Higher Education and Research Act 2017

Legal background

35. The following significant legislation is referenced by this Act. Explanation on how previous legislation is referenced, if required, is given below or in the commentary on provisions in this Act.
    1. Higher Education Act 2004
    2. Teaching and Higher Education Act 1998
    3. Further and Higher Education Act 1992
    4. Science and Technology Act 1965
    5. Education Reform Act 1988
    6. Commissioners for Revenue and Customs Act 2005
    7. Education (Scotland) Act 1980

Part 1: The Office for Students

36. The relevant legal background is explained in the policy background section of these notes.

Part 2: Other education measures

37. This Act amends existing primary legislation. It amends the Teaching and Higher Education Act 1998, which prohibits unauthorised use of "university" title and which governs financial provision for higher and further education, to enable the OfS (instead of the Privy Council) to approve use of "university" title and to create a power to offer, through secondary legislation, an alternative model of student finance alongside current student loans. This Act also amends provisions of the Higher Education Act 2004 relating to the student complaints scheme, and provisions of the Education Reform Act 1988 and the Further and Higher Education Act 1992 regarding the unrecognised degree offence, authorisations to grant degrees, consent to university title and higher education corporations.

Part 3: Research

38. This Act draws together nine existing bodies into a single new non-departmental public body, UKRI.
39. The legislation used to empower these nine bodies, to transfer funds from Parliament, via the Secretary of State, to them and to coordinate their activity with government is as follows:

Science and Technology Act 1965

40. The Science and Technology Act 1965 provided a framework for the funding of scientific research including the social sciences. That Act contains other provisions, including empowering the Secretary of State to fund research through other bodies.
41. The following bodies were designated as research councils under the Science and Technology Act 1965:
    1. Medical Research Council
    2. Natural Environment Research Council
    3. Engineering and Physical Sciences Research Council
    4. Economics and Social Research Council
    5. Biotechnology and Biological Research Council
    6. Science and Technology Facilities Research Council
    7. Innovate UK (legally: The Technology Strategy Board)

Higher Education Act 2004

42. A further research council, the Arts and Humanities Research Council was formed under the Higher Education Act 2004.

Further and Higher Education Act 1992

43. HEFCE was established under the Further and Higher Education Act 1992 as a funding body. It has functions in both the teaching and research spheres.