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(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.
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