2018 No. 607

Education, England And Wales

The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 63(7) and (8) of the Higher Education and Research Act 20171:

Citation, commencement and interpretationI11

1

These Regulations may be cited as the Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 and come into force on 18th June 2018.

2

In these Regulations, “the registrar of companies” has the meaning given by section 1060(3) (the registrar) of the Companies Act 20062.

Annotations:
Commencement Information
I1

Reg. 1 in force at 18.6.2018, see reg. 1(1)

Relevant persons and relevant functions

I22

For the purposes of section 63 (cooperation and information sharing) of the Higher Education and Research Act 2017—

a

each person listed in column 1 of the table in the Schedule to these Regulations is a ‘relevant person’; and

b

a function listed in the corresponding entry in column 2 of that table is a ‘relevant function’ of that person.

Annotations:
Commencement Information
I2

Reg. 2 in force at 18.6.2018, see reg. 1(1)

I33

Further to regulation 2(b), where a listed function refers to a company’s Memorandum and Articles of Association the reference is to the most recent version of that document registered with the registrar of companies at the date on which these Regulations are made.

Annotations:
Commencement Information
I3

Reg. 3 in force at 18.6.2018, see reg. 1(1)

Sam GyimahMinister of StateDepartment for Education

I4SCHEDULERelevant persons and relevant functions

Regulation 2

Annotations:
Commencement Information
I4

Sch. in force at 18.6.2018, see reg. 1(1)

Amendments (Textual)

Relevant person

Relevant function

Competition and Markets Authority

(a) Its functions under section 215(2) of the Enterprise Act 20023 and

(b) Its functions under Part 2 of Schedule 5 to the Consumer Rights Act 20154

A local weights and measures authority in Great Britain

(a) Its functions under section 215(2) of the Enterprise Act 2002

(b) Its functions under Part 2 of Schedule 5 to the Consumer Rights Act 2015 and

(c) Its function under article 9 of the Financial Services Act 2012 (Consumer Credit) Order 20135

F1NHS England

F2Its education and training functions conferred by or under Chapter 1 of Part 3 of the Care Act 20146

Pearson Education Limited (registered company number 00872828)

Its functions pursuant to the objects set out in its Memorandum and Articles of Association7

Vocational Training Charitable Trust (registered company number 02050044)

Its functions pursuant to the objects set out in its Memorandum and Articles of Association

Gateway Qualifications Company Limited (registered company number 05502449)

Its functions pursuant to the objects set out in its Memorandum and Articles of Association

Scottish Qualifications Authority

Its functions under the Education (Scotland) Act 19968

Her Majesty’s Revenue and Customs

Its functions under the Commissioners for Revenue and Customs Act 20059

Office for Standards in Education, Children’s Services and Skills

Its functions under the Education and Inspections Act 200610

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

That person’s functions under the Education and Inspections Act 2006

The Office of the Independent Adjudicator for Higher Education (registered company number 04823842)

Its functions pursuant to the objects set out in its Memorandum and Articles of Association

The Board of the Pension Protection Fund

Its functions under section 175 of the Pensions Act 200411

Student Loans Company Limited (registered company number 02401034)

Its functions pursuant to the objects set out in its Memorandum and Articles of Association

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 63 of the Higher Education and Research Act 2017 (c.29) (“the Act”). Under section 63(2)(a) and (4) of the Act the Office for Students may cooperate, or share information, with a relevant person for the performance of a relevant function of that person. Under section 63(2)(b) the Office for Students must cooperate with a relevant person in the performance of a relevant function if required to do so by the Secretary of State.

Regulation 2 and the table in the Schedule prescribe the relevant persons and their relevant functions.

Regulation 3 provides that references in the table to a company’s Memorandum and Articles of Association are references to the most recent version of that document registered with the registrar of companies (otherwise known as ‘Companies House’) on the date on which these Regulations are made.

An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. The instrument has no impact on the public sector.