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Higher Education and Research Act 2017

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Office for Students

    1. Establishment of the Office for Students

      1. 1.The Office for Students

      2. 2.General duties

    2. The register of English higher education providers

      1. 3.The register

      2. 4.Registration procedure

    3. Registration conditions

      1. 5.The initial and general ongoing registration conditions

      2. 6.The specific ongoing registration conditions

      3. 7.Proportionate conditions

    4. Mandatory registration conditions

      1. 8.Mandatory ongoing registration conditions for all providers

      2. 9.Mandatory transparency condition for certain providers

      3. 10.Mandatory fee limit condition for certain providers

      4. 11.Duty to publish a list regarding the fee limit condition

      5. 12.Mandatory access and participation plan condition for certain institutions

    5. Other registration conditions

      1. 13.Other initial and ongoing registration conditions

      2. 14.Public interest governance condition

    6. Enforcement of ongoing registration conditions

      1. 15.Power to impose monetary penalties

      2. 16.Suspension of registration

      3. 17.Suspension: procedure

      4. 18.De-registration by the OfS

      5. 19.De-registration by the OfS: procedure

      6. 20.De-registration: appeals

      7. 21.Refusal to renew an access and participation plan

    7. Voluntary de-registration

      1. 22.Voluntary de-registration

    8. Quality and standards

      1. 23.Assessing the quality of, and the standards applied to, higher education

      2. 24.Quality Assessment Committee

      3. 25.Rating the quality of, and the standards applied to, higher education

      4. 26.Report on operation of section 25 schemes

      5. 27.Performance of assessment functions by a designated body

      6. 28.Power of designated body to charge fees

    9. Access and participation

      1. 29.Power to approve an access and participation plan

      2. 30.Duration of a plan

      3. 31.Content of a plan: fees

      4. 32.Content of a plan: equality of opportunity

      5. 33.Variation of a plan

      6. 34.Review of decisions on approval or variation

      7. 35.Advice on good practice

      8. 36.Duty to protect academic freedom

      9. 37.Power of Secretary of State to require a report

    10. Student transfers

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

    11. Powers to give financial support

      1. 39.Financial support for registered higher education providers

      2. 40.Financial support for certain institutions

      3. 41.Financial support: terms and conditions

    12. Powers to grant degrees etc

      1. 42.Authorisation to grant degrees etc

      2. 43.Supplementary powers with authorisation

      3. 44.Variation or revocation of section 42 authorisation

      4. 45.Variation or revocation of other authorisations to grant degrees etc

      5. 46.Grant, variation or revocation of authorisation: advice on quality etc

      6. 47.Grant of authorisation: notification of new providers

      7. 48.Variation or revocation of authorisation: procedure

      8. 49.Appeals against variation or revocation of authorisation

      9. 50.Validation by authorised providers

      10. 51.Validation by the OfS

      11. 52.Sections 42 to 49: consequential amendments

      12. 53.Unrecognised degrees

      13. 54.Unrecognised degrees: supplementary

      14. 55.Saving for right to grant degrees under the Ecclesiastical Licences Act 1533

    13. Powers in relation to “university” title

      1. 56.Use of “university” in title of institution

      2. 57.Unauthorised use of “university” in title of institution etc

      3. 58.Revocation of authorisation to use “university” title

      4. 59.Revocation of authorisation: procedure

      5. 60.Appeals against revocation of authorisation

    14. Powers of entry and search

      1. 61.Entering and searching premises with a warrant

    15. Information powers

      1. 62.Power to require information from unregistered providers

      2. 63.Cooperation and information sharing by the OfS

    16. Information duties

      1. 64.Duty to compile and make available higher education information

      2. 65.Duty to publish higher education information

      3. 66.Designated body

      4. 67.Power of designated body to charge fees

    17. Financial sustainability

      1. 68.Duty to monitor and report on financial sustainability

    18. Efficiency studies etc

      1. 69.Studies for improving economy, efficiency and effectiveness

    19. Funding of the OfS

      1. 70.Registration fees

      2. 71.Other fees

      3. 72.Retention of fee related income

      4. 73.Costs recovery

      5. 74.Grants from the Secretary of State

    20. Regulatory framework

      1. 75.Regulatory framework

    21. Supplementary functions

      1. 76.Secretary of State’s power to confer supplementary functions

    22. Directions

      1. 77.Secretary of State’s power to give directions

    23. Powers of Secretary of State to obtain information and advice

      1. 78.Power to require information and advice from the OfS

      2. 79.Power to require application-to-acceptance information

      3. 80.Use of application-to-acceptance information for research purposes

    24. HEFCE and the DFA

      1. 81.Higher Education Funding Council for England

      2. 82.The Director of Fair Access to Higher Education

    25. Interpretation

      1. 83.Meaning of “English higher education provider” etc

      2. 84.Designation of other providers of higher education

      3. 85.Other definitions

  3. Part 2 Other education measures

    1. Financial support for students

      1. 86.Power to make alternative payments

      2. 87.Section 86: consequential amendments

      3. 88.Other amendments relating to financial support

    2. Student complaints scheme

      1. 89.Qualifying institutions for purposes of student complaints scheme

    3. Deregulation of higher education corporations

      1. 90.Higher education corporations in England

  4. Part 3 Research

    1. Establishment of United Kingdom Research and Innovation

      1. 91.United Kingdom Research and Innovation

      2. 92.The Councils of UKRI

    2. Research and innovation functions and role of the Councils

      1. 93.UK research and innovation functions

      2. 94.Financial support: supplementary provision

      3. 95.Exercise of functions by science and humanities Councils

      4. 96.Exercise of functions by Innovate UK

      5. 97.Exercise of functions by Research England

      6. 98.Exercise of functions by the Councils: supplementary

    3. Strategies and strategic delivery plans

      1. 99.UKRI’s research and innovation strategy

      2. 100.Councils’ strategic delivery plans

    4. Funding and directions

      1. 101.Grants to UKRI from the Secretary of State

      2. 102.Secretary of State’s power to give directions to UKRI

      3. 103.Haldane principle, balanced funding and advice from UKRI

    5. General functions

      1. 104.General duties

      2. 105.Power to require information and advice from UKRI

      3. 106.Studies for improving economy, efficiency and effectiveness

      4. 107.Provision of research services

      5. 108.Representing the United Kingdom

    6. Supplementary

      1. 109.Predecessor bodies and preservation of symbolic property

      2. 110.Amendments to powers to support research

    7. Interpretation

      1. 111.Definitions

  5. Part 4 General

    1. 112.Cooperation and information sharing between the OfS and UKRI

    2. 113.Joint working

    3. 114.Advice to Northern Ireland departments

    4. 115.Transfer schemes

    5. 116.Power to make consequential provision etc

    6. 117.Transitional, transitory or saving provision

    7. 118.Pre-commencement consultation

    8. 119.Regulations

    9. 120.Directions

    10. 121.General interpretation

    11. 122.Minor and consequential amendments

    12. 123.Extent

    13. 124.Commencement

    14. 125.Short title

  6. SCHEDULES

    1. SCHEDULE 1

      The Office for Students

      1. 1.Status

      2. 2.Membership

      3. 3.The Director for Fair Access and Participation

      4. 4.Terms of appointment and tenure of members

      5. 5.(1) A person may resign from office as a member...

      6. 6.Remuneration etc of members

      7. 7.Staffing of the OfS

      8. 8.Committees

      9. 9.Procedure

      10. 10.The validity of any proceedings of the OfS, or of...

      11. 11.Delegation of functions

      12. 12.Accounts and audit

      13. 13.Annual report

      14. 14.Seal and evidence

      15. 15.Supplementary powers

      16. 16.Public records

      17. 17.Investigation by the Parliamentary Commissioner

      18. 18.House of Commons disqualification

      19. 19.Northern Ireland Assembly disqualification

      20. 20.Freedom of information

      21. 21.Public sector equality duty

    2. SCHEDULE 2

      The fee limit

      1. 1.Introduction

      2. 2.The fee limit where the provider has an access and participation plan

      3. 3.The fee limit where the provider has no access and participation plan

      4. 4.Accelerated courses

      5. 5.Procedure

    3. SCHEDULE 3

      Monetary penalties: procedure, appeals and recovery etc

      1. 1.Introduction

      2. 2.Procedure

      3. 3.Appeals

      4. 4.Interest and recovery

      5. 5.Retention of sums received

    4. SCHEDULE 4

      Assessing higher education: designated body

      1. Part 1 Designation

        1. 1.Consultation prior to recommendation

        2. 2.Recommendation

        3. 3.Designation

        4. 4.Bodies suitable to perform assessment functions

        5. 5.Removal of designation

      2. Part 2 Oversight by the OfS

        1. 6.Application

        2. 7.Oversight arrangements

        3. 8.Annual report by the designated body

        4. 9.Triennial report by the OfS

        5. 10.Power of the OfS to give directions

        6. 11.Duty of the OfS to inform the Secretary of State about significant concerns

      3. Part 3 Interpretation

        1. 12.(1) In this Schedule— “the assessment functions” has the meaning...

    5. SCHEDULE 5

      Powers of entry and search etc

      1. 1.Power to issue search warrant

      2. 2.Application for search warrant by an authorised person

      3. 3.Search warrant

      4. 4.Powers conferred by search warrant

      5. 5.Entering and searching premises

      6. 6.Inspecting, copying, seizing and retaining items

      7. 7.Offence

      8. 8.Self-incrimination

      9. 9.Interpretation

    6. SCHEDULE 6

      English higher education information: designated body

      1. Part 1 Designation

        1. 1.Consultation prior to recommendation

        2. 2.Recommendation

        3. 3.Designation

        4. 4.Bodies suitable to be designated under this Schedule

        5. 5.Removal of designation

      2. Part 2 Oversight by the OfS

        1. 6.Application

        2. 7.Oversight arrangements

        3. 8.Annual report by the designated body

        4. 9.Triennial report by the OfS

        5. 10.Duty of the OfS to inform the Secretary of State about significant concerns

      3. Part 3 Interpretation

        1. 11.(1) In this Schedule— “designated body” means a body for...

    7. SCHEDULE 7

      Costs recovery: procedure, appeals and recovery etc

      1. 1.Introduction

      2. 2.Procedure

      3. 3.Appeals

      4. 4.Interest and recovery

      5. 5.Retention of sums received

    8. SCHEDULE 8

      Higher education corporations in England

      1. 1.Education Reform Act 1988

      2. 2.In section 122 (orders incorporating higher education institutions maintained by...

      3. 3.Before section 122A insert— Orders for further education corporations in...

      4. 4.In section 122A (orders transferring further education corporations to higher...

      5. 5.In section 123 (provisions supplementary to sections 121 and 122)—...

      6. 6.Before section 124 insert— Principal powers of a higher education...

      7. 7.In section 124 (powers of a higher education corporation)—

      8. 8.Before section 124A insert— Instrument of government of higher education...

      9. 9.In section 124A (constitution and conduct of higher education corporations)—...

      10. 10.In section 124B(2)(b) (accounts), at the beginning insert “in the...

      11. 11.In section 124C (initial and transitional arrangements)—

      12. 12.Before section 125 insert— Articles of government: higher education corporations...

      13. 13.In section 125 (articles of government)— (a) in the heading,...

      14. 14.In section 125A (charitable status of a higher education corporation)—...

      15. 15.In section 127(1) (transfer of staff to higher education corporations),...

      16. 16.Before section 128 insert— Dissolution of higher education corporations in...

      17. 17.In section 128 (dissolution of higher education corporations)—

      18. 18.In section 129(5)(e) (designation of institutions), before “128” insert “127A...

      19. 19.In section 157(2)(a) (variation of trust deeds etc: institutions conducted...

      20. 20.In section 161(1) (interpretation of Part 2)—

      21. 21.In Schedule 7 (the higher education corporations)—

      22. 22.In Schedule 7A (instruments of government made by Privy Council),...

      23. 23.Further and Higher Education Act 1992

      24. 24.(1) Section 78 (financial years of higher education corporations) is...

      25. 25.In section 90(1) (interpretation of Act), in the definition of...

      26. 26.In section 91 (interpretation of Education Acts), in subsection (6)(b),...

    9. SCHEDULE 9

      United Kingdom Research and Innovation

      1. 1.Status

      2. 2.Membership of UKRI

      3. 3.Membership of the Councils

      4. 4.Terms of appointment and tenure

      5. 5.(1) This paragraph applies to a person (a “Ministerial appointee”)...

      6. 6.(1) This paragraph applies to a person (an “UKRI appointee”)...

      7. 7.Remuneration etc

      8. 8.Staffing of UKRI

      9. 9.Executive Committee

      10. 10.Other committees and sub-committees

      11. 11.Procedure

      12. 12.The validity of any proceedings of UKRI, or of any...

      13. 13.Delegation of functions by UKRI

      14. 14.Accounts and audit

      15. 15.Annual report

      16. 16.Seal and evidence

      17. 17.Supplementary powers

      18. 18.Public records

      19. 19.Investigation by the Parliamentary Commissioner

      20. 20.House of Commons disqualification

      21. 21.Northern Ireland Assembly disqualification

      22. 22.Freedom of information

      23. 23.Public sector equality duty

    10. SCHEDULE 10

      Transfer schemes

      1. 1.Transfer schemes

      2. 2.Supplementary

      3. 3.Interpretation

    11. SCHEDULE 11

      Minor and consequential amendments relating to Part 1

      1. 1.Public Records Act 1958

      2. 2.Parliamentary Commissioner Act 1967

      3. 3.Superannuation Act 1972

      4. 4.House of Commons Disqualification Act 1975

      5. 5.Education (No. 2) Act 1986

      6. 6.Education Reform Act 1988

      7. 7.In section 124B(2)(b) (accounts), for “the higher education funding council”...

      8. 8.(1) Section 128 (dissolution of higher education corporations) is amended...

      9. 9.In section 129(1) (designation of institutions), for “a higher education...

      10. 10.(1) Section 133 (payments in respect of persons employed in...

      11. 11.In Schedule 7 (higher education corporations), in paragraph 18(2)(b), for...

      12. 12.Further and Higher Education Act 1992

      13. 13.In section 61 (interpretation of Part 1), omit subsection (3)(b)....

      14. 14.(1) Section 62 (establishment of the Higher Education Funding Councils)...

      15. 15.(1) Section 65 (administration of funds by councils) is amended...

      16. 16.(1) Section 66 (administration of funds: supplementary) is amended as...

      17. 17.(1) Section 68 (grants to councils) is amended as follows....

      18. 18.(1) Section 69 (supplementary functions) is amended as follows.

      19. 19.Omit section 70 (England: assessment of quality of education provided...

      20. 20.(1) Section 79 (duty to give information to funding councils)...

      21. 21.Omit section 79A (Higher Education Funding Council for England’s power...

      22. 22.(1) Section 81 (directions) is amended as follows.

      23. 23.(1) Section 82 (joint exercise of functions) is amended as...

      24. 24.In section 83 (efficiency studies), in subsection (1B), for “A...

      25. 25.In section 91(4) (interpretation of Education Acts), for the words...

      26. 26.(1) Section 92 (index) is amended as follows.

      27. 27.Education Act 1994

      28. 28.Education Act 1996

      29. 29.Freedom of Information Act 2000

      30. 30.Higher Education Act 2004

      31. 31.Education Act 2005

      32. 32.Equality Act 2010

      33. 33.Education Act 2011

      34. 34.Charities Act 2011

      35. 35.Counter-Terrorism and Security Act 2015

    12. SCHEDULE 12

      Minor and consequential amendments relating to Part 3

      1. 1.Geological Survey Act 1845

      2. 2.Mining Industry Act 1926

      3. 3.Public Records Act 1958

      4. 4.Science and Technology Act 1965

      5. 5.Parliamentary Commissioner Act 1967

      6. 6.Agriculture Act 1967

      7. 7.Conservation of Seals Act 1970

      8. 8.Chronically Sick and Disabled Persons Act 1970

      9. 9.Mineral Exploration and Investment Grants Act 1972

      10. 10.Supply Powers Act 1975

      11. 11.House of Commons Disqualification Act 1975

      12. 12.Northern Ireland Assembly Disqualification Act 1975

      13. 13.Patents Act 1977

      14. 14.Further Education Act 1985

      15. 15.Water Resources Act 1991

      16. 16.Scotland Act 1998

      17. 17.Northern Ireland Act 1998

      18. 18.Freedom of Information Act 2000

      19. 19.Higher Education Act 2004

      20. 20.Natural Environment and Rural Communities Act 2006

      21. 21.Government of Wales Act 2006

      22. 22.(1) Schedule 3A (functions exercisable concurrently or jointly with the...

      23. 23.In paragraph 5 of Part 1 of Schedule 7 (Acts...

      24. 24.(1) In Part 2 of Schedule 7A (specific reservations) (which...

      25. 25.Marine (Scotland) Act 2010 (asp 5)

      26. 26.Welsh Language (Wales) Measure 2011 (nawm 1)

      27. 27.Antarctic Act 2013

      28. 28.Public Service Pensions Act 2013

      29. 29.Psychoactive Substances Act 2016

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