Higher Education and Research Act 2017 (c. 29)

Part 1 U.K. The Office for Students

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;

• “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

• “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).

Commencement Information

I1 S. 83 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(m)

84 Designation of other providers of higher education E+W

(1) The Secretary of State may, on the application of a provider of higher education within subsection (2), designate the provider for the purposes of this section.

(2) A provider of higher education is within this subsection if—

(a) it provides higher education,

(b) its activities are carried on, or principally carried on, in England, and

(c) but for the designation it would not be regarded as an institution for the purposes of this Part.

(3) A provider of higher education designated under this section is, unless the designation is withdrawn, to be treated for the purposes of any provision made by or under this Part as being an institution.

(4) The Secretary of State may, by regulations, make provision about—

(a) the making of applications for designation;

(b) the making of designations under this section (including provision about matters to be taken into account in determining whether to make a designation);

(c) the withdrawal of a designation (including provision about matters to be taken into account in determining whether to withdraw a designation);

(d) the effect of a withdrawal of a designation (including provision for a provider whose designation is withdrawn to continue to be treated as an institution for purposes prescribed in the regulations).

(5) Subsection (3) is subject to any provision made under subsection (4)(d).

Commencement Information

I2 S. 84 in force at 1.4.2018 by S.I. 2018/241, reg. 2(k)

85 Other definitions E+W

(1) In this Part—

• [F1 “academic freedom” has the meaning given by subsection (6);]

• “an access and participation plan condition” has the meaning given by section 12(3);

• “a fee limit condition” has the meaning given by section 10(2);

• [F2 “constituent institution”, in relation to a registered higher education provider, has the same meaning as in Part A1 (see section A4(4));]

• “foundation degree” has the meaning given by section 42(3);

• “foundation degree only authorisation” has the meaning given by section 42(3);

• [F3 references to freedom of speech have the same meaning as in Part A1 (see section A1(13));]

• “governing body”—

  (a)

  in relation to a training provider who, but for the definition of “institution” in section 83(1), would not be regarded as an institution, means any persons responsible for the provider's management;

  (b)

  in relation to a provider designated under section 84 means any persons responsible for the provider's management;

  (c)

  in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992, but subject to any provision made by virtue of section 90(2) of that Act;

• “the institutional autonomy of English higher education providers” has the meaning given by section 2(8);

• [F4 “member”, in relation to a registered higher education provider or a constituent institution of such a provider, has the same meaning as in Part A1 (see sections A1(13) and A4(4));

• “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;]

• “the register” has the meaning given by section 3(1);

• “registered higher education provider” has the meaning given by section 3(10);

• [F5 “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;]

• “registration” has the meaning given by section 3(10);

• “research award” has the meaning given by section 42(3);

• “sector-recognised standards” has the meaning given by section 13(3);

• [F6 “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);]

• “taught award” has the meaning given by section 42(3).

(2) In this Part, “fees” in relation to undertaking a course, means fees in respect of, or otherwise in connection with, undertaking the course, including admission, registration, tuition and graduation fees and fees payable for awarding or accrediting a qualification in respect of the course, but excluding—

(a) fees payable for board or lodging,

(b) fees payable for field trips (including any tuition element of such fees),

(c) fees payable for attending any graduation or other ceremony, and

(d) such other fees as may be prescribed by regulations made by the Secretary of State.

(3) References in this Part to the ongoing registration conditions of a provider have the meaning given by section 3(8).

(4) For the purposes of this Part an appeal is “pending” during the period—

(a) beginning when it is instituted, and

(b) ending when it is determined, withdrawn or abandoned.

(5) When construing references in this Part to a time when an appeal could be brought, any possibility of an appeal out of time is to be ignored.

[F7 (6) In this Part, “academic freedom”, in relation to academic staff at an institution, 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 institution;

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

Textual Amendments

F1 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(a)

F2 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(b)

F3 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(c)

F4 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(d)

F5 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(e)

F6 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(f)

F7 S. 85(6)(7) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(3)

Commencement Information

I3 S. 85(1)-(3) in force at 1.1.2018 by S.I. 2017/1146, reg. 2(n)

I4 S. 85(4)(5) in force at 1.4.2018 by S.I. 2018/241, reg. 2(k)