Higher Education and Research Act 2017

Part 2 Oversight by the OfS

Application

6 This Part applies if there is a body designated under this Schedule to perform the assessment functions.

Oversight arrangements

7 The OfS must make arrangements for holding the designated body to account for the performance of the assessment functions.

Annual report by the designated body

8 (1) As soon as possible after the end of each annual reporting period, the designated body must prepare and send to the OfS a report about the performance of the assessment functions during the period.

(2) “Annual reporting period”, in relation to a designated body, means—

(a) the period of 12 months beginning with the effective date, and

(b) each successive period of 12 months.

Triennial report by the OfS

9 (1) As soon as possible after the end of each triennial reporting period, the OfS must prepare and send to the Secretary of State a triennial report about—

(a) how the designated body has performed the assessment functions during the period,

(b) whether the designated body should continue to be designated under this Schedule,

(c) the appropriateness of any fees charged by the designated body under section 28, and

(d) any other matters that the OfS considers relevant.

(2) In preparing a triennial report, the OfS must have regard to any views provided to the OfS by a person listed in sub-paragraph (3) about—

(a) the matters listed in sub-paragraph (1)(a) to (c), and

(b) what other matters, if any, should be dealt with in the report.

(3) Those persons are—

(a) registered higher education providers,

(b) persons representing, or promoting the interests of, students on higher education courses provided in England by registered higher education providers,

(c) persons representing, or promoting the interests of, employers of graduates, and

(d) such other persons as the OfS considers appropriate.

(4) “Triennial reporting period”, in relation to a designated body, means—

(a) the period of 3 years beginning with the effective date, and

(b) each successive period of 3 years.

Power of the OfS to give directions

10 (1) The OfS may give the designated body general directions about the performance of any of the assessment functions.

(2) In giving such directions, the OfS must have regard to the need to protect—

(a) the expertise of the designated body, and

(b) the designated body’s ability to make, or make arrangements for, an impartial assessment of the quality of, and the standards applied to, higher education provided by a provider.

(3) Such directions must relate to—

(a) English higher education providers or registered higher education providers generally, or

(b) a description of such providers.

(4) The designated body must comply with any directions given under this paragraph.

Duty of the OfS to inform the Secretary of State about significant concerns

11 The OfS must inform the Secretary of State if it has significant concerns about—

(a) how the designated body is performing the assessment functions, or

(b) the continued suitability of the designated body to carry out those functions.