Legal background
- The Act is a piece of amending legislation. It primarily amends the Higher Education and Research Act 2017 but it also makes amendments to the Counter-Terrorism and Security Act 2015, the Higher Education Act 2004 and the Education (No. 2) Act 1986.
- The Higher Education and Research Act 2017 created a new regulatory body overseeing the English higher education sector, the OfS. The OfS maintains a register of English higher education providers, with the categories of approved (fee cap) providers and approved providers. The OfS regulates English higher education providers by way of registration conditions.
- The Counter-Terrorism and Security Act 2015 sets out the Prevent duty, which has specific provision in relation to further and higher education institutions.
- The Higher Education Act 2004 allows for the Secretary of State to designate a body corporate providing a scheme for reviewing complaints of students at higher education institutions in England and Wales.
- The Education (No. 2) Act 1986 imposes a duty regarding freedom of speech on those governing further and higher education institutions.
