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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

38Duty to monitor etc the provision of arrangements for student transfers

This section has no associated Explanatory Notes

(1)The OfS

(a)must monitor the availability of schemes or other arrangements provided by registered higher education providers for student transfers,

(b)must monitor the extent to which the arrangements monitored under paragraph (a) are utilised by students generally or students of a particular description,

(c)must include in its annual report a summary of conclusions drawn by it, for the financial year to which the report relates, from its monitoring under paragraphs (a) and (b), and

(d)may facilitate, encourage, or promote awareness of, the provision of arrangements by registered higher education providers for student transfers.

(2)For the purposes of this section, “a student transfer” is where—

(a)a student transfers from a higher education course (“course X”) provided by a UK higher education provider (“the transferring provider”) to a different higher education course (“course Y”) provided by the same or a different UK higher education provider (“the receiving provider”),

(b)the receiving provider recognises, or takes account of, the study undertaken, or a level of achievement attained, by the student—

(i)on course X, or

(ii)on another higher education course provided by the transferring provider,

when the receiving provider is determining the study to be undertaken, or the level of achievement attained, by the student on course Y, and

(c)either the transferring provider or the receiving provider is a registered higher education provider, or both are registered higher education providers.

(3)For the purposes of subsection (2), there may be an interval between the student ceasing to undertake course X and starting to undertake course Y.

(4)The duty under subsection (1)(a) may be discharged by the OfS monitoring, as described in that provision—

(a)arrangements for student transfers provided by all registered higher education providers or a particular description of such provider;

(b)all such arrangements for student transfers or a particular description of such arrangement or student transfer.

(5)In this section—

  • “annual report” means the annual report under paragraph 13 of Schedule 1;

  • “financial year” has the same meaning as in that Schedule (see paragraph 12(6));

  • “higher education course”—

    (a)

    in the case of a provider in England or Wales, has the meaning given in section 83(1);

    (b)

    in the case of a provider in Scotland, means a course falling within section 38 of the Further and Higher Education (Scotland) Act 1992;

    (c)

    in the case of a provider in Northern Ireland, means a course of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));

  • “UK higher education provider” means an English higher education provider or a higher education provider in Wales, Scotland or Northern Ireland.

(6)For the purposes of applying the definition of “higher education provider” in section 83(1) to the reference in the definition of “UK higher education provider” in subsection (5) to a higher education provider in Wales, Scotland or Northern Ireland, the reference to “higher education” in the definition of “higher education provider” in section 83(1)—

(a)in the case of an institution in Wales, has the meaning given in section 83(1);

(b)in the case of an institution in Scotland, has the same meaning as in section 38 of the Further and Higher Education (Scotland) Act 1992;

(c)in the case of an institution in Northern Ireland, has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

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