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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

Supplementary functions

76Secretary of State’s power to confer supplementary functions

(1)The Secretary of State may by regulations confer on the OfS such supplementary functions relating to higher education as the Secretary of State considers appropriate.

(2)A “supplementary function” is a function which—

(a)is exercisable for the purposes of—

(i)the performance by the Secretary of State of the Secretary of State’s functions under primary or secondary legislation, or

(ii)the doing by the Secretary of State of anything the Secretary of State has power to do apart from such legislation, and

(b)relates to, or to the activities of, an institution in England which provides, or may provide, higher education.

(3)Subsection (4) applies where—

(a)any land or other property is or was used or held for the purposes of an institution, and

(b)the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event.

(4)If the institution is an English higher education provider—

(a)the Secretary of State may direct that all or any of the Secretary of State’s functions in respect of the property are to be exercisable on the Secretary of State’s behalf by the OfS, and

(b)the functions are to be so exercised in accordance with such directions as the Secretary of State may give.

(5)This section does not affect any other powers to confer functions on, or delegate functions to, the OfS.

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