Higher Education Act 2004

11 Qualifying institutions E+W

[F1 (1)] In this Part “qualifying institution” means any of the following institutions F2 ...—

(a) a university [F3 in England or Wales] (whether or not receiving financial support under section 65 of the 1992 Act [F4 or section 39 or 93 of the Higher Education and Research Act 2017 (“the 2017 Act”)]) whose entitlement to grant awards is conferred or confirmed by—

(i) an Act of Parliament,

(ii) a Royal Charter, or

(iii) an order under section 76 of the 1992 Act [F5 or section 42 or 45 of the 2017 Act];

(b) a constituent college, school or hall or other institution [F6 in England or Wales] of a university falling within paragraph (a);

(c) an institution [F7 in England or Wales] conducted by a higher education corporation;

(d) [F8 an institution in Wales which is] a designated institution, as defined by section 72(3) of the 1992 Act.

[F9 (da) an institution in England which is a registered higher education provider as defined by section 85 of the 2017 Act (other than one within paragraph (a), (b), (c) or (d) of this section);]

[F10 (e) an institution [F11 in England or Wales] (other than one within [F12 any of the preceding paragraphs] of this section) which provides higher education courses which are designated for the purposes of section 22 of the 1998 Act by or under regulations under that section;

[F13 (ea) an institution in England (other than one within any of the preceding paragraphs of this section) which provides higher education courses leading to the grant of an award by or on behalf of—

(i) another institution in England within another paragraph of this section, or

(ii) the Office for Students where the grant is authorised by regulations under section 51(1) of the 2017 Act;]

(f) an institution [F14 in England or Wales] (other than one within another paragraph of this section) whose entitlement to grant awards is conferred by an order under section 76(1) of the 1992 Act [F15 or section 42 or 45 of the 2017 Act].]

[F16 (2) The Welsh Ministers may, by regulations, specify as a qualifying institution for the purposes of this Part, a person other than one within subsection (1) who is—

(a) a registered provider, or

(b) a tertiary education provider in Wales other than a registered provider in receipt of financial resources—

(i) provided by the Commission for Tertiary Education and Research under section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations),

(ii) secured by the Commission for Tertiary Education and Research or the Welsh Ministers under section 97(1)(a) of that Act (further education or training), or

(iii) provided by the Commission for Tertiary Education and Research under section 104(1)(a) of that Act (apprenticeships).

(3) In subsection (2)—

• “registered provider” means a tertiary education provider registered in the register established and maintained by the Commission for Tertiary Education and Research under section 25 of the Tertiary Education and Research (Wales) Act 2022;

• “tertiary education provider in Wales” has the meaning given by section 144(1) of the Tertiary Education and Research (Wales) Act 2022.

(4) The power to make regulations in subsection (2) is to be exercised by statutory instrument.

(5) A statutory instrument containing regulations made under subsection (2) is subject to annulment in pursuance of a resolution of Senedd Cymru.]

Textual Amendments

F1 S. 11 renumbered as s. 11(1) (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), ss. 128(2)(a), 148(2) (with s. 19); W.S.I. 2026/62, art. 2(nn)

F2 Words in s. 11 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), ss. 89(2)(a), 124(5); S.I. 2018/241, reg. 2(l)

F3 Words in s. 11(a) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(b)(i), 124(5); S.I. 2018/241, reg. 2(l)

F4 Words in s. 11(a) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(b)(ii), 124(5); S.I. 2018/241, reg. 2(l)

F5 Words in s. 11(a)(iii) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(c), 124(5); S.I. 2018/241, reg. 2(l)

F6 Words in s. 11(b) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(d), 124(5); S.I. 2018/241, reg. 2(l)

F7 Words in s. 11(c) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(e), 124(5); S.I. 2018/241, reg. 2(l)

F8 Words in s. 11(d) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(f), 124(5); S.I. 2018/241, reg. 2(l)

F9 S. 11(da) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(g), 124(5); S.I. 2018/241, reg. 2(l)

F10 S. 11(e)(f) inserted (1.9.2015) by Consumer Rights Act 2015 (c. 15), ss. 89(2), 100(5); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3); S.I. 2015/1575, art. 2 (with art. 3); S.I. 2015/1605, art. 2 (with art. 3)

F11 Words in s. 11(e) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(h)(i), 124(5); S.I. 2018/241, reg. 2(l)

F12 Words in s. 11(e) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(h)(ii), 124(3); S.I. 2018/241, reg. 2(l); S.I. 2018/415, reg. 2(b)

F13 S. 11(ea) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(i), 124(5); S.I. 2018/241, reg. 2(l)

F14 Words in s. 11(f) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(j)(i), 124(5); S.I. 2018/241, reg. 2(l)

F15 Words in s. 11(f) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(2)(j)(ii), 124(5); S.I. 2018/241, reg. 2(l)

F16 S. 11(2)-(5) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), ss. 128(2)(b), 148(2) (with s. 19); W.S.I. 2026/62, art. 2(nn)

Commencement Information

I1 S. 11 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2

I2 S. 11 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1