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Education Reform Act 1988

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216 Identification of bodies granting or providing courses for recognised awards [F1etc].E+W+S

[F2(1)The appropriate authority may by order designate each body which appears to the authority to be a recognised body within subsection (4)(a), (b) or (c).

(1A)For the purposes of sections 214 and 215, any body for the time being designated by an order under subsection (1) as a recognised body within subsection (4)(c) is conclusively presumed to be such a body.]

(2)The [F3appropriate authority] shall compile, maintain and publish by order a list including the name of every body which appears to [F4the authority] to fall for the time being within subsection (3) below.

[F5(2ZA)For the purposes of this section as it extends to England and Wales, “the appropriate authority” means—

(a)so far as the functions in question are exercisable in relation to England, the Office for Students, and

(b)so far as the functions in question are exercisable in relation to Wales, the Welsh Ministers.]

F6[(2A)For the purposes of this section, as it extends to Scotland, [F7the appropriate authority” means] the Scottish Ministers.]

(3)A body falls within this subsection if it is not a recognised body and [F8it]

[F9(za)provides any course which is—

(i)in preparation for a degree to be granted by a recognised body within subsection (4)(a) or (b) which the recognised body is authorised to grant by the authorisation or regulations mentioned in subsection (4)(a), and

(ii)is approved by or on behalf of that recognised body;]

(a)provides any course which is in preparation for a degree to be granted by a recognised body [F10within subsection (4)(c)] and is approved by or on behalf of the recognised body; or

(b)is a constituent college, school or hall or other institution of a university which is a recognised body.

(4)In this section “recognised body” means [F11

(a)a body which is authorised to grant awards by—

(i)an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”),

(ii)an authorisation varied under section 45(1) of the 2017 Act, or

(iii)regulations under section 51(1) of the 2017 Act,

(b)a body for the time being permitted by a body within paragraph (a) to act on its behalf in the granting of awards where the grant of the awards by that other body on its behalf is authorised by the authorisation or regulations mentioned in paragraph (a), or

(c)]a body falling within section 214(2)(a) or (b) of this Act.

Textual Amendments

F2S. 216(1)(1A) substituted for s. 216(1) (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 54(5), 124(5) (with ss. 54(16), 55); S.I. 2018/241, reg. 2(f)

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