Higher Education and Research Act 2017

83 Meaning of “English higher education provider” etc

(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).