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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

58Revocation of authorisation to use “university” title

This section has no associated Explanatory Notes

(1)The OfS may by order revoke any authorisation, consent or other approval given by or by virtue of—

(a)an Act (other than the Companies Act 2006), or

(b)a Royal Charter,

to an institution in England to include the word “university” in its name.

(2)That is the case even if the authorisation, consent or other approval was granted for an indefinite period.

(3)The OfS may make an order under subsection (1) only if condition A, B or C is satisfied.

(4)Condition A is satisfied if—

(a)in the case of consent or approval given by the OfS under section 77 of the Further and Higher Education Act 1992 or section 39 of the Teaching and Higher Education Act 1998, the institution ceases to be a registered higher education provider, or

(b)in any other case, the institution is not a registered higher education provider.

(5)Condition B is satisfied if, disregarding any transitional or saving provision made by an order under section 42(1) or 45(1)—

(a)the institution is neither authorised to grant taught awards nor authorised to grant research awards, or

(b)foundation degrees are the only degrees which the institution is authorised to grant.

(6)Condition C is satisfied if, due to a change in circumstances since the authorisation, consent or other approval was given, it appears to the OfS to be no longer appropriate for the institution to include the word “university” in its name.

(7)The OfS’s power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.

(8)An order under subsection (1) may make incidental, supplementary, transitional or saving provision.

(9)Any power to revoke an authorisation, consent or other approval mentioned in subsection (1), which is a power which exists immediately before the coming into force of this section, ceases to exist on that coming into force.

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