Higher Education and Research Act 2017

2017 CHAPTER 29

An Act to make provision about higher education and research; and to make provision about alternative payments to students in higher or further education.

[27th April 2017]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

[F1 PART A1 U.K. Protection of Freedom of Speech

Textual Amendments

F1 Pt. A1 inserted (1.8.2025) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 1, 13(3); S.I. 2025/528, reg. 2(a)

Duties of registered higher education providers U.K.

A1 Duty to take steps to secure freedom of speech U.K.

(1) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).

(2) That objective is securing freedom of speech within the law for—

(a) staff of the provider,

(b) members of the provider,

(c) students of the provider, and

(d) visiting speakers.

(3) The objective in subsection (2) includes securing that—

(a) the use of any premises of the provider is not denied to any individual or body on grounds specified in subsection (4), and

(b) the terms on which such premises are provided are not to any extent based on such grounds.

(4) The grounds referred to in subsection (3)(a) and (b) are—

(a) in relation to an individual, their ideas or opinions;

(b) in relation to a body, its policy or objectives or the ideas or opinions of any of its members.

(5) The objective in subsection (2), so far as relating to academic staff, includes securing their academic freedom.

(6) In this Part, “academic freedom”, in relation to academic staff at a registered higher education provider, means their freedom within the law—

(a) to question and test received wisdom, and

(b) to put forward new ideas and controversial or unpopular opinions,

without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).

(7) Those ways are—

(a) loss of their jobs or privileges at the provider;

(b) the likelihood of their securing promotion or different jobs at the provider being reduced.

(8) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (9).

(9) That objective is securing that, where a person applies to become a member of academic staff of the provider, the person is not adversely affected in relation to the application because they have exercised their freedom within the law to do the things referred to in subsection (6)(a) and (b).

(10) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that, apart from in exceptional circumstances, use of its premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.

(11) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that the provider does not enter into a non-disclosure agreement with a person referred to in that subsection in relation to a relevant complaint made to the provider by the person (and if such a non-disclosure agreement is entered into it is void).

(12) In subsection (11)—

• “non-disclosure agreement” means an agreement which purports to any extent to preclude the person from—

  (a)

  publishing information about the relevant complaint, or

  (b)

  disclosing information about the relevant complaint to any one or more other persons;

• “relevant complaint” means a complaint relating to misconduct or alleged misconduct by any person;

• “misconduct” means—

  (a)

  sexual abuse, sexual harassment or sexual misconduct, and

  (b)

  bullying or harassment not falling within paragraph (a).

(13) In this Part—

• references to freedom of speech are to the freedom to impart ideas, opinions or information (referred to in Article 10(1) of the Convention as it has effect for the purposes of the Human Rights Act 1998) by means of speech, writing or images (including in electronic form);

• “the Convention” has the meaning given by section 21(1) of the Human Rights Act 1998;

• “member”, in relation to a registered higher education provider, does not include a person who is a member of the provider solely because of having been a student of the provider;

• “registered higher education provider” and “governing body”, in relation to such a provider, have the same meanings as in Part 1 of this Act.

A2 Code of practice U.K.

(1) The governing body of a registered higher education provider must, with a view to facilitating the discharge of the duties in section A1(1) and (10), maintain a code of practice setting out the matters referred to in subsection (2).

(2) Those matters are—

(a) the provider’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech,

(b) the procedures to be followed by staff and students of the provider and any students’ union for students at the provider in connection with the organisation of—

(i) meetings which are to be held on the provider’s premises and which fall within any class of meeting specified in the code, and

(ii) other activities which are to take place on those premises and which fall within any class of activity so specified,

(c) the conduct required of such persons in connection with any such meeting or activity, and

(d) the criteria to be used by the provider in making decisions about whether to allow the use of premises and on what terms (which must include its criteria for determining whether there are exceptional circumstances for the purposes of section A1(10)).

(3) The code of practice may deal with such other matters as the governing body considers appropriate.

(4) The governing body of a registered higher education provider must take the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its code of practice.

(5) The governing body of a registered higher education provider must, at least once a year, bring—

(a) the provisions of section A1, and

(b) its code of practice under this section,

to the attention of all of its students.

A3 Duty to promote the importance of freedom of speech and academic freedom U.K.

The governing body of a registered higher education provider must promote the importance of—

(a) freedom of speech within the law, and

(b) academic freedom for academic staff of registered higher education providers and their constituent institutions,

in the provision of higher education.]

[F2 Duties of constituent institutions U.K.

Textual Amendments

F2 S. A4 and cross-heading inserted (1.8.2025) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 2, 13(3); S.I. 2025/528, reg. 2(b)

A4 Duties of constituent institutions U.K.

(1) Sections A1 to A3 apply in relation to the governing body of a constituent institution of a registered higher education provider as they apply in relation to the governing body of the provider.

(2) Accordingly, in the application of those sections by virtue of subsection (1), references to “the provider” are to be read as references to the constituent institution.

(3) The duties of the governing body of a constituent institution of a registered higher education provider under sections A1 to A3 do not affect the application of any initial or ongoing registration conditions imposed on the provider under Part 1 of this Act.

(4) In this Part—

• “constituent institution”, in relation to a registered higher education provider, means any constituent college, school, hall or other institution of the provider;

• “governing body”, in relation to a constituent institution of a registered higher education provider, has the same meaning as in Part 1 of this Act;

• “member”, in relation to a constituent institution of a registered higher education provider, does not include a person who is a member of the institution solely because of having been a student of the institution.]

[F3 Duties of students’ unions U.K.

Textual Amendments

F3 Ss. A5, A6 and cross-heading inserted (1.8.2025 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 3, 13(3); S.I. 2025/528, reg. 2(c)

A5 Duty to take steps to secure freedom of speech U.K.

(1) A students’ union for students at a registered higher education provider that is eligible for financial support must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).

(2) That objective is securing freedom of speech within the law for—

(a) members of the students’ union,

(b) students of the provider,

(c) staff of the students’ union,

(d) staff and members of the provider and of its constituent institutions, and

(e) visiting speakers.

(3) The objective in subsection (2) includes securing that—

(a) the use of any premises occupied by the students’ union is not denied to any individual or body on grounds specified in subsection (4),

(b) the terms on which such premises are provided are not to any extent based on such grounds, and

(c) affiliation to the students’ union is not denied to any student society on grounds specified in subsection (4)(b).

(4) The grounds referred to in subsection (3) are—

(a) in relation to an individual, their ideas or opinions;

(b) in relation to a society or other body, its policy or objectives or the ideas or opinions of any of its members.

(5) In order to achieve the objective in subsection (2), a students’ union for students at a registered higher education provider that is eligible for financial support must secure that, apart from in exceptional circumstances, use by any individual or body of premises occupied by the students’ union is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.

(6) In this Part—

• “member”, in relation to a students’ union which is a representative body and not an association (see section 20(1)(b) of the Education Act 1994), means those whom it is the purpose of the union to represent, excluding any student who has signified that they do not wish to be represented by it;

• “registered higher education provider that is eligible for financial support” means a registered higher education provider that is an eligible higher education provider for the purposes of section 39;

• “students’ union”, in relation to any institution, has the same meaning as it has in Part 2 of the Education Act 1994 in relation to establishments to which that Part applies (see section 20 of that Act).

(7) In this Part, references to a students’ union for students at a registered higher education provider that is eligible for financial support do not include a students’ union for students at a constituent institution of such a provider.

A6 Code of practice U.K.

(1) A students’ union to which section A5 applies must, with a view to facilitating the discharge of its duties under that section, maintain a code of practice setting out the matters referred to in subsection (2).

(2) Those matters are—

(a) the students’ union’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech,

(b) the procedures to be followed by its staff and its members who are students of the registered higher education provider referred to in section A5(1) in connection with the organisation of—

(i) meetings which are to be held on the premises occupied by the students’ union and which fall within any class of meeting specified in the code, and

(ii) other activities which are to take place on those premises and which fall within any class of activity so specified,

(c) the conduct required of such persons in connection with any such meeting or activity, and

(d) the criteria to be used by the students’ union in making decisions about—

(i) the union’s support and funding for events and activities to which the duties in section A5 are relevant, and

(ii) whether to allow the use of premises and on what terms (which must include its criteria for determining whether there are exceptional circumstances for the purposes of section A5(5)).

(3) The code of practice may deal with such other matters as the students’ union considers appropriate.

(4) A students’ union to which section A5 applies must take the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its code of practice.

(5) A students’ union to which section A5 applies must, at least once a year, bring—

(a) the provisions of section A5, and

(b) its code of practice under this section,

to the attention of all of its members who are students of the provider.]

Part 1 U.K. The Office for Students

Quality and standards U.K.

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

(1) The OfS may make arrangements for a scheme to give ratings—

(a) to English higher education providers regarding the quality of, and the standards applied to, higher education that they provide where they apply for such a rating, and

(b) to higher education providers in Wales, Scotland or Northern Ireland, in respect of whom the appropriate consent is given, regarding the quality of, and the standards applied to, higher education that they provide where they apply for such a rating.

(2) “The appropriate consent” means—

(a) in the case of a higher education provider in Wales, the consent of the Welsh Ministers to the application of subsection (1) to the provider;

(b) in the case of a higher education provider in Scotland, the consent of the Scottish Ministers to the application of subsection (1) to the provider;

(c) in the case of a higher education provider in Northern Ireland, the consent of the Department for the Economy in Northern Ireland to the application of subsection (1) to the provider.

(3) Such consent—

(a) may be given either generally in respect of all providers or in respect of providers of a particular description or named providers,

(b) is given by notifying the chair of the OfS, and

(c) is valid until it is revoked by notifying the chair.

(4) For the purposes of applying the definition of “higher education provider” in section 83(1) to subsections (1)(b) and (2), the reference to “higher education” in that definition—

(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));

and the reference to “higher education” in subsection (1)(b) is to be read accordingly.

Commencement Information

I1 S. 25 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(c)

[F4 Publication U.K.

Textual Amendments

F4 Ss. 67A-67C and cross-headings inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 33, 36(2)

67A Power for the OfS to publish notices, decisions and reports U.K.

(1) The OfS may publish notices, decisions and reports given or made in the performance of its functions.

(2) Subsection (1) does not affect any other power of the OfS to publish such a matter.

(3) Publication under this section does not breach—

(a) an obligation of confidence owed by the OfS, or

(b) any other restriction on the publication or disclosure of information (however imposed).

(4) But nothing in this section authorises the OfS to publish information where doing so contravenes the data protection legislation.

For this purpose “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(5) In deciding whether to publish a notice, decision or report under subsection (1), the OfS must, in particular, consider—

(a) the interests of—

(i) students on higher education courses provided by English higher education providers,

(ii) people thinking about undertaking, or who have undertaken, such courses, and

(iii) English higher education providers,

(b) the need for excluding from publication, so far as practicable, any information which relates to the affairs of a particular body or individual, where publication of that information would or might, in the opinion of the OfS, seriously and prejudicially affect the interests of that body or individual, and

(c) the public interest.

(6) For the purposes of this section and sections 67B and 67C—

(a) a reference to a decision includes a reference to the reasons for it, and

(b) any decision made in the course of exercising, or for the purposes of enabling the OfS to exercise, any of the OfS’s functions (including making any other decision) is made “in the performance of its functions”.

67B Publication of decision to conduct or terminate investigation U.K.

(1) This section applies where under section 67A(1) the OfS publishes a decision to conduct an investigation.

(2) If the publication identifies a higher education provider or other body or individual whose activities are being, or to be, investigated, and—

(a) the OfS terminates the investigation without making any finding, or

(b) the findings of the investigation, so far as they relate to the higher education provider, body or individual, do not result in the OfS taking any further action,

the OfS must publish a notice stating that fact.

(3) [F5 Section 67C does not apply] [F5 Neither section 67C nor paragraph 13 of Schedule 6A applies] to the publication of the decision to conduct the investigation to the extent that it includes information other than—

(a) a statement of the OfS’s decision to conduct the investigation,

(b) a summary of the matter being, or to be, investigated, and

(c) a reference to the identity of any higher education provider or other body or individual whose activities are being, or to be, investigated.

[F6 (3A) In the application of this section to publication of a decision under the scheme provided by virtue of Schedule 6A (free speech complaints scheme)—

(a) references to an investigation (however expressed) are to a review of a free speech complaint under the scheme;

(b) for the purposes of subsection (2)(a), the OfS terminates an investigation without making a finding if it—

(i) does not make a decision as to whether a free speech complaint is justified because the complaint is withdrawn, or

(ii) dismisses a free speech complaint without considering its merits;

(c) for the purposes of subsection (2)(b), the findings of an investigation do not result in the OfS taking any further action only where—

(i) the OfS decide that a complaint is wholly not justified, or

(ii) the OfS decide that a complaint is justified (wholly or partly) but do not make any recommendations about the person about which the complaint is made.]

(4) See section 67A(6) for the meaning of references to decisions.

Textual Amendments

F5 Words in s. 67B(3) substituted (1.9.2026 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 5(2); S.I. 2026/654, reg. 2(4)(b)

F6 S. 67B(3A) inserted (1.9.2026 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 5(3); S.I. 2026/654, reg. 2(4)(b)

Defamation U.K.

67C Protection from defamation claims U.K.

(1) For the purposes of the law of defamation, publication by the OfS of any notice, decision or report given or made in the performance of its functions is privileged unless the publication is shown to have been made with malice.

This is subject to section 67B.

(2) See section 67A(6) for the meaning of references to decisions.

[F7 (3) This section does not apply to the publication of—

(a) a decision or recommendation made by the OfS under the scheme provided by virtue of Schedule 6A, or

(b) a report under paragraph 12(1)(b) of that Schedule.

(See instead paragraph 13 of Schedule 6A.)]]

Textual Amendments

F7 S. 67C(3) inserted (1.9.2026 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 6; S.I. 2026/654, reg. 2(4)(b)

[F8 Freedom of speech U.K.

Textual Amendments

F8 S. 69A and cross-heading inserted (1.8.2025) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 5(2), 13(3); S.I. 2025/528, reg. 2(d)

69A General functions relating to freedom of speech and academic freedom U.K.

(1) The OfS must promote the importance of—

(a) freedom of speech within the law, and

(b) academic freedom for academic staff of registered higher education providers and their constituent institutions,

in the provision of higher education by registered higher education providers and their constituent institutions.

(2) The OfS may—

(a) identify good practice relating to how to support freedom of speech and academic freedom, and

(b) give advice about such practice to registered higher education providers and their constituent institutions.

(3) The Secretary of State may, by direction, require the OfS to report to the Secretary of State—

(a) in its annual report under paragraph 13 of Schedule 1, or

(b) in a special report,

on such matters relating to freedom of speech and academic freedom as may be specified in the direction.

(4) Where the Secretary of State is provided with a special report, the Secretary of State must lay it before Parliament.

(5) See paragraph 13 of Schedule 1 for the laying of the OfS’s annual reports.]

[F9 69B Functions of the OfS in relation to students’ unions U.K.

(1) The OfS must monitor whether students’ unions to which sections A5 and A6 apply are complying with their duties under those sections.

(2) The OfS may impose a monetary penalty on a students’ union if it appears to the OfS that it is failing or has failed to comply with any of its duties under those sections.

(3) A “monetary penalty” is a requirement to pay the OfS a penalty of an amount determined by the OfS in accordance with regulations made by the Secretary of State.

(4) The Secretary of State may by regulations make provision about matters to which the OfS must, or must not, have regard in exercising its power under subsection (2).

(5) Schedule 3 (monetary penalties: procedure etc) applies in relation to the imposition of a penalty on a students’ union under subsection (2), but as if—

(a) references to a registered higher education provider or the governing body of such a provider were references to the students’ union, and

(b) references to section 15 were references to subsection (2).

(6) The OfS must maintain a list of the students’ unions to which, according to the information held by the OfS, sections A5 and A6 apply.

(7) The OfS must make the list maintained under subsection (6) publicly available by such means as it considers appropriate.

(8) A students’ union to which sections A5 and A6 apply must provide the OfS, or a person nominated by the OfS, with such information for the purposes of the performance of the OfS’s functions under this section as the OfS may require it to provide.

(9) If a students’ union fails to comply with a requirement under subsection (8) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the requirement in civil proceedings for an injunction.]

Textual Amendments

F9 S. 69B inserted (11.5.2023 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 7(1), 13(1)(a)(3)

[F10 69C Free speech complaints scheme U.K.

Schedule 6A contains provision for a scheme for the making and investigation of complaints relating to the duties of registered higher education providers, their constituent institutions and students’ unions in respect of freedom of speech and academic freedom.]

Textual Amendments

F10 S. 69C inserted (1.9.2026 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 8(1), 13(3); S.I. 2026/654, reg. 2(2)

[F11 69D Overseas funding: registered higher education providers U.K.

(1) The OfS must monitor the overseas funding of registered higher education providers and their constituent institutions with a view to assessing the extent to which the funding presents a risk to the matters in subsection (2).

(2) The matters are—

(a) freedom of speech within the law, and

(b) the academic freedom of academic staff of registered higher education providers and their constituent institutions,

in the provision of higher education by registered higher education providers and their constituent institutions.

(3) The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a registered higher education provider or any constituent institution of a registered higher education provider is in breach of its duty under section A1, whether overseas funding was relevant to the breach.

(4) The information which the governing body of a registered higher education provider may be required to provide under the condition under section 8(1)(b), in relation to the function of the OfS under subsection (1), is—

(a) information as to relevant funding from a relevant overseas person, where the funding from that person exceeds the threshold in any period of 12 months specified by the OfS, and

(b) if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require.

(5) In this section “relevant funding” from a relevant overseas person, in relation to a registered higher education provider, means amounts which are received by the provider or a connected person—

(a) by way of endowment, gift or donation from the relevant overseas person,

(b) by way of research grant from the relevant overseas person,

(c) pursuant to a research contract with the relevant overseas person, or

(d) pursuant to an educational or commercial partnership with the relevant overseas person.

(6) In subsection (5) “connected person”, in relation to a registered higher education provider, means—

(a) the governing body of the provider,

(b) a constituent institution of the provider, or

(c) a member or member of staff of the provider or of a constituent institution, in their capacity as such.

(7) For the purposes of subsection (5), treat receipt of anything that is not money as receipt of an amount equal to the value of the thing to the recipient at the time of receipt.

(8) In this section “relevant overseas person” means—

(a) the government of an overseas country, other than a prescribed country,

(b) a body which is incorporated or registered in, or has its headquarters in, an overseas country other than a prescribed country, or

(c) an individual who is a politically exposed person in relation to an overseas country other than a prescribed country.

(9) In this section—

• “overseas country” means any country or territory outside the United Kingdom, but not including the Channel Islands, the Isle of Man and any British overseas territory;

• “politically exposed person” has the meaning given by regulation 35 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692);

• “prescribed country” means a country or territory specified in regulations made by the Secretary of State.

(10) For the purposes of subsection (4)(a), “the threshold” means an amount specified in regulations made by the Secretary of State.

(11) Regulations under subsection (10) may include provision—

(a) as to how the amount specified is to be calculated;

(b) to treat amounts received from a person other than a relevant overseas person as received from the relevant overseas person.

Textual Amendments

F11 Ss. 69D, 69E inserted (11.5.2023 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 9(2), 13(1)(b)(3)

69E Overseas funding: students’ unions U.K.

(1) The OfS must monitor the overseas funding of students’ unions at registered higher education providers that are eligible for financial support with a view to assessing the extent to which the funding presents a risk to the matter in subsection (2).

(2) The matter is freedom of speech within the law for—

(a) members of the students’ unions,

(b) students of the providers,

(c) staff of the students’ unions,

(d) staff and members of the providers and of their constituent institutions, and

(e) visiting speakers.

(3) The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a students’ union is in breach of its duty under section A5, whether overseas funding was relevant to the breach.

(4) For the purpose of the function of the OfS under subsection (1), a students’ union referred to in that subsection must provide to the OfS at such times, and in respect of such periods, as the OfS may reasonably request—

(a) information as to any amounts received from a relevant overseas person, where the amounts exceed the threshold in any period of 12 months specified by the OfS, and

(b) if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require.

(5) If a students’ union fails to comply with its duty under subsection (4), the OfS may enforce the duty in civil proceedings for an injunction.

(6) The following provisions of section 69D apply for the purposes of this section—

(a) subsection (7) (things other than money);

(b) subsections (8) and (9) (meaning of “relevant overseas person”);

(c) subsections (10) and (11) (meaning of “threshold”).]

Textual Amendments

F11 Ss. 69D, 69E inserted (11.5.2023 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 9(2), 13(1)(b)(3)

Powers of Secretary of State to obtain information and advice U.K.

79 Power to require application-to-acceptance information U.K.

(1) The Secretary of State may, by notice, require a body within subsection (2) to provide such application-to-acceptance information as may be described in the notice for use for qualifying research.

(2) A body is within this subsection if it provides services to one or more English higher education providers relating to applications for admission on to higher education courses provided by them.

(3) “Application-to-acceptance information” means information relating to—

(a) applying for admission on to higher education courses provided by English higher education providers (including predicted grades),

(b) offers and rejections regarding which individuals are admitted on to those courses, or

(c) the acceptance of such offers.

(4) “Qualifying research” means—

(a) research into the choices available to individuals who are—

(i) applying for admission on to higher education courses provided by English higher education providers, or

(ii) considering whether to accept an offer for admission on such a course from such a provider;

(b) research into equality of opportunity;

(c) research into any other topic approved by the Secretary of State.

(5) The notice under subsection (1) may require the information to be provided—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(6) If a body fails to comply with a notice under subsection (1) and does not satisfy the Secretary of State that it is unable to provide the information, the Secretary of State may enforce the duty to comply with the notice in civil proceedings for an injunction or (in Scotland) an interdict.

(7) In this section, “equality of opportunity” means equality of opportunity in connection with access to and participation in higher education provided by English higher education providers.

(8) See section 80 regarding the use of information obtained under this section.

Commencement Information

I2 S. 79 in force at 1.4.2018 by S.I. 2018/241, reg. 2(j)

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

(1) The Secretary of State may—

(a) use information obtained under section 79 for use for qualifying research, and

(b) provide information obtained under section 79 to an approved person for use for qualifying research.

(2) The Secretary of State or an approved person may publish the product of research conducted using information obtained under section 79 so long as—

(a) a purpose of the Secretary of State or the approved person in publishing it is to provide statistical information,

(b) no individual to whom the information obtained under section 79 relates may be identified from the publication, and

(c) the publication does not include information obtained under section 79 that may be regarded as commercially sensitive.

(3) “Approved person” means—

(a) a body approved by the Secretary of State for the purposes of this section that uses or disseminates information for the purpose of research (“an approved body”), or

(b) an individual approved by the Secretary of State or an approved body for the purposes of this section (“an approved researcher”).

(4) An approved body may provide information obtained under section 79 to an approved researcher, but an approved researcher may not provide that information to—

(a) another approved researcher, or

(b) another approved body.

(5) The Secretary of State must publish guidance regarding factors that will be taken into account in deciding whether to approve a body or individual for the purposes of this section.

(6) “Qualifying research” has the same meaning as in section 79.

Commencement Information

I3 S. 80 in force at 1.4.2018 by S.I. 2018/241, reg. 2(j)

Interpretation U.K.

83 Meaning of “English higher education provider” etc U.K.

(1) In this Part—

• “English higher education provider” means a higher education provider whose activities are carried on, or principally carried on, in England;

• “higher education provider” means an institution which provides higher education;

• “institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

• “higher education” means education provided by means of a higher education course;

• [F12 “higher education course ” means—

  (a)

  a course of any description mentioned in Schedule 6 to the Education Reform Act 1988, or

  (b)

  a module of such a course, where it is undertaken otherwise than as part of that course;]

• “training provider” means a person who provides training for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act).

(2) In this Part—

(a) “English further education provider” means an institution in England within the further education sector, and

(b) references to an institution within the further education sector have the same meaning as in the Further and Higher Education Act 1992 (see section 91(3) of that Act).

(3) In this Part references to a higher education course provided in England are to a higher education course which is provided wholly, or principally, in England.

(4) In this Part references to an institution in a part of the United Kingdom are to an institution whose activities are carried on, or principally carried on, in that part.

(5) Subsection (1) is subject to express provision to the contrary, see—

(a) section 10(9) (mandatory fee limit condition for certain providers),

(b) section 25(4) (rating the quality of, and the standards applied to, higher education),

(c) section 32(5)(b) (content of an access and participation plan: equality of opportunity), and

(d) section 38(5) and (6) (duty to monitor etc the provision of arrangements for student transfers).

Textual Amendments

F12 Words in s. 83(1) substituted (12.5.2026 for specified purposes, 1.9.2026 in so far as not already in force) by Skills and Post-16 Education Act 2022 (c. 21), ss. 16(3), 36(3); S.I. 2026/498, reg. 3(1)(2)

Commencement Information

I4 S. 83 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(m)

Part 2 U.K. Other education measures

Financial support for students U.K.

Prospective

86 Power to make alternative payments U.K.

(1) Section 22 of the Teaching and Higher Education Act 1998 (power to give financial support to students) is amended in accordance with subsections (2) to (7).

(2) In subsection (1), for “or loans” substitute “ , loans or alternative payments ”.

(3) In subsection (2)—

(a) in paragraphs (a), (b) and (c), for “or loan” substitute “ , loan or alternative payment ”,

(b) in paragraph (g)—

(i) after “repayment” insert “ , the making of contributions ”, and

(ii) after “loans”, in each place, insert “ or alternative payments ”,

(c) in paragraph (i), after “loans” insert “ or as part of alternative payments ”, and

(d) in paragraph (j), for “or loans”, in each place, substitute “ , loans or alternative payments ”.

(4) After subsection (4) insert—

“(4A) Regulations under this section may not provide for alternative payments to bear any interest.

(4B) The provision which may be made by virtue of subsection (2)(g) in relation to alternative payments under this section includes provision—

(a) for a recipient of an alternative payment (an “AP recipient”) to be required to make, in such manner, at such times, and to such person or body as may be prescribed from time to time, contributions which together are equal to the aggregate of—

(i) the amount of the alternative payment, and

(ii) the amounts which would be required to be paid by virtue of subsection (3)(a) if the alternative payment were a loan;

(b) for the payment, in respect of amounts overpaid by an AP recipient, of amounts which are the same as the amounts which would be required to be paid by virtue of subsection (3)(c) if the alternative payment were a loan;

(c) for an AP recipient not to be liable to make any contribution in respect of an alternative payment—

(i) during such period as may be prescribed from time to time, or

(ii) in such circumstances as may be so prescribed,

including provision for the cancellation of any further such liability of the recipient in any such circumstances;

(d) in the case of alternative payments in connection with a higher education course, for the cancellation of the entitlement of an AP recipient to receive a sum as part of an alternative payment in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations, where the payment of the sum has been suspended;

(e) with respect to sums which an AP recipient receives, or is entitled to receive, as part of an alternative payment after the commencement of the recipient's bankruptcy or the date of the sequestration of the recipient's estate;

(f) with respect to the effect of bankruptcy upon an AP recipient's liability to make contributions in respect of an alternative payment (whether the contributions relate to sums which the recipient receives, or is entitled to receive, before or after the commencement of the bankruptcy);

(g) with respect to sums which an AP recipient receives, or is entitled to receive, as part of an alternative payment before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the recipient;

(h) excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make contributions in respect of an alternative payment (whether the contributions relate to sums which the AP recipient receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the recipient);

(i) in relation to England, for contributions made in respect of an alternative payment to be dealt with, with the consent of the Treasury, otherwise than by payment into the Consolidated Fund;

(j) in relation to Wales, for contributions made in respect of an alternative payment to be dealt with otherwise than by payment into the Consolidated Fund.”

(5) In subsection (5)—

(a) in the opening words, after “loans” insert “ or from AP recipients in respect of alternative payments ”,

(b) in paragraphs (a)(i) and (c), after “borrowers” insert “ or AP recipients ”,

(c) in paragraph (d)(ii), at the end insert “ or, in the case of requirements imposed on AP recipients, additional contributions in respect of such periods of the same amounts as the payments which would be required by virtue of this paragraph if the AP recipient were a borrower ”,

(d) after paragraph (e) insert—

“(ea) requiring the making by AP recipients, in respect of periods when any contributions due in respect of their alternative payments have not been made, of—

(i) additional contributions of the same amounts as the payments which would be required by virtue of paragraph (e)(i) if the alternative payments were loans, or

(ii) both such additional contributions and one or more surcharges (together with further additional contributions in respect of periods when such surcharges are due but unpaid);”,

(e) in paragraph (f)—

(i) after “borrowers” insert “ or AP recipients ”, and

(ii) at the end insert “ or contributions ”, and

(f) in paragraph (h), after “borrowers” insert “ or AP recipients ”.

(6) In subsection (10), after “Interest” insert “ or contributions ”.

(7) After subsection (10), insert—

“(11) In this section—

(a) references to an alternative payment are to a payment which, in the opinion of the person making the regulations concerned, achieves a similar effect to a loan under this section without including provision for the payment of interest, and

(b) references to a borrower are to a person to whom a loan is made.”

(8) In section 46 of the Teaching and Higher Education Act 1998 (extent etc)—

(a) in subsection (7), in the entry relating to section 22, after “(3)(e)” insert “ , (4B)(e) ”, and

(b) in subsection (8), in the entry relating to section 22, after “or (h)” insert “ , (4B)(e), (f), (g) or (h) ”.

(9) The functions of making any provision authorised by the new subsection (4B)(e) to (h) of section 22 of the Teaching and Higher Education Act 1998 (as inserted by subsection (4)) are exercisable in relation to Wales by the Secretary of State (rather than by the Welsh Ministers).

Part 3 U.K. Research

Establishment of United Kingdom Research and Innovation U.K.

91 United Kingdom Research and Innovation U.K.

(1) A body corporate called United Kingdom Research and Innovation or, in Welsh, Ymchwil ac Arloesedd y Deyrnas Unedig, is established.

(2) In this Act that body is referred to as “UKRI”.

(3) Section 92 and Schedule 9 contain further provision about UKRI.

Commencement Information

I5 S. 91 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

92 The Councils of UKRI U.K.

(1) UKRI is to have the following committees (referred to in this Part as the “Councils”)—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) the Economic and Social Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) the Natural Environment Research Council,

(g) the Science and Technology Facilities Council,

(h) Innovate UK, and

(i) Research England.

(2) The Secretary of State may by regulations amend subsection (1) so as to—

(a) add or omit a Council, or

(b) change the name of a Council.

(3) But the regulations may not omit, or change the name of, Innovate UK or Research England.

(4) Before making regulations under subsection (2), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(5) UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons.

(6) In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.

Commencement Information

I6 S. 92 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

Research and innovation functions and role of the Councils U.K.

93 UK research and innovation functions U.K.

(1) UKRI may—

(a) carry out research into science, technology, humanities and new ideas,

(b) facilitate, encourage and support research into science, technology, humanities and new ideas,

(c) facilitate, encourage and support the development and exploitation of science, technology, new ideas and advancements in humanities,

(d) facilitate, encourage and support knowledge exchange in relation to science, technology, humanities and new ideas,

(e) collect, disseminate and advance knowledge in and in connection with science, technology, humanities and new ideas,

(f) promote awareness and understanding of science, technology, humanities and new ideas,

(g) provide advice on any matter relating to any of its functions, and

(h) promote awareness and understanding of its activities.

(2) The activities which UKRI may carry out in, or in connection with, exercising a function conferred by subsection (1) are not restricted to the United Kingdom.

(3) The functions conferred by subsection (1)(a) to (f) include, in particular, power to encourage and support the provision of postgraduate training in science, technology, humanities and new ideas.

(4) For the purposes of this Part, “knowledge exchange”, in relation to science, technology, humanities or new ideas, means a process or other activity by which knowledge is exchanged where—

(a) the knowledge is in, or in connection with, science, technology, humanities or new ideas (as the case may be), and

(b) the exchange contributes, or is likely to contribute, (whether directly or indirectly) to an economic or social benefit in the United Kingdom or elsewhere.

(5) Section 94 makes further provision about the giving of financial support under this section.

(6) Sections 95 to 98 provide for UKRI to make arrangements for the exercise of functions by the Councils on UKRI's behalf.

Commencement Information

I7 S. 93 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

94 Financial support: supplementary provision U.K.

(1) The power of UKRI under section 93 to give financial support includes, in particular, power to make grants, loans or other payments.

(2) Financial support may be given by UKRI under that section on such terms and conditions as UKRI considers appropriate.

(3) The terms and conditions may, in particular—

(a) enable UKRI to require the repayment, in whole or in part, of sums paid by UKRI if any of the terms and conditions subject to which the sums were paid is not complied with,

(b) require the payment of interest in respect of any period during which a sum due to UKRI in accordance with any of the terms and conditions remains unpaid, and

(c) require a person to whom financial support is given to provide UKRI with any information it requests for the purpose of the exercise of any of its functions.

(4) In exercising the power under section 93 to give financial support to any person, UKRI must have regard to the desirability of not discouraging the person from maintaining or developing funding from other sources.

Commencement Information

I8 S. 94 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

95 Exercise of functions by science and humanities Councils U.K.

(1) UKRI must arrange for the Council listed in the first column of the following table to exercise such functions of UKRI in respect of the field of activity listed in the corresponding entry in the second column of the table as UKRI may determine.

Council	Field of activity
Arts and Humanities Research Council	Arts and humanities
Biotechnology and Biological Sciences Research Council	Biotechnology and biological sciences
Economic and Social Research Council	Social sciences
Engineering and Physical Sciences Research Council	Engineering and physical sciences
Medical Research Council	Medicine and biomedicine aimed at improving human health
Natural Environment Research Council	Environmental and related sciences
Science and Technology Facilities Council	Astronomy, particle physics, space science, nuclear physics and provision and operation of research facilities in relation to any area of activity specified in this column

(2) Arrangements under this section may, in particular, provide for the exercise by the Council concerned of UKRI's functions under paragraph 8(1) and (2) of Schedule 9 in relation to relevant specialist employees.

(3) A “relevant specialist employee”, in relation to a Council, means—

(a) a researcher or scientist employed by UKRI to work in the Council's field of activity (see the table in subsection (1)), or

(b) a person who has knowledge, experience or specialist skills which is or are relevant to the Council's field of activity and is employed by UKRI to work in that field of activity.

(4) Arrangements under this section must require the Council concerned, when exercising any function to which the arrangements relate, to have regard to the desirability of—

(a) contributing (whether directly or indirectly) to economic growth, or an economic benefit, in the United Kingdom,

(b) advancing knowledge (whether in the United Kingdom or elsewhere and whether directly or indirectly) in, or in connection with, science, technology, humanities or new ideas, and

(c) improving quality of life (whether in the United Kingdom or elsewhere).

(5) The Secretary of State may by regulations—

(a) amend the first column of the table in subsection (1) in consequence of provision made by regulations under section 92;

(b) amend the second column of that table.

(6) Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons.

(8) In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.

Commencement Information

I9 S. 95 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

96 Exercise of functions by Innovate UK U.K.

(1) UKRI must arrange for Innovate UK to exercise such functions of UKRI as UKRI may determine for the purpose of increasing economic growth in the United Kingdom.

(2) But arrangements may not be made under this section for the exercise by Innovate UK of UKRI's function mentioned in section 93(1)(a).

(3) Arrangements under this section must require Innovate UK, when exercising any function to which the arrangements relate, to have regard to—

(a) the need to support (directly or indirectly) persons engaged in business activities in the United Kingdom,

(b) the need to promote innovation by persons carrying on business in the United Kingdom, and

(c) the desirability of improving quality of life in the United Kingdom.

Commencement Information

I10 S. 96 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

97 Exercise of functions by Research England U.K.

(1) UKRI must arrange for Research England to exercise such functions of UKRI as UKRI may determine for the purpose of giving financial support within subsection (2) or (3).

(2) Financial support is within this subsection if it is given to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider for the purposes of either or both of the following—

(a) the undertaking of research into, or knowledge exchange in relation to, science, technology, humanities or new ideas by the provider;

(b) the provision of facilities, or the carrying out of other activities, by the provider which its governing body considers it is necessary or desirable to provide or carry out for the purposes of, or in connection with, research into, or knowledge exchange in relation to, science, technology, humanities or new ideas.

(3) Financial support is within this subsection if it is given to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision by any person of services for the purposes of, or in connection with—

(a) the undertaking of research into science, technology, humanities or new ideas by eligible higher education providers receiving financial support which is within subsection (2), or

(b) the undertaking of knowledge exchange in relation to science, technology, humanities or new ideas by eligible education providers receiving such financial support.

(4) Arrangements under this section must require Research England, when exercising a function for the purpose of giving financial support, to consult such persons as Research England considers appropriate before determining any terms and conditions to be imposed in relation to the financial support.

(5) “Eligible higher education provider” has the same meaning as in section 39.

Commencement Information

I11 S. 97 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

98 Exercise of functions by the Councils: supplementary U.K.

(1) UKRI may arrange for any Council to exercise such other functions of UKRI as UKRI may determine in addition to those exercisable by the Council pursuant to arrangements under section 95, 96 or 97 (as the case may be).

(2) Arrangements under subsection (1) may result in a function of UKRI being exercisable by more than one Council.

(3) A function of UKRI which is exercisable by a Council on UKRI's behalf pursuant to arrangements under sections 95 to 97 or subsection (1) may also be exercised by UKRI.

(4) Arrangements under sections 95 to 97 or subsection (1) must require the Council concerned to provide UKRI with such advice or information about the exercise of any function to which the arrangements relate as UKRI may require it to provide.

Commencement Information

I12 S. 98 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

Strategies and strategic delivery plans U.K.

99 UKRI's research and innovation strategy U.K.

(1) UKRI must—

(a) if requested to do so by the Secretary of State, prepare a strategy for the exercise of its functions during the period specified in the request, and

(b) submit the strategy to the Secretary of State for approval.

(2) A strategy under subsection (1) is referred to in this Part as a “research and innovation strategy”.

(3) A research and innovation strategy must specify—

(a) the period before the end of which each Council must submit a strategic delivery plan to UKRI under section 100, and

(b) the period to which such a plan must relate.

(4) The Secretary of State may approve a research and innovation strategy with or without modifications.

(5) UKRI must publish a research and innovation strategy approved under this section in such manner as the Secretary of State may require it to be published.

Commencement Information

I13 S. 99 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

100 Councils' strategic delivery plans U.K.

(1) This section applies where UKRI publishes a research and innovation strategy under section 99.

(2) UKRI must arrange for each Council to—

(a) prepare a strategic delivery plan for the period specified in the strategy by virtue of section 99(3)(b), and

(b) submit it to UKRI for approval.

(3) The strategic delivery plan must be submitted before the end of the period specified in the strategy by virtue of section 99(3)(a).

(4) A strategic delivery plan is a plan setting out the Council's proposals for the exercise by the Council, during the period to which the plan relates, of functions of UKRI pursuant to arrangements under sections 95 to 98.

(5) UKRI may approve a strategic delivery plan with or without modifications.

(6) UKRI must publish a strategic delivery plan approved under this section in such manner as the Secretary of State may require it to be published.

(7) Arrangements under sections 95 to 98 must require the Council concerned, when exercising any function to which the arrangements relate, to do so in accordance with any relevant strategic delivery plan.

(8) A strategic delivery plan is a “relevant strategic delivery plan” for the purposes of subsection (7) if—

(a) it was prepared by the Council concerned and has been approved under this section, and

(b) it relates to the period during which the function concerned is being exercised.

Commencement Information

I14 S. 100 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

Funding and directions U.K.

101 Grants to UKRI from the Secretary of State U.K.

(1) The Secretary of State may make grants to UKRI of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate.

(2) Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, terms and conditions under subsection (1) in respect of those functions may be imposed only if—

(a) they are requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and

(b) they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.

(3) Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, any terms and conditions under subsection (1) in respect of those functions may not be framed by reference to—

(a) particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for the admission of students.

(4) Terms and conditions under subsection (1) may, in particular—

(a) provide for the allocation of the whole or a part of the grant to a particular Council and for subsequent changes in that allocation,

(b) enable the Secretary of State to require the repayment, in whole or in part, of sums paid by the Secretary of State if any of the terms and conditions subject to which the sums were paid is not complied with, and

(c) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.

(5) Where the Secretary of State makes a grant to UKRI under subsection (1), the Secretary of State must publish—

(a) the amount of the grant, and

(b) if the terms and conditions of the grant allocate the whole or a part of that amount to a particular Council—

(i) the name of the Council, and

(ii) the amount of the grant which is so allocated to it.

(6) In this section “specified” means specified in the terms and conditions.

Commencement Information

I15 S. 101 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

102 Secretary of State's power to give directions to UKRI U.K.

(1) The Secretary of State may give UKRI directions about the allocation or expenditure by UKRI of grants received under section 101.

(2) The Secretary of State may give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97, only if—

(a) it relates to requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and

(b) it relates to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.

(3) The Secretary of State may not give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97 which is framed by reference to—

(a) particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for the admission of students.

(4) UKRI must comply with any directions given under this section.

(5) In this section “specified” means specified in the direction.

Commencement Information

I16 S. 102 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

103 Haldane principle, balanced funding and advice from UKRI U.K.

(1) The Secretary of State must have regard to the matters mentioned in subsection (2) when—

(a) deciding to make a grant under section 101,

(b) determining any terms and conditions of a grant under that section, or

(c) giving a direction under section 102.

(2) The matters are—

(a) the Haldane principle, where the grant or direction mentioned in subsection (1) is in respect of functions exercisable by one or more of the Councils mentioned in section 95(1) pursuant to arrangements under that section,

(b) the balanced funding principle, in any case, and

(c) any advice provided to the Secretary of State by UKRI about the allocation of funding in relation to its functions.

(3) The “Haldane principle” is the principle that decisions on individual research proposals are best taken following an evaluation of the quality and likely impact of the proposals (such as a peer review process).

(4) The “balanced funding principle” is the principle that it is necessary to ensure that a reasonable balance is achieved in the allocation of funding as between—

(a) functions exercisable by the Councils mentioned in section 95(1) pursuant to arrangements under that section, and

(b) functions exercisable by Research England pursuant to arrangements under section 97.

Commencement Information

I17 S. 103 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

General functions U.K.

104 General duties U.K.

(1) In exercising its functions, UKRI must have regard to the need to use its resources in the most efficient, effective and economic way.

(2) In exercising its functions, including its duty under subsection (1), UKRI must have regard to guidance given to it by the Secretary of State.

Commencement Information

I18 S. 104 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

105 Power to require information and advice from UKRI U.K.

(1) UKRI must provide the Secretary of State with—

(a) such information regarding any of its functions, or obtained in the exercise of any of its functions, as the Secretary of State may require it to provide, and

(b) such advice regarding any of its functions as the Secretary of State may require it to provide.

(2) UKRI must provide information or advice under subsection (1) in such form as the Secretary of State may require it to be provided.

Commencement Information

I19 S. 105 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

106 Studies for improving economy, efficiency and effectiveness U.K.

(1) UKRI may arrange for studies falling within subsection (2) to be promoted or carried out by a person.

(2) Studies fall within this subsection if they are designed to improve economy, efficiency and effectiveness in carrying out activities in respect of which UKRI gives financial support.

(3) A person promoting or carrying out such studies at the request of UKRI (“a researcher”) may require the person carrying out the activities—

(a) to provide the researcher or an authorised person with such information as the researcher may reasonably require for that purpose, and

(b) to make available for inspection, to the researcher or an authorised person, their accounts and such other documents as the researcher may reasonably require for that purpose.

(4) “Authorised person” means a person authorised by the researcher.

Commencement Information

I20 S. 106 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

107 Provision of research services U.K.

(1) UKRI may, in connection with any of its functions, provide research services to a person (whether or not in the United Kingdom).

(2) The following are “research services”—

(a) undertaking research into science, technology, humanities or new ideas;

(b) making facilities available for the undertaking of such research by another person;

(c) the carrying out of any other activity for the purposes of, or in connection with, the undertaking of such research.

(3) Research services provided by virtue of this section may be provided subject to such terms and conditions as UKRI considers appropriate.

(4) UKRI may charge for research services provided by virtue of this section.

Commencement Information

I21 S. 107 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

108 Representing the United Kingdom U.K.

UKRI must, if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field of activity connected to its functions.

Commencement Information

I22 S. 108 in force at 30.3.2018 by S.I. 2018/241, reg. 3(a)

Supplementary U.K.

109 Predecessor bodies and preservation of symbolic property U.K.

(1) The following bodies corporate (each a “research council”) cease to exist—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) the Economic and Social Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) the Natural Environment Research Council,

(g) the Science and Technology Facilities Council, and

(h) the Technology Strategy Board.

(2) The Royal Charters establishing the research councils, and any supplemental Royal Charter granted to a council, are revoked.

(3) A property transfer scheme made by the Secretary of State under Schedule 10 in connection with a research council must, in particular, make provision for the transfer of the symbolic property of the council to UKRI.

(4) The symbolic property of a research council is—

(a) the name of, and any other name used by, the council,

(b) any goodwill in a name falling within paragraph (a),

(c) any logo or insignia of the council, and

(d) any seal of the council.

Commencement Information

I23 S. 109(1)(a)-(d)(f)(h) in force at 31.10.2018 by S.I. 2018/1054, reg. 2(a)

I24 S. 109(1)(g) in force at 30.3.2020 by S.I. 2020/321, reg. 2(a)

I25 S. 109(2) in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(b)

I26 S. 109(2) in force at 30.3.2020 for specified purposes by S.I. 2020/321, reg. 2(b)

I27 S. 109(3)(4) in force at 30.3.2018 by S.I. 2018/241, reg. 3(b)

110 Amendments to powers to support research U.K.

(1) In section 5 of the Science and Technology Act 1965 (further powers of Secretary of State), after subsection (1) insert—

“(1ZA) The power to give financial support under subsection (1)(a) includes, in particular, power to make a grant, loan or other payment, on such terms and conditions as the relevant authority considers appropriate.

(1ZB) The terms and conditions may, in particular—

(a) enable the relevant authority to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with,

(b) require the payment of interest in respect of any period during which a sum due to the relevant authority in accordance with any of the terms and conditions remains unpaid, and

(c) require a person to whom financial support is given to provide the relevant authority with any information it requests for the purpose of the exercise of any of its functions.

(1ZC) In subsections (1ZA) and (1ZB), “the relevant authority” means—

(a) in the case of the power of the Secretary of State to give financial support under subsection (1)(a), the Secretary of State;

(b) in the case of the power of the Welsh Ministers to give financial support under subsection (1)(a), the Welsh Ministers;

(c) in the case of the power of the Scottish Ministers to give financial support under subsection (1)(a), the Scottish Ministers.”

(2) In section 10 of the Higher Education Act 2004 (research in arts and humanities), after subsection (4) insert—

“(5) The powers under this section to give financial support include, in particular, power to make a grant, loan or other payment, on such terms and conditions as the relevant authority considers appropriate.

(6) The terms and conditions may, in particular—

(a) enable the relevant authority to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with,

(b) require the payment of interest in respect of any period during which a sum due to the relevant authority in accordance with any of the terms and conditions remains unpaid, and

(c) require a person to whom financial support is given to provide the relevant authority with any information it requests for the purpose of the exercise of any of its functions.

(7) In subsections (5) and (6), “the relevant authority” means—

(a) in the case of the power under subsection (1)(a), the Secretary of State;

(b) in the case of the power under subsection (2)(a), the Welsh Ministers;

(c) in the case of the power under subsection (3)(a), the Scottish Ministers;

(d) in the case of the power under subsection (4)(a), the Northern Ireland Department having responsibility for higher education.”

Interpretation U.K.

111 Definitions U.K.

(1) In this Part—

• “Council” has the meaning given by section 92;

• “humanities” includes the arts;

• “knowledge exchange” has the meaning given by section 93;

• “research and innovation strategy” has the meaning given by section 99;

• “science” includes social sciences.

(2) In this Part, a reference to the United Kingdom includes a reference to any part of the United Kingdom.

Commencement Information

I28 S. 111 in force at 30.3.2018 by S.I. 2018/241, reg. 3(c)

Part 4 U.K. General

112 Cooperation and information sharing between the OfS and UKRI U.K.

(1) The OfS and UKRI may cooperate with one another in exercising any of their functions.

(2) The OfS and UKRI must, if required to do so by the Secretary of State, cooperate with one another in exercising any of their functions.

(3) The OfS may provide information to UKRI if the disclosure is made for the purposes of the exercise of any function of UKRI.

(4) UKRI may provide information to the OfS if the disclosure is made for the purposes of the exercise of any function of the OfS.

(5) Provision of information which is authorised by this section does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the provision of information (however imposed).

(6) But nothing in this section authorises the OfS or UKRI to provide information where doing so contravenes [F13 the data protection legislation] .

[F14 (7) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F13 Words in s. 112(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 214(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F14 S. 112(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 214(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I29 S. 112 in force at 1.4.2018 by S.I. 2018/241, reg. 2(m)

113 Joint working U.K.

(1) A relevant authority may exercise any of its functions jointly with another relevant authority if the condition in subsection (2) is met.

(2) The condition is that it appears to the relevant authorities concerned that exercising the function jointly—

(a) will be more efficient, or

(b) will enable them more effectively to exercise any of their functions.

(3) In this section “relevant authority” means—

(a) the OfS,

(b) UKRI, but only in relation to functions exercisable by Research England pursuant to arrangements made under section 97,

[F15 (c) the Commission for Tertiary Education and Research,]

(d) the Scottish Further and Higher Education Funding Council,

(e) the Secretary of State to the extent that the Secretary of State is exercising functions under section 14 of the Education Act 2002 (power to give financial assistance for purposes related to education or children etc),

(f) the Welsh Ministers to the extent that they are exercising their functions under [F16 any of the following provisions of the Tertiary Education and Research (Wales) Act 2022—

(i) section 92 (financial support by Welsh Ministers for certain higher education courses);

(ii) section 97 (financial support for further education or training);

(iii) section 100 (means tests);

(iv) section 103(1) (financial support for other activities connected to tertiary education), or]

(g) the Department for the Economy in Northern Ireland, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in relation to funding higher education, or research, in Northern Ireland but only to the extent that the Department is exercising functions in connection with such funding.

(4) For the purposes of subsection (3)(g), “higher education” has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

Textual Amendments

F15 S. 113(3)(c) substituted (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2024 (S.I. 2024/433), arts. 1(3), 6; S.I. 2024/806, art. 2(b) (with art. 28)

F16 Words in s. 113(3)(f) substituted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2026 (S.I. 2026/358), arts. 1(3), 4(2)

Commencement Information

I30 S. 113 in force at 1.4.2018 by S.I. 2018/241, reg. 2(m)

114 Advice to Northern Ireland departments U.K.

(1) The OfS and UKRI may provide such advisory services as the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may require in connection with the discharge of the Department's functions relating to higher education in Northern Ireland.

(2) The services may be provided on such terms as may be agreed.

(3) For the purposes of this section “higher education” has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

Commencement Information

I31 S. 114 in force at 1.4.2018 by S.I. 2018/241, reg. 2(m)

115 Transfer schemes U.K.

Schedule 10 contains provision about schemes for the transfer of staff and property, rights and liabilities in connection with—

(a) the establishment of the OfS or UKRI by this Act, or

(b) a body or office ceasing to exist by virtue of this Act.

116 Power to make consequential provision etc U.K.

(1) The Secretary of State may by regulations make such provision as appears to the Secretary of State to be appropriate in consequence of any provision made by or under this Act.

(2) The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify—

(a) primary or secondary legislation passed or made before this Act or in the same Session as this Act, or

(b) subject to subsections (3) and (4), a Royal Charter granted before this Act is passed or in the same Session as this Act.

(3) Provision may be made under subsection (1) by virtue of subsection (2)(b) only if such provision appears to the Secretary of State to be appropriate in consequence of provision made by or under any of sections 42 to 60 (degree awarding powers and university title).

(4) Provision made under subsection (1) by virtue of subsection (2)(b) may not revoke a Royal Charter in its entirety.

117 Transitional, transitory or saving provision U.K.

The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

118 Pre-commencement consultation U.K.

(1) Subsections (2) and (3) apply in relation to a provision of this Act under or by virtue of which the OfS has a function of consulting another person.

(2) At any time before the provision comes into force (and whether before or after the passing of this Act), the Secretary of State, the DFA or HEFCE or any of them acting jointly—

(a) may carry out any consultation that the OfS would have power or a duty to carry out after the provision comes into force, and

(b) for that purpose, may prepare drafts of any documents to which the consultation relates.

(3) At any time after the provision comes into force, the OfS may elect to treat any consultation carried out or other thing done under subsection (2) by the Secretary of State, the DFA or HEFCE (or any of them acting jointly) as carried out or done by the OfS.

(4) Where the OfS has a consultation function involving registered higher education providers, references to registered higher education providers in the provisions describing the consultees are to be read as references to English higher education providers—

(a) for the purposes of applying subsection (2) at any time when there are no registered higher education providers, and

(b) for the purposes of applying subsection (3) in relation to any thing done under subsection (2) in reliance upon paragraph (a) of this subsection.

(5) For the purposes of subsection (4), “a consultation function involving registered higher education providers” is a function of consulting—

(a) registered higher education providers (whether generally or a description of such providers), or

(b) persons with a connection (however described) to such providers.

(6) In subsections (4) and (5), “English higher education provider” and “registered higher education provider” have the same meaning as in Part 1 (see sections 83 and 85).

(7) Subsections (8) and (9) apply in relation to a provision of this Act under or by virtue of which UKRI has a function of consulting another person.

(8) At any time before the provision comes into force (and whether before or after the passing of this Act), the Secretary of State or HEFCE or the Secretary of State and HEFCE acting jointly—

(a) may carry out any consultation that UKRI would have power or a duty to carry out after the provision comes into force, and

(b) for that purpose, may prepare drafts of any documents to which the consultation relates.

(9) At any time after the provision comes into force, UKRI may elect to treat any consultation carried out or other thing done under subsection (8) by the Secretary of State or HEFCE (or the Secretary of State and HEFCE acting jointly) as carried out or done by UKRI.

(10) In this section—

• “the DFA” means the Director of Fair Access to Higher Education;

• “HEFCE” means the Higher Education Funding Council for England.

Commencement Information

I32 S. 118 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(o)

119 Regulations U.K.

(1) Any power to make regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 9(1) (prescribed description of providers for whom a transparency condition is mandatory);

(b) regulations under section 15(2) [F17 or 69B(3)] (power to impose monetary penalties);

(c) regulations under section 29(5) (regulations regarding the OfS's approval of access and participation plans);

(d) regulations under section 32(1) (content of such a plan: equality of opportunity);

(e) regulations under section 39(3) (prescribed description of providers eligible for financial support);

(f) regulations under section 92(2) (regulations changing the structure of UKRI's Councils);

(g) regulations under section 95(5) (regulations in connection with changes made to structure of UKRI's Councils or changing the fields of activity of the Councils);

(h) regulations under section 116(1) (power to make consequential provision) which include provision that amends, repeals or revokes a provision of primary legislation or of a Royal Charter;

[F18 (ha) regulations under paragraph 1(3) of Schedule 2 (choice of method for determining fee limit);

(hb) regulations under paragraph 1B, 1C or 1F of Schedule 2 (credit-based method for determining fee limit);]

(i) regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing the higher amount, basic amount or floor amount), except regulations to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).

(3) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) But subsection (3) does not apply to regulations under Schedule 2 to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).

(5) Regulations under this Act may—

(a) make different provision for different purposes, cases or areas,

(b) make provision generally or only in relation to specified cases,

(c) make incidental, consequential, supplementary, transitional, transitory or saving provision, and

(d) include provision framed by reference to matters determined or published by the OfS (whether before or after the regulations are made).

(6) Nothing in this Act is to be regarded as affecting the generality of subsection (5).

(7) This section does not apply to regulations made under section 124 (commencement).

Textual Amendments

F17 Words in s. 119(2)(b) inserted (11.5.2023 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 7(2), 13(1)(a)(3)

F18 S. 119(2)(ha)(hb) inserted (12.5.2026 for specified purposes, 1.9.2026 in so far as not already in force) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(6), 3(2); S.I. 2026/497, reg. 2(1)(2) (with reg. 3)

120 Directions U.K.

Any power conferred by this Act to give directions includes power, exercisable in the same manner and subject to the same conditions or limitations, to vary or revoke directions previously given.

121 General interpretation U.K.

In this Act—

• “notice” means written notice (and to “notify” means to give written notice);

• “the OfS” has the meaning given by section 1;

• “primary legislation” means—

  (a)

  an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales;

  (d)

  Northern Ireland legislation;

• “secondary legislation” means an instrument made under primary legislation;

• “UKRI” has the meaning given by section 91.

122 Minor and consequential amendments U.K.

(1) Schedule 11 contains minor and consequential amendments relating to Part 1.

(2) Schedule 12 contains minor and consequential amendments relating to Part 3.

Commencement Information

I33 S. 122(1) in force at 1.4.2018 for specified purposes by S.I. 2018/241, reg. 2(n)

I34 S. 122(1) in force at 1.8.2019 in so far as not already in force by S.I. 2018/1226, reg. 4(l)

I35 S. 122(2) in force at 1.4.2018 for specified purposes by S.I. 2018/241, reg. 2(o)

I36 S. 122(2) in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(c)

I37 S. 122(2) in force at 30.3.2020 for specified purposes by S.I. 2020/321, reg. 2(c)

123 Extent U.K.

(1) Subject to the rest of this section, this Act extends to England and Wales only.

(2) The following provisions also extend to Scotland and Northern Ireland—

(a) section 25 (rating the quality of, and the standards applied to, higher education);

(b) sections 79 and 80 (powers to obtain and use application-to-acceptance information);

(c) section 83 (meaning of “English higher education provider” etc);

(d) Part 3 (research);

(e) this Part.

(3) Section 86(9)—

(a) so far as it relates to section 22(4B)(e) of the Teaching and Higher Education Act 1998, also extends to Scotland and Northern Ireland;

(b) so far as it relates to section 22(4B)(f), (g) and (h) of that Act, also extends to Northern Ireland.

(4) Any amendment or repeal made by this Act has the same extent within the United Kingdom as the enactment amended or repealed.

(5) Subsection (4) does not apply to the amendment made by section 86(4) (power to make alternative payments) which—

(a) so far as it inserts subsection (4B)(e) into section 22 of the Teaching and Higher Education Act 1998, extends to England and Wales, Scotland and Northern Ireland,

(b) so far as it inserts subsection (4B)(f), (g) and (h) into that section, extends to England and Wales and Northern Ireland, and

(c) otherwise extends to England and Wales only.

(6) Subsection (4) does not apply to the amendments and repeals made by paragraph 13 of Schedule 12 to section 41 of the Patents Act 1977 which have the same extent as that section.

124 Commencement U.K.

(1) The following provisions of this Part come into force on the day on which this Act is passed—

(a) sections 115 to 117;

(b) sections 119 to 121;

(c) section 123;

(d) this section;

(e) section 125.

(2) Sections 86, 87 and 88 come into force, so far as relating to a matter specified in an entry in column 1 of the following table, on such day as the person specified in the corresponding entry in column 2 of the table may by regulations made by statutory instrument appoint, after consulting the person (if any) specified in the corresponding entry in column 3 of the table.

TABLE

1. Matters:	2. Commencement by:	3. After consulting:
Powers exercisable by the Welsh Ministers	The Welsh Ministers
Powers exercisable by the Secretary of State concurrently with the Welsh Ministers	The Secretary of State	The Welsh Ministers
Powers exercisable by the Secretary of State in relation to Wales	The Secretary of State	The Welsh Ministers
Other matters	The Secretary of State.

(3) Section 89(2)(h)(ii) and (4) come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by statutory instrument appoint.

(4) Section 110 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(5) The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(6) Regulations under this section may appoint different days for different purposes or areas.

125 Short title U.K.

(1) This Act may be cited as the Higher Education and Research Act 2017.

(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.

SCHEDULES

[F19 SCHEDULE 6A U.K. Free speech complaints scheme

Textual Amendments

F19 Sch. 6A inserted (1.9.2026 except for the insertion of paras. 1(2)(b), 3 and for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 8(2), 13(3); S.I. 2026/654, reg. 2(2)

Introductory U.K.

1 (1) The OfS must provide a scheme under which the OfS is to review and determine free speech complaints (in this Schedule called “the scheme”).

(2) In this Schedule “free speech complaint” means—

(a) a HEP free speech complaint (see paragraph 2), or

(b) a students’ union free speech complaint (see paragraph 3).

2 (1) A HEP free speech complaint is a complaint made by an eligible person to the OfS which—

(a) claims that the person has suffered adverse consequences as a result of action or inaction of the governing body of a registered higher education provider or of a constituent institution of such a provider, and

(b) claims that, or gives rise to a question as to whether, the action or inaction was a breach of a duty of the governing body under section A1.

(2) In sub-paragraph (1), “eligible person” means—

(a) a person who is or was a student, member or member of staff of the provider or constituent institution (as the case may be),

(b) a person who has applied to become a member of academic staff of the provider or constituent institution (as the case may be), or

(c) a person who was, or was at any time invited to be, a visiting speaker.

(3) A HEP free speech complaint may include claims other than those described in sub-paragraph (1).

3 (1) A students’ union free speech complaint is a complaint made by an eligible person to the OfS which—

(a) claims that the person has suffered adverse consequences as a result of action or inaction of a students’ union for students at a registered higher education provider that is eligible for financial support, and

(b) claims that, or gives rise to a question as to whether, the action or inaction was a breach of a duty of the students’ union under section A5.

(2) In sub-paragraph (1), “eligible person” means—

(a) a person who is or was—

(i) a member or member of staff of the students’ union,

(ii) a student of the provider, or

(iii) a member or member of staff of the provider or of any of its constituent institutions, or

(b) a person who was, or was at any time invited to be, a visiting speaker.

(3) A students’ union free speech complaint may include claims other than those described in sub-paragraph (1).

4 In this Schedule, references to the “parties” to a free speech complaint are to—

(a) the person making the complaint (“the complainant”), and

(b) the governing body of a registered higher education provider or constituent institution or students’ union about which the complaint is made.

Scope of scheme U.K.

5 (1) The scheme must provide that every free speech complaint is capable of being referred under the scheme.

(2) But the scheme may include provision that—

(a) free speech complaints must be referred under the scheme within a time limit specified in, or determined in accordance with, the scheme;

(b) a free speech complaint is not to be referred under the scheme until the complainant has exhausted any internal procedure for the review of complaints which is provided by the registered higher education provider, constituent institution or students’ union about which the complaint is made;

(c) a free speech complaint is not to be referred under the scheme if proceedings relating to the subject-matter of the complaint, to which the complainant is or was a party, are being, or have been, dealt with by a court or tribunal;

(d) a free speech complaint is not to be referred under the scheme if a complaint brought by the complainant and relating to the same subject-matter is being, or has been, dealt with under the student complaints scheme.

(3) In sub-paragraph (2)(d), the “student complaints scheme” means the scheme for the review of qualifying complaints (within the meaning of section 12 of the Higher Education Act 2004) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).

Decisions and recommendations U.K.

6 (1) The scheme must require the OfS—

(a) to make a decision as to the extent to which a free speech complaint which is referred under the scheme and not withdrawn is justified, and

(b) to make that decision as soon as reasonably practicable.

(2) But the scheme may allow the OfS to dismiss a free speech complaint without consideration of the merits of it if the OfS considers the complaint to be frivolous or vexatious.

7 (1) The scheme must provide that, where the OfS considers a free speech complaint to be justified (wholly or partly), it may make a recommendation to the governing body or students’ union about which the complaint is made.

(2) A complaint may be partly justified if, for example, the OfS considers that the governing body or students’ union has breached a duty under section A1 or A5 but the complainant did not suffer adverse consequences as a result of the breach.

(3) A recommendation for which the scheme may provide is a recommendation—

(a) to do anything specified in the recommendation (which may include the payment of sums specified in the recommendation), or

(b) to refrain from doing anything specified in the recommendation.

(4) But the scheme may not provide for recommendations arising from claims included in a free speech complaint which are not claims described in paragraphs 2(1) and 3(1).

(5) The scheme may not authorise the OfS to require anyone to do or not do anything.

(6) The powers of the OfS to make recommendations under the scheme do not affect any of its other powers.

8 The scheme must require the OfS to notify the parties to a free speech complaint in writing of—

(a) its decision and its reasons for making it, and

(b) any recommendation it has made and its reasons for making it.

Fees U.K.

9 The scheme may not require complainants to pay any fees in connection with the operation of the scheme.

Publication U.K.

10 The OfS must publish the latest version of the scheme in such manner as it thinks fit.

Duty to comply U.K.

11 (1) The OfS, a registered higher education provider, a constituent institution of such a provider and a students’ union must comply with any requirements that the scheme imposes on it.

(2) If a registered higher education provider, a constituent institution or a students’ union fails to comply with a requirement imposed by the scheme, and does not satisfy the OfS that it is unable to comply, the OfS may enforce the requirement in civil proceedings for an injunction.

Review U.K.

12 (1) This paragraph applies if the Secretary of State requests the OfS to—

(a) conduct a review of the scheme or its operation (or any aspect of either of those matters), and

(b) report the results of the review to the Secretary of State.

(2) The OfS must comply with the request within such time as may be specified by the Secretary of State.

(3) In conducting the review, the OfS must comply with any particular requirements imposed by the Secretary of State.

Defamation U.K.

13 For the purposes of the law of defamation, absolute privilege attaches to the publication under section 67A of—

(a) any decision or recommendation made by the OfS under the scheme, and

(b) any report under paragraph 12(1)(b).]

Section 91

SCHEDULE 9 U.K. United Kingdom Research and Innovation

Status U.K.

1 (1) UKRI is not to be regarded— U.K.

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) UKRI's property is not to be regarded—

(a) as the property of the Crown, or

(b) as property held on behalf of the Crown.

Commencement Information

I38 Sch. 9 para. 1 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Membership of UKRI U.K.

2 (1) UKRI is to consist of the following members appointed by the Secretary of State— U.K.

(a) a chair (“the chair”),

(b) the Chief Executive Officer (“the CEO”),

(c) the Chief Finance Officer (“the CFO”), and

(d) at least nine and not more than twelve other members.

(2) In this Schedule, references to the “members of UKRI” are to the members mentioned in sub-paragraph (1).

(3) The chair may not also be the CEO or the CFO.

(4) Before appointing the members mentioned in sub-paragraph (1)(b) to (d), the Secretary of State must consult the chair.

(5) The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members (between them) having experience of—

(a) research into science, technology, humanities and new ideas,

(b) the development and exploitation of science, technology, new ideas and advancements in humanities, and

(c) industrial, commercial and financial matters, the charitable sector and the practice of any profession.

(6) The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members including at least one person with relevant experience in relation to at least one of Wales, Scotland and Northern Ireland.

(7) “Relevant experience” means experience of one or more of the following—

(a) research into science, technology, humanities or new ideas;

(b) the development or exploitation of science, technology, new ideas or advancements in humanities;

(c) industrial, commercial or financial matters, the charitable sector or the practice of any profession.

Commencement Information

I39 Sch. 9 para. 2 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Membership of the Councils U.K.

3 (1) Each Council is to consist of— U.K.

(a) an executive chair appointed by the Secretary of State (the “executive chair”), and

(b) at least five and not more than twelve other members (the “ordinary Council members”).

(2) In this Schedule, a reference to the “Council members” is to the executive chair and the ordinary Council members of each Council.

(3) The Secretary of State may appoint one of the ordinary Council members of each Council after consulting the chair of UKRI.

(4) The other ordinary Council members are to be appointed by UKRI after consulting the executive chair.

(5) A majority of the ordinary Council members of a Council must be persons who are neither members, nor employees, of UKRI.

Commencement Information

I40 Sch. 9 para. 3 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Terms of appointment and tenure U.K.

4 U.K. A person holds and vacates office as a member of UKRI or as a Council member in accordance with the terms of his or her appointment.

Commencement Information

I41 Sch. 9 para. 4 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

5 (1) This paragraph applies to a person (a “Ministerial appointee”) appointed as— U.K.

(a) a member of UKRI,

(b) an executive chair, or

(c) an ordinary Council member where the appointment was made by the Secretary of State.

(2) The terms and conditions of a Ministerial appointee's appointment are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule.

(3) A Ministerial appointee may resign from office as a member of UKRI, executive chair or an ordinary Council member by notifying the Secretary of State.

(4) The Secretary of State may remove a Ministerial appointee from office on any of the following grounds—

(a) absence from UKRI's or the Council's meetings, as the case may be, for a continuous period of more than six months without UKRI's or the Council's permission,

(b) inability or unfitness to carry out the functions of the office, or

(c) such other grounds as the Secretary of State considers appropriate.

Commencement Information

I42 Sch. 9 para. 5 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

6 (1) This paragraph applies to a person (an “UKRI appointee”) appointed as an ordinary Council member where the appointment was made by UKRI. U.K.

(2) The terms and conditions of an UKRI appointee's appointment are to be determined by UKRI; but that is subject to the following provisions of this Schedule.

(3) An UKRI appointee may resign from office as an ordinary Council member by notifying UKRI.

(4) UKRI may remove an UKRI appointee from office on any of the following grounds—

(a) absence from the Council's meetings for a continuous period of more than six months without the Council's permission,

(b) inability or unfitness to carry out the functions of the office, or

(c) such other grounds as UKRI considers appropriate.

Commencement Information

I43 Sch. 9 para. 6 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Remuneration etc U.K.

7 (1) UKRI must pay to members of UKRI and Council members such remuneration as the Secretary of State may determine. U.K.

(2) UKRI must pay, or make provision for paying, to or in respect of a person who is or has been a member of UKRI or a Council member, such sums as the Secretary of State may determine in respect of pension, allowances, expenses or gratuities.

(3) If, where a person ceases to be a member of UKRI or a Council member, the Secretary of State determines that he or she should be compensated because of special circumstances, UKRI must pay him or her compensation of such amount as the Secretary of State may determine.

Commencement Information

I44 Sch. 9 para. 7 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Staffing of UKRI U.K.

8 (1) UKRI may— U.K.

(a) appoint employees, and

(b) make such other arrangements for the staffing of UKRI as it considers appropriate.

(2) The terms and conditions of appointment as employees are to be determined by UKRI with the approval of the Secretary of State.

(3) UKRI must pay its employees such remuneration as UKRI may determine with the approval of the Secretary of State.

(4) UKRI must pay, or make provision for paying, to or in respect of a person who is an employee of UKRI, such sums as UKRI may determine with the approval of the Secretary of State in respect of allowances or expenses.

(5) UKRI may pay, or make provision for paying—

(a) to or in respect of a person who is or has been an employee of UKRI, such sums as UKRI may determine with the approval of the Secretary of State in respect of pensions or gratuities, and

(b) to or in respect of a person who has been an employee of UKRI, such sums as UKRI may determine with the approval of the Secretary of State in respect of allowances or expenses.

(6) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert— “ United Kingdom Research and Innovation. ”

(7) UKRI must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the 1972 Act.

Commencement Information

I45 Sch. 9 para. 8 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Executive Committee U.K.

9 (1) UKRI must establish a committee called “the Executive Committee”. U.K.

(2) The Executive Committee is to consist of—

(a) the CEO, who is to be its chair,

(b) the CFO,

(c) the executive chair of each of the Councils, and

(d) such other members as the CEO may appoint.

(3) Those appointed under sub-paragraph (2)(d)—

(a) must be employees of UKRI, and

(b) if they cease to be such employees, may not continue as members appointed under that provision.

(4) The Executive Committee may establish sub-committees, and a sub-committee so established is referred to in this Schedule as an “Executive sub-committee”.

(5) An Executive sub-committee may include persons who are not members of UKRI, Council members or employees of UKRI.

(6) UKRI must pay such allowances as the Secretary of State may determine to any person who—

(a) is a member of an Executive sub-committee, but

(b) is not a member of UKRI, a Council member or an employee of UKRI.

Commencement Information

I46 Sch. 9 para. 9 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Other committees and sub-committees U.K.

10 (1) UKRI may establish committees (in addition to the Councils and the Executive Committee). U.K.

(2) A committee established under sub-paragraph (1) may establish sub-committees.

(3) A committee or sub-committee established under sub-paragraph (1) or (2) is referred to in this Schedule as a “general committee”.

(4) A Council may establish sub-committees and a sub-committee so established is referred to in this Schedule as a “Council sub-committee”.

(5) A general committee and a Council sub-committee may include persons who are not members of UKRI, Council members or employees of UKRI.

(6) UKRI must pay such allowances as the Secretary of State may determine to any person who—

(a) is a member of a general committee or a Council sub-committee, but

(b) is not a member of UKRI, a Council member or an employee of UKRI.

(7) UKRI must keep under review—

(a) the structure of the general committees, and

(b) the scope of each such committee's activities.

(8) Each Council must keep under review—

(a) the structure of its Council sub-committees, and

(b) the scope of each such sub-committee's activities.

Commencement Information

I47 Sch. 9 para. 10 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Procedure U.K.

11 (1) UKRI, a Council and the Executive Committee may each determine their own procedure and the procedure of any relevant committee. U.K.

(2) “Relevant committee” means—

(a) in the case of UKRI, a general committee,

(b) in the case of a Council, a Council sub-committee established by it, and

(c) in the case of the Executive Committee, an Executive sub-committee.

(3) But sub-paragraph (1) is subject to the rest of this paragraph.

(4) The quorum for a meeting of UKRI or a Council is half the number of its members.

(5) The Secretary of State, or a representative of the Secretary of State, is entitled—

(a) to attend any meeting of UKRI or of any Council, Council sub-committee or general committee, and

(b) to take part in any deliberations (but not in decisions) at such meetings.

(6) UKRI must provide the Secretary of State, or a representative of the Secretary of State, with such copies of documents distributed to its members or to any general committee as the Secretary of State or the representative may require it to provide.

(7) A Council must provide the Secretary of State, or a representative of the Secretary of State, with such copies of documents distributed to its members or to any Council sub-committee as the Secretary of State or the representative may require it to provide.

Commencement Information

I48 Sch. 9 para. 11 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

12 U.K. The validity of any proceedings of UKRI, or of any Council, Council sub-committee or general committee, or of the Executive Committee or any Executive sub-committee, is not affected by a vacancy or a defective appointment.

Commencement Information

I49 Sch. 9 para. 12 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Delegation of functions by UKRI U.K.

13 (1) UKRI may delegate any of its functions to— U.K.

(a) a member of UKRI,

(b) an employee authorised for that purpose,

(c) a Council or a Council sub-committee, or

(d) a general committee.

(2) A function is delegated under this paragraph to the extent, and on the terms that, UKRI determines.

Commencement Information

I50 Sch. 9 para. 13 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Accounts and audit U.K.

14 (1) UKRI must— U.K.

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) its content and form;

(b) the methods and principles to be applied in preparing it;

(c) the additional information (if any) which is to be provided for the information of Parliament.

(3) UKRI must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts, and

(b) send a copy of each report and certified statement to the Secretary of State.

(5) The Secretary of State must lay before Parliament a copy of each such report and certified statement.

(6) In this Schedule “financial year” means—

(a) the period beginning with the date on which UKRI is established and ending with the second 31 March following that date, and

(b) each successive period of 12 months.

Commencement Information

I51 Sch. 9 para. 14 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Annual report U.K.

15 (1) UKRI must prepare a report on the exercise of its functions during each financial year. U.K.

(2) The report must include the statement of accounts in respect of that year.

(3) The report must include a statement regarding how UKRI has cooperated with the OfS during that year.

(4) The report relating to a financial year must be prepared as soon as possible after the end of the financial year.

(5) UKRI must send the report to the Secretary of State.

(6) The Secretary of State must lay the report before Parliament.

Commencement Information

I52 Sch. 9 para. 15 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Seal and evidence U.K.

16 (1) The application of UKRI's seal must be authenticated by the signature of— U.K.

(a) a member of UKRI, or

(b) another person authorised for that purpose by UKRI.

(2) A document purporting to be duly executed under UKRI's seal or signed on its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the contrary is shown.

(3) But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

Commencement Information

I53 Sch. 9 para. 16 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Supplementary powers U.K.

17 (1) UKRI may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions. U.K.

(2) In particular, UKRI may—

(a) acquire and dispose of land and other property,

(b) enter into contracts, and

(c) accept gifts of money, land or other property.

(3) But UKRI may do any of the following only in accordance with terms and conditions specified from time to time by the Secretary of State—

(a) borrow money;

(b) enter into joint ventures;

(c) form, participate in forming, or invest in, a company, partnership or other similar form of organisation;

(d) invest sums.

Commencement Information

I54 Sch. 9 para. 17 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Public records U.K.

18 U.K. In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert— “ United Kingdom Research and Innovation. ”

Commencement Information

I55 Sch. 9 para. 18 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Investigation by the Parliamentary Commissioner U.K.

19 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ United Kingdom Research and Innovation. ”

Commencement Information

I56 Sch. 9 para. 19 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

House of Commons disqualification U.K.

20 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017). ”

Commencement Information

I57 Sch. 9 para. 20 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Northern Ireland Assembly disqualification U.K.

21 U.K. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017). ”

Commencement Information

I58 Sch. 9 para. 21 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Freedom of information U.K.

22 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), at the appropriate place insert— “ United Kingdom Research and Innovation. ”

Commencement Information

I59 Sch. 9 para. 22 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Public sector equality duty U.K.

23 U.K. In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Industry, business, finance etc”, at the end insert— “ United Kingdom Research and Innovation. ”

Commencement Information

I60 Sch. 9 para. 23 in force at 30.3.2018 by S.I. 2018/241, reg. 3(d)

Section 115

SCHEDULE 10 U.K. Transfer schemes

Transfer schemes U.K.

1 (1) The Secretary of State may make one or more property transfer schemes or staff transfer schemes in connection with— U.K.

(a) the establishment of the OfS or UKRI by this Act, or

(b) any of the following ceasing to exist by virtue of this Act—

(i) the Higher Education Funding Council for England,

(ii) the office of Director of Fair Access to Higher Education, or

(iii) a research council listed in section 109(1).

(2) In this Schedule, a “permitted transferor” means the Secretary of State or a body or office listed in sub-paragraph (1)(b).

(3) A “property transfer scheme” is a scheme for the transfer from a permitted transferor of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to a permitted transferee.

(4) A “staff transfer scheme” is a scheme for the transfer from a permitted transferor of any rights or liabilities under or in connection with a contract of employment to a permitted transferee.

(5) In this Schedule, a “permitted transferee” means—

(a) the OfS,

(b) UKRI,

(c) the Secretary of State, or

(d) such other person as may be specified by the Secretary of State in the scheme.

Supplementary U.K.

2 (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include— U.K.

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(c) criminal liabilities.

(2) A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by the permitted transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, or on behalf of, or in relation to, the permitted transferor in respect of anything transferred;

(d) make provision for references to the permitted transferor in an instrument or other document in respect of anything transferred to be treated as references to the permitted transferee.

(3) A property transfer scheme may make provision for the shared ownership or use of property.

(4) A staff transfer scheme may make provision which is the same as or similar to the TUPE regulations.

(5) A property transfer scheme or a staff transfer scheme may provide—

(a) for the scheme to be modified by agreement after it comes into effect, and

(b) for any such modifications to have effect from the date when the original scheme comes into effect.

Interpretation U.K.

3 (1) For the purposes of this Schedule— U.K.

(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.

(2) In this Schedule—

(a) “civil service” means civil service of the State;

(b) “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

(c) references to the transfer of property include references to the grant of a lease.

Section 122

SCHEDULE 11 U.K. Minor and consequential amendments relating to Part 1

Public Records Act 1958 U.K.

1 U.K. In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), omit—

(a) “Director of Fair Access to Higher Education.”, and

(b) “Higher Education Funding Council for England.

Commencement Information

I61 Sch. 11 para. 1 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Parliamentary Commissioner Act 1967 U.K.

2 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit—

(a) “The Director of Fair Access to Higher Education.”, and

(b) “Higher Education Funding Council for England.

Commencement Information

I62 Sch. 11 para. 2 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Superannuation Act 1972 U.K.

3 U.K. In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), omit—

(a) “Employment by the Director of Fair Access to Higher Education.”, and

(b) “Higher Education Funding Council for England.”

Commencement Information

I63 Sch. 11 para. 3 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

House of Commons Disqualification Act 1975 U.K.

4 U.K. In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), omit—

(a) “Director of Fair Access to Higher Education.”, and

(b) “Any member of the Higher Education Funding Council for England in receipt of remuneration.

Commencement Information

I64 Sch. 11 para. 4 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Education (No. 2) Act 1986 U.K.

5 (1) Section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities etc) is amended as follows. U.K.

(2) After subsection (4) insert—

“(4A) The establishments in England to which this section applies are—

(a) any registered higher education provider;

(b) any establishment of higher or further education which is maintained by a local authority;

(c) any institution within the further education sector.”

(3) In subsection (5), after “The establishments” insert “ in Wales ”.

(4) In subsection (6), in the definition of “governing body”, for “in relation to any university” substitute “—

(a) in relation to a registered higher education provider, has the meaning given by section 85(1) of the Higher Education and Research Act 2017;

(b) in relation to a university in Wales,”.

(5) In subsection (6), after the definition of “governing body” insert—

““registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017;”.

(6) After subsection (6) insert—

“(6A) For the purposes of this section—

(a) an establishment is taken to be in England if its activities are carried on, or principally carried on, in England;

(b) an establishment is taken to be in Wales if its activities are carried on, or principally carried on, in Wales.”

(7) In subsection (7)(a), after “subsection” insert “ (4A)(b) or ”.

Commencement Information

I65 Sch. 11 para. 5 in force at 1.8.2019 by S.I. 2018/1226, reg. 4(p)

Education Reform Act 1988 U.K.

6 U.K. The Education Reform Act 1988 is amended as follows.

Commencement Information

I66 Sch. 11 para. 6 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

F20 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 11 para. 7 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

F21 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 11 para. 8 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

9 U.K. In section 129(1) (designation of institutions), for “a higher education funding council” substitute “ the Higher Education Funding Council for Wales ”.

Commencement Information

I67 Sch. 11 para. 9 in force at 1.8.2019 by S.I. 2018/1226, reg. 4(p)

10 (1) Section 133 (payments in respect of persons employed in the provision of higher or further education) is amended as follows. U.K.

(2) In the heading, omit “by Polytechnics and Colleges Funding Council”.

(3) In subsection (1)—

(a) for “A higher education funding council shall” substitute “ The Office for Students and the Higher Education Funding Council for Wales each ”, and

(b) for “the council” substitute “ they ”.

Commencement Information

I68 Sch. 11 para. 10 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

F22 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 11 para. 11 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

Further and Higher Education Act 1992 U.K.

12 U.K. The Further and Higher Education Act 1992 is amended as follows.

Commencement Information

I69 Sch. 11 para. 12 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

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

Commencement Information

I70 Sch. 11 para. 13 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

14 (1) Section 62 (establishment of the Higher Education Funding Councils) is amended as follows. U.K.

(2) In the heading, for “The Higher Education Funding Councils” substitute “ The Higher Education Funding Council for Wales ”.

(3) In subsection (1)—

(a) omit paragraph (a), and

(b) in paragraph (b), after “them” insert “ (referred to in this Act as “the HEFCW”) ”.

(4) Omit subsection (2).

(5) In subsection (4), for “a council” substitute “ the HEFCW ”.

(6) Omit subsections (5) and (6).

(7) In subsection (7)—

(a) omit “institutions in England or”,

(b) in paragraph (a), omit “England or, as the case may be,”, and

(c) in paragraph (b), omit “, in both cases,”.

(8) In subsection (7A), for “each council” substitute “ the HEFCW ”.

(9) In subsection (8), for “one of the councils” substitute “ the HEFCW or the Office for Students ”.

(10) In subsection (9), for “each of the councils” substitute “ the HEFCW ”.

Commencement Information

I71 Sch. 11 para. 14 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

15 (1) Section 65 (administration of funds by councils) is amended as follows. U.K.

(2) In the heading, for “councils” substitute “ the HEFCW ”.

(3) In subsection (1)—

(a) for “Each council” substitute “ The HEFCW ”, and

(b) for “the council” substitute “ the HEFCW ”.

(4) In subsection (2)(a), for “the council's” substitute “the HEFCW's”.

(5) In subsection (3)—

(a) for “A council” substitute “ The HEFCW ”, and

(b) for “the council” substitute “ the HEFCW ”.

(6) In subsection (3A)—

(a) for “a Council” substitute “ the HEFCW ”, and

(b) for “the Council” substitute “ the HEFCW ”.

(7) In subsection (3B), for “the Council in question” substitute “ the HEFCW ”.

(8) In subsection (4)—

(a) for “a council” substitute “ the HEFCW ”, and

(b) for “the council”, in each place, substitute “ the HEFCW ”.

Commencement Information

I72 Sch. 11 para. 15 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

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

(2) In subsection (1)—

(a) for “a council” substitute “ the HEFCW ”, and

(b) for “the council”, in each place, substitute “ the HEFCW ”.

(3) In subsections (2) and (3), for “a council” substitute “ the HEFCW ”.

(4) In subsection (4), for “the council” substitute “ the HEFCW ”.

Commencement Information

I73 Sch. 11 para. 16 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F23 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 11 para. 17 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

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

F24 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (2), for “Each council” substitute “ The HEFCW ”.

F24 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 11 para. 18 omitted (1.8.2024 to the extent it omits Sch. 11 para. 18(2)(3)(5)-(7)) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

Commencement Information

I74 Sch. 11 para. 18 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

19 U.K. Omit section 70 (England: assessment of quality of education provided by institutions).

Commencement Information

I75 Sch. 11 para. 19 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 6)

F25 20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 11 para. 20 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

21 U.K. Omit section 79A (Higher Education Funding Council for England's power to request information from institutions that are exempt charities).

Commencement Information

I76 Sch. 11 para. 21 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 8)

F26 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 11 para. 22 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); W.S.I. 2026/62, art. 3(b)(iii)

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

(2) Omit subsections (1) to (1B).

(3) In subsection (2), for “Great Britain” substitute “ Wales and Scotland ”.

(4) In subsection (2A), after “Scottish” insert “ Further and ”.

(5) In subsection (3)(a)—

(a) for “a higher education funding council” substitute “ the HEFCW ”,

(b) for “the National Assembly of Wales” substitute “ the Welsh Ministers ”,

(c) for “it is discharging its” substitute “ they are discharging their ”, and

(d) after “Scottish” insert “ Further and ”.

Commencement Information

I77 Sch. 11 para. 23 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F27 24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 11 para. 24 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); W.S.I. 2026/62, art. 3(b)(iii)

F28 25 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 11 para. 25 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

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

(2) Omit the entry for “council (in Part 2), or higher education funding council”.

F29 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For “institution in England or in Wales (in relation to higher education funding councils)” substitute “ institution in Wales (in relation to the HEFCW) ”.

Textual Amendments

F29 Sch. 11 para. 26(3) omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 38(2) (with s. 19); S.I. 2024/806, art. 3(c)(vii) (with art. 28)

Commencement Information

I78 Sch. 11 para. 26 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Education Act 1994 U.K.

27 (1) Section 18 of the Education Act 1994 (power to reimburse certain payments to persons formerly employed in teacher training) is amended as follows. U.K.

(2) In subsection (1), for “A higher education funding council” substitute “ The Office for Students or the Higher Education Funding Council for Wales ”.

(3) In subsection (4)—

(a) for “a higher education funding council” substitute “ the Office for Students or (as the case may be) the Higher Education Funding Council for Wales ”, and

(b) for “the council” substitute “ they ”.

Commencement Information

I79 Sch. 11 para. 27 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Education Act 1996 U.K.

28 U.K. In section 13 of the Education Act 1996 (local authorities' general responsibility for education), for subsection (2)(b) substitute—

“(b) the Higher Education Funding Council for Wales, or

(c) the Office for Students.”

Commencement Information

I80 Sch. 11 para. 28 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Freedom of Information Act 2000 U.K.

29 (1) Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) is amended as follows. U.K.

(2) In Part 4 (educational institutions), in paragraph 53(1)—

(a) after paragraph (a) insert—

“(aa) a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of section 39(1) of the Higher Education and Research Act 2017,”,

(b) in paragraph (c), after “institution” insert “ in Wales ”, and

(c) in paragraph (e), after “institution of” insert “ a registered higher education provider which falls within paragraph (aa) or ”.

(3) In Part 4, in paragraph 53(2)—

(a) after paragraph (a) insert—

“(aa) “registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017,”, and

(b) in paragraph (c), after “paragraph (c),” insert “ the reference to an institution in Wales is to be construed in accordance with section 62(7) of that Act, and ”.

(4) In Part 6 (other public bodies), omit—

(a) “The Director of Fair Access to Higher Education.”, and

(b) “The Higher Education Funding Council for England.

Commencement Information

I81 Sch. 11 para. 29(1)(4) in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

I82 Sch. 11 para. 29(2)(3) in force at 1.8.2019 by S.I. 2018/1226, reg. 4(p)

Higher Education Act 2004 U.K.

30 (1) The Higher Education Act 2004 is amended as follows. U.K.

(2) Omit sections 22 to 41 and Schedule 5 (student fees and fair access).

(3) In section 47 (orders and regulations)—

(a) in subsection (3), omit paragraphs (a) and (c), and

(b) omit subsection (4).

(4) In section 48 (general interpretation), omit the definition of “the 2005 Act”.

(5) In Schedule 6 (consequential amendments)—

(a) omit paragraph 1 (amendment to the Public Records Act 1958),

(b) in paragraph 4 (amendment to the House of Commons Disqualification Act 1975), omit “ “Director of Fair Access to Higher Education.””, and

(c) in paragraph 10 (amendment to the Freedom of Information Act 2000), omit “ “The Director of Fair Access to Higher Education.””

Commencement Information

I83 Sch. 11 para. 30 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)

Education Act 2005 U.K.

31 (1) The Education Act 2005 is amended as follows. U.K.

(2) In section 92 (joint exercise of functions)—

(a) in subsection (2), for “Higher Education Funding Council for England” substitute “ Office for Students ”, and

(b) omit subsection (5).

(3) In Schedule 14, omit paragraphs 26 to 35 (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule).

Commencement Information

I84 Sch. 11 para. 31 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 17, 18)

Equality Act 2010 U.K.

32 U.K. In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), omit “The Higher Education Funding Council for England.

Commencement Information

I85 Sch. 11 para. 32 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Education Act 2011 U.K.

33 U.K. In the Education Act 2011, omit the following (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule)—

(a) section 77;

(b) paragraphs 18 to 29 of Schedule 5;

(c) paragraph 22 of Schedule 16.

Commencement Information

I86 Sch. 11 para. 33 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 19)

Charities Act 2011 U.K.

34 U.K. In Part 2 of Schedule 7 to the Charities Act 2011, omit paragraph 97 (which amends section 40 of the Higher Education Act 2004 which is repealed by this Schedule).

Commencement Information

I87 Sch. 11 para. 34 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Counter-Terrorism and Security Act 2015 U.K.

35 U.K. In section 32(5)(b) of the Counter-Terrorism and Security Act 2015 (monitoring of performance: further and higher education bodies) for “Higher Education Funding Council for England” substitute “ Office for Students ”.

Commencement Information

I88 Sch. 11 para. 35 in force at 1.4.2018 by S.I. 2018/241, reg. 2(s)

Section 122

SCHEDULE 12 U.K. Minor and consequential amendments relating to Part 3

Geological Survey Act 1845 U.K.

1 U.K. In section 1 of the Geological Survey Act 1845 (power of persons employed in geological survey to enter land), for “the Natural Environment Research Council”, in both places, substitute “ United Kingdom Research and Innovation ”.

Commencement Information

I89 Sch. 12 para. 1 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 27)

Mining Industry Act 1926 U.K.

2 U.K. In section 23 of the Mining Industry Act 1926 (facilities to be given when shafts or boreholes are sunk)—

(a) in the heading, for “Department of Scientific and Industrial Research” substitute “ United Kingdom Research and Innovation ”,

(b) in subsection (1), for “the National Environment Research Council” substitute “ United Kingdom Research and Innovation ”, and

(c) in subsections (1) to (3) and (5), for “the Council”, in each place, substitute “ UKRI ”.

Commencement Information

I90 Sch. 12 para. 2 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 28)

Public Records Act 1958 U.K.

3 U.K. In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), omit the following entries— “ Arts and Humanities Research Council. ” “ Economic and Social Research Council. ” “ Engineering and Physical Sciences Research Council. ” “ Medical Research Council. ” “ Natural Environment Research Council. ” “ Technology Strategy Board. ”

Commencement Information

I91 Sch. 12 para. 3 in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(d)(i)

Science and Technology Act 1965 U.K.

4 (1) The Science and Technology Act 1965 is amended as follows. U.K.

(2) In section 1 (the research councils)—

(a) in subsection (1), omit paragraphs (a) and (b) (and the “and” after paragraph (b)),

(b) also in subsection (1), in paragraph (c), omit “other”, and

(c) omit subsections (2) and (3).

(3) In section 2 (expenses and accounts of research councils)—

(a) omit subsection (4), and

(b) in subsection (5)—

(i) for the words from “, in the case” to “expenses of the Council” substitute “ the expenses of a Research Council ”, and

(ii) omit “in section 1(2) or (3) above or”.

(4) In section 3 (re-allocation of activities connected with scientific research)—

(a) omit subsections (1) to (3), and

(b) in subsection (5), omit the words from “; and the provisions” to the end.

(5) Omit Schedule 3 (transitional provisions).

Commencement Information

I92 Sch. 12 para. 4 in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(d)(ii)

I93 Sch. 12 para. 4(2)(a) in force at 30.3.2020 for specified purposes by S.I. 2020/321, reg. 2(d)(i)

I94 Sch. 12 para. 4(2)(c) in force at 30.3.2020 in so far as not already in force by S.I. 2020/321, reg. 2(d)(ii)

Parliamentary Commissioner Act 1967 U.K.

5 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the following entries— “ Arts and Humanities Research Council. ” “ Biotechnology and Biological Sciences Research Council. ” “ Economic and Social Research Council. ” “ Engineering and Physical Sciences Research Council. ” “ Medical Research Council. ” “ Natural Environment Research Council. ” “ Science and Technology Facilities Council. ” “ Technology Strategy Board. ”

Commencement Information

I95 Sch. 12 para. 5 in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(d)(iii)

I96 Sch. 12 para. 5 in force at 30.3.2020 for specified purposes by S.I. 2020/321, reg. 2(d)(iii)

Agriculture Act 1967 U.K.

6 U.K. In section 50(3) of the Agriculture Act 1967 (provisions on control of sale not to apply to transfers to and from persons listed), for paragraph (f) substitute—

“(f) United Kingdom Research and Innovation,”.

Commencement Information

I97 Sch. 12 para. 6 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Conservation of Seals Act 1970 U.K.

7 (1) The Conservation of Seals Act 1970 is amended as follows. U.K.

(2) In each of the following provisions, for “the Council” substitute “ UKRI ”

(a) section 3(1) (consultation before orders prohibiting killing seals),

(b) section 10(3)(a) (consultation before granting licence to kill etc),

(c) section 11(1) (consultation before entry onto land), and

(d) section 13 (duty to give advice on management of seal populations).

(3) In section 15 (interpretation)—

(a) omit the definition of “the Council”, and

(b) at the end insert—

““UKRI” means United Kingdom Research and Innovation.”

Commencement Information

I98 Sch. 12 para. 7 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Prospective

Chronically Sick and Disabled Persons Act 1970 U.K.

8 U.K. In section 24 of the Chronically Sick and Disabled Persons Act 1970 (institute of hearing research), for “the Medical Research Council” substitute “ United Kingdom Research and Innovation ”.

Mineral Exploration and Investment Grants Act 1972 U.K.

9 U.K. In section 1(3) of the Mineral Exploration and Investment Grants Act 1972 (conditions for making contributions in respect of mineral exploration), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

Commencement Information

I99 Sch. 12 para. 9 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 29)

Supply Powers Act 1975 U.K.

10 U.K. In section 7 of the Supply Powers Act 1975 (interpretation), in paragraph (a) of the definition of “articles required for the public service”, after “Civil Aviation Authority” insert “ , United Kingdom Research and Innovation ”.

Commencement Information

I100 Sch. 12 para. 10 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

House of Commons Disqualification Act 1975 U.K.

11 U.K. In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), omit the following entries— “ Chair or Chief Executive of the Science and Technology Facilities Council. ” “ Chair, Deputy Chair or Chief Executive of the Technology Strategy Board. ” “ Chairman, Deputy Chairman or Chief Executive of the Arts and Humanities Research Council. ” “ Chairman, Deputy Chairman, or Chief Executive of the Biotechnology and Biological Sciences Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Economic and Social Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Engineering and Physical Sciences Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Medical Research Council. ” “ Chairman, Deputy Chairman or Chief Executive of the Natural Environment Research Council. ”

Commencement Information

I101 Sch. 12 para. 11 in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(d)(iv)

I102 Sch. 12 para. 11 in force at 30.3.2020 for specified purposes by S.I. 2020/321, reg. 2(d)(iv)

Northern Ireland Assembly Disqualification Act 1975 U.K.

12 U.K. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the following entry— “ The Advisory Board for the Research Councils. ”

Commencement Information

I103 Sch. 12 para. 12 in force at 31.10.2018 for specified purposes by S.I. 2018/1054, reg. 2(d)(v)

I104 Sch. 12 para. 12 in force at 30.3.2020 for specified purposes by S.I. 2020/321, reg. 2(d)(v)

Patents Act 1977 U.K.

13 U.K. In section 41(3) of the Patents Act 1977 (assignment of right in patent)—

(a) after “Where the Crown” insert “ , United Kingdom Research and Innovation ”,

(b) for “or, as the case may be, Research Council” substitute “ , United Kingdom Research and Innovation or the Research Council (as the case may be) ”, and

(c) omit the words from “or the Arts” to the end.

Commencement Information

I105 Sch. 12 para. 13 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Further Education Act 1985 U.K.

14 U.K. In section 2(4)(a) of the Further Education Act 1985 (cases in which requirement that goods or services supplied at open market value disapplied), for the words from “the Arts” to “2004)” substitute “ United Kingdom Research and Innovation ”.

Commencement Information

I106 Sch. 12 para. 14 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Water Resources Act 1991 U.K.

15 (1) The Water Resources Act 1991 is amended as follows. U.K.

(2) In section 198 (information about underground water)—

(a) in subsection (1), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation (“UKRI”) ”,

(b) in subsection (2)(a), for “the Natural Environment Research Council” substitute “ UKRI ”,

(c) in subsection (2)(b) and (c), for “that Council” substitute “ UKRI ”, and

(d) in subsection (4), for “the Natural Environment Research Council” substitute “ UKRI ”.

(3) In section 205 (confidentiality of information about underground water)—

(a) in subsection (1)—

(i) for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation (“UKRI”) ”, and

(ii) for “that Council” substitute “ UKRI ”, and

(b) in subsections (2) and (4)—

(i) for “the Natural Environment Research Council” substitute “ UKRI ”, and

(ii) for “that Council” substitute “ UKRI ”.

Commencement Information

I107 Sch. 12 para. 15 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 30)

Scotland Act 1998 U.K.

16 (1) In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) section C12 is amended as follows. U.K.

(2) In the heading, at the beginning insert “ United Kingdom Research and Innovation and ”.

(3) After the heading insert the following entry— “ United Kingdom Research and Innovation. ”

(4) In the entry beginning “The subject-matter of section 5”, after “relating to” insert “ United Kingdom Research and Innovation and ”.

(5) Omit the entry relating to the Arts and Humanities Research Council.

(6) In the entry beginning “The subject-matter of section 10”—

(a) for “that Act” substitute “ the Higher Education Act 2004 ”, and

(b) for “that Council” substitute “ United Kingdom Research and Innovation ”.

Commencement Information

I108 Sch. 12 para. 16(1)-(4) in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

I109 Sch. 12 para. 16(5)(6) in force at 31.10.2018 by S.I. 2018/1054, reg. 2(d)(vi)

Northern Ireland Act 1998 U.K.

17 U.K. In Schedule 3 to the Northern Ireland Act 1998 (reserved matters), for paragraph 35A substitute—

“35A United Kingdom Research and Innovation.”

Commencement Information

I110 Sch. 12 para. 17 in force at 31.10.2018 by S.I. 2018/1054, reg. 2(d)(vii)

Freedom of Information Act 2000 U.K.

18 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), omit the following entries— “ The Arts and Humanities Research Council. ” “ The Biotechnology and Biological Sciences Research Council. ” “ The Economic and Social Research Council. ” “ The Engineering and Physical Sciences Research Council. ” “ The Medical Research Council. ” “ The Natural Environment Research Council. ” “ The Science and Technology Facilities Council. ” “ The Technology Strategy Board. ”

Commencement Information

I111 Sch. 12 para. 18 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Higher Education Act 2004 U.K.

19 U.K. Omit sections 1 to 9 of the Higher Education Act 2004 (which establish and make provision in relation to the Arts and Humanities Research Council).

Commencement Information

I112 Sch. 12 para. 19 in force at 31.10.2018 by S.I. 2018/1054, reg. 2(d)(viii)

Natural Environment and Rural Communities Act 2006 U.K.

20 U.K. In paragraph 9(a) of Part 2 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (application of enforcement provisions for the purposes of the Conservation of Seals Act 1970), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

Commencement Information

I113 Sch. 12 para. 20 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Government of Wales Act 2006 U.K.

21 U.K. The Government of Wales Act 2006 is amended as follows.

Commencement Information

I114 Sch. 12 para. 21 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

22 (1) Schedule 3A (functions exercisable concurrently or jointly with the Welsh Ministers) (which is inserted by the Wales Act 2017) is amended as follows. U.K.

(2) In the Table in paragraph 1(2), in the entry relating to the Science and Technology Act 1965, in the column headed “Functions”, after “relating to” insert “ United Kingdom Research and Innovation and ”.

Commencement Information

I115 Sch. 12 para. 22 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

23 U.K. In paragraph 5 of Part 1 of Schedule 7 (Acts of the National Assembly for Wales: subject of education and training), before “Research Councils” insert “ United Kingdom Research and Innovation and ”.

Commencement Information

I116 Sch. 12 para. 23 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

24 (1) In Part 2 of Schedule 7A (specific reservations) (which is inserted by the Wales Act 2017), Section C11 (Research Councils) is amended as follows. U.K.

(2) In the heading, at the beginning insert “ United Kingdom Research and Innovation and ”.

(3) In paragraph 87—

(a) at the beginning insert “ United Kingdom Research and Innovation (“UKRI”), and ”, and

(b) after “relating to” insert “ UKRI and ”.

(4) In paragraph 88—

(a) omit “Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004, and the”,

(b) for “that Act” substitute “ the Higher Education Act 2004 ”, and

(c) for “that Council” substitute “ UKRI ”.

Commencement Information

I117 Sch. 12 para. 24(1)-(3)(4)(b)(4)(c) in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

I118 Sch. 12 para. 24(4)(a) in force at 31.10.2018 by S.I. 2018/1054, reg. 2(d)(ix)

Marine (Scotland) Act 2010 (asp 5) U.K.

25 U.K. In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b) of the Marine (Scotland) Act 2010 (duties on Scottish Ministers to consult), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”.

Commencement Information

I119 Sch. 12 para. 25 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Welsh Language (Wales) Measure 2011 (nawm 1) U.K.

26 (1) The table in Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards) is amended as follows. U.K.

(2) In the English language text, omit the entries relating to—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) the Economic and Social Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) the Natural Environment Research Council, and

(g) the Science and Technology Facilities Council.

(3) In the Welsh language text, omit the entries relating to—

(a) Cyngor Cyfleusterau Gwyddoniaeth a Thechnoleg,

(b) Cyngor Ymchwil Biotechnoleg a Gwyddorau Biolegol,

(c) Y Cyngor Ymchwil Economaidd a Chymdeithasol,

(d) Y Cyngor Ymchwil Meddygol,

(e) Cyngor Ymchwil Peirianneg a Gwyddorau Ffisegol,

(f) Cyngor Ymchwil yr Amgylchedd Naturiol, and

(g) Y Cyngor Ymchwil i‘r Celfyddydau a‘r Dyniaethau.

(4) In the English language text, insert at the appropriate place under the heading “ general ”

“United Kingdom Research and Innovation (“Ymchwil ac Arloesedd y Deyrnas Unedig”)	Service delivery standards
	Policy making standards
	Operational Standards
	Record keeping standards”

(5) In the Welsh language text, insert at the appropriate place under the heading “ cyffredinol ”

““Ymchwil ac Arloesedd y Deyrnas Unedig (“United Kingdom Research and Innovation”)	Safonau cyflenwi gwasanaethau
	Safonau llunio polisi
	Safonau gweithredu
	Safonau cadw cofnodion”

Commencement Information

I120 Sch. 12 para. 26 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Antarctic Act 2013 U.K.

27 (1) In section 10(4) of the Antarctic Act 2013 (the Crown), in paragraph (a), for “the Natural Environment Research Council” substitute “ United Kingdom Research and Innovation ”. U.K.

(2) Subsections (2) and (3) of section 34 of the Antarctic Act 1994 (power to extend to the Channel Islands, Isle of Man and British overseas territories) apply in relation to section 10 of the Antarctic Act 2013 as amended by sub-paragraph (1).

Commencement Information

I121 Sch. 12 para. 27 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Public Service Pensions Act 2013 U.K.

28 (1) Schedule 10 to the Public Service Pensions Act 2013 (public bodies whose pension schemes must be restricted) is amended as follows. U.K.

(2) After paragraph 14 insert—

“15 United Kingdom Research and Innovation.”

Commencement Information

I122 Sch. 12 para. 28 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)

Psychoactive Substances Act 2016 U.K.

29 U.K. In paragraph 4 of Schedule 2 to the Psychoactive Substances Act 2016 (exempted activities), in paragraph (b)(iii) of the definition of “relevant ethics review body”, at the beginning insert “ United Kingdom Research and Innovation or ”.

Commencement Information

I123 Sch. 12 para. 29 in force at 1.4.2018 by S.I. 2018/241, reg. 2(t)