Teaching and Higher Education Act 1998

39 Unauthorised use of “university” in title of educational institution, etc. U.K.

[F1 (A1) A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—

(a) authorised by or by virtue of any Act or Royal Charter, or

(b) approved by the Office for Students for the purposes of this section.]

(1) A relevant institution in F2 ... Wales shall not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—

(a) authorised by or by virtue of any Act or Royal Charter, or

(b) approved by the Privy Council for the purposes of this section.

(2) A person carrying on [F3 a relevant institution in England or a relevant institution in Wales] shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word “university” unless the inclusion of that word in that name is authorised or approved as mentioned in subsection [F4 (A1) or] (1).

(3) Subsection [F5 (A1),] (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.

(4) For the purposes of subsection [F6 (A1),] (1) or (2) the inclusion of the word “university” in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to—

(a) the affiliation or association of other institutions to the university, or

(b) the accreditation by the university of educational services provided by other institutions.

(5) In approving the inclusion of the word “university” in any name for the purposes of this section [F7 the Office for Students and] the Privy Council shall have regard to the need to avoid names which are or may be confusing.

[F8 (5A) In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.

(5B) Before giving guidance under subsection (5A), the Secretary of State must consult—

(a) bodies representing the interests of English higher education providers,

(b) bodies representing the interests of students on higher education courses provided by English higher education providers, and

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

(5C) The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

(5D) But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word “university” in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006.

(5E) Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.]

(6) The Privy Council’s power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

(7) In this section—

[F9 “English higher education provider” and “higher education course” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see section 83 of that Act);]

[F10 “relevant institution in England” means a registered higher education provider as defined by section 85 of the Higher Education and Research Act 2017;

“relevant institution in Wales” means—

(a) an institution in Wales within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992, or

(b) an institution in Wales within the higher education sector as defined by section 91(5) of that Act;]

“university”, in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.

[F11 (8) For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.]

Textual Amendments

F1 S. 39(A1) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(2), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F2 Words in s. 39(1) omitted (1.4.2019) by virtue of Higher Education and Research Act 2017 (c. 29), ss. 57(3), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F3 Words in s. 39(2) substituted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(4)(a), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F4 Words in s. 39(2) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(4)(b), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F5 Word in s. 39(3) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(5), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F6 Word in s. 39(4) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(6), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F7 Words in s. 39(5) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(7), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F8 S. 39(5A)-(5E) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(8), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F9 Words in s. 39(7) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(9), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F10 Words in s. 39(7) substituted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(10), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F11 S. 39(8) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(11), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)