text, omit the entries relating to—

• (a) the Arts and Humanities Research Council,

• (b) the Biotechnology and Biological Sciences Research Council,

• (c) the Economic and Social Research Council,

• (d) the Engineering and Physical Sciences Research Council,

• (e) the Medical Research Council,

• (f) the Natural Environment Research Council, and

• (g) the Science and Technology Facilities Council.

• (3) In the Welsh language text, omit the entries relating to—

• (a) Cyngor Cyfleusterau Gwyddoniaeth a Thechnoleg,

• (b) Cyngor Ymchwil Biotechnoleg a Gwyddorau Biolegol,

• (c) Y Cyngor Ymchwil Economaidd a Chymdeithasol,

• (d) Y Cyngor Ymchwil Meddygol,

• (e) Cyngor Ymchwil Peirianneg a Gwyddorau Ffisegol,

• (f) Cyngor Ymchwil yr Amgylchedd Naturiol, and

• (g) Y Cyngor Ymchwil i‘r Celfyddydau a‘r Dyniaethau.

• (4) In the English language text, insert at the appropriate place under the heading “ general ”

United Kingdom Research and Innovation (“Ymchwil ac Arloesedd y Deyrnas Unedig”)	Service delivery standards
United Kingdom Research and Innovation (“Ymchwil ac Arloesedd y Deyrnas Unedig”)	Policy making standards
United Kingdom Research and Innovation (“Ymchwil ac Arloesedd y Deyrnas Unedig”)	Operational Standards
United Kingdom Research and Innovation (“Ymchwil ac Arloesedd y Deyrnas Unedig”)	Record keeping standards

• (5) In the Welsh language text, insert at the appropriate place under the heading “ cyffredinol ”

“Ymchwil ac Arloesedd y Deyrnas Unedig (“United Kingdom Research and Innovation”)	Safonau cyflenwi gwasanaethau
“Ymchwil ac Arloesedd y Deyrnas Unedig (“United Kingdom Research and Innovation”)	Safonau llunio polisi
“Ymchwil ac Arloesedd y Deyrnas Unedig (“United Kingdom Research and Innovation”)	Safonau gweithredu
“Ymchwil ac Arloesedd y Deyrnas Unedig (“United Kingdom Research and Innovation”)	Safonau cadw cofnodion

Antarctic Act 2013

27

• (1) In section 10(4) of the Antarctic Act 2013 (the Crown), in paragraph (a), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

• (2) Subsections (2) and (3) of section 34 of the Antarctic Act 1994 (power to extend to the Channel Islands, Isle of Man and British overseas territories) apply in relation to section 10 of the Antarctic Act 2013 as amended by sub-paragraph (1).

Public Service Pensions Act 2013

28

• (1) Schedule 10 to the Public Service Pensions Act 2013 (public bodies whose pension schemes must be restricted) is amended as follows.

• (2) After paragraph 14 insert—

(15) United Kingdom Research and Innovation.

Psychoactive Substances Act 2016

29

In paragraph 4 of Schedule 2 to the Psychoactive Substances Act 2016 (exempted activities), in paragraph (b)(iii) of the definition of “relevant ethics review body”, at the beginning insert “ United Kingdom Research and Innovation or ”.

General duties

Unrecognised degrees

Unrecognised degrees: supplementary

Use of “university” in title of institution

Unauthorised use of “university” in title of institution etc

Power to make alternative payments

Power to make alternative payments

Section 86: consequential amendments

Qualifying institutions for purposes of student complaints scheme

United Kingdom Research and Innovation

Cooperation and information sharing between the OfS and UKRI

Joint working

Status

Membership

The Director for Fair Access and Participation

Terms of appointment and tenure of members

Remuneration etc of members

Staffing of the OfS

Committees

Procedure

Delegation of functions

Accounts and audit

Annual report

Seal and evidence

Supplementary powers

Public records

Investigation by the Parliamentary Commissioner

House of Commons disqualification

Northern Ireland Assembly disqualification

Freedom of information

Public sector equality duty

Introduction

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

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

Accelerated courses

Procedure

Introduction

Procedure

Appeals

Interest and recovery

Retention of sums received

Consultation prior to recommendation

Recommendation

Designation

Bodies suitable to perform assessment functions

Removal of designation

Application

Oversight arrangements

Annual report by the designated body

Triennial report by the OfS

Power of the OfS to give directions

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

Power to issue search warrant

Application for search warrant by an authorised person

Search warrant

Powers conferred by search warrant

Entering and searching premises

Inspecting, copying, seizing and retaining items

Offence

Self-incrimination

Interpretation

Consultation prior to recommendation

Recommendation

Designation

Bodies suitable to be designated under this Schedule

Removal of designation

Application

Oversight arrangements

Annual report by the designated body

Triennial report by the OfS

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

Introduction

Procedure

Appeals

Interest and recovery

Retention of sums received

Education Reform Act 1988

Further and Higher Education Act 1992

Status

Membership of UKRI

Membership of the Councils

Terms of appointment and tenure

Remuneration etc

Staffing of UKRI

Executive Committee

Other committees and sub-committees

Procedure

Delegation of functions by UKRI

Accounts and audit

Annual report

Seal and evidence

Supplementary powers

Public records

Investigation by the Parliamentary Commissioner

House of Commons disqualification

Northern Ireland Assembly disqualification

Freedom of information

Public sector equality duty

Transfer schemes

Supplementary

Interpretation

Public Records Act 1958

Parliamentary Commissioner Act 1967

Superannuation Act 1972

House of Commons Disqualification Act 1975

Education (No. 2) Act 1986

Education Reform Act 1988

Further and Higher Education Act 1992

Education Act 1994

Education Act 1996

Freedom of Information Act 2000

Higher Education Act 2004

Education Act 2005

Equality Act 2010

Education Act 2011

Charities Act 2011

Counter-Terrorism and Security Act 2015

Geological Survey Act 1845

Mining Industry Act 1926

Public Records Act 1958

Science and Technology Act 1965

Parliamentary Commissioner Act 1967

Agriculture Act 1967

Conservation of Seals Act 1970

Chronically Sick and Disabled Persons Act 1970

Mineral Exploration and Investment Grants Act 1972

Supply Powers Act 1975

House of Commons Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

Patents Act 1977

Further Education Act 1985

Water Resources Act 1991

Scotland Act 1998

Northern Ireland Act 1998

Freedom of Information Act 2000

Higher Education Act 2004

Natural Environment and Rural Communities Act 2006

Government of Wales Act 2006

Marine (Scotland) Act 2010 (asp 5)

Welsh Language (Wales) Measure 2011 (nawm 1)

Antarctic Act 2013

Public Service Pensions Act 2013

Psychoactive Substances Act 2016

Editorial notes