Higher Education and Research Act 2017 - …

1 Higher Education and Research Act 2017 CHAPTER 29 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately Education and Research Act 2017 CHAPTER 29 CONTENTSPART 1 THE OFFICE FOR STUDENTSE stablishment of the Office for Students1 The Office for Students2 General dutiesThe register of English Higher Education providers3 The register4 Registration procedureRegistration conditions5 The initial and general ongoing registration conditions6 The specific ongoing registration conditions7 Proportionate conditionsMandatory registration conditions8 Mandatory ongoing registration conditions for all providers9 Mandatory transparency condition for certain providers10 Mandatory fee limit condition for certain providers11 Duty to publish a list regarding the fee limit condition12 Mandatory access and participation plan condition for certain institutionsHigher Education and Research Act 2017 (c.)

2 29)iiOther registration conditions13 Other initial and ongoing registration conditions14 Public interest governance conditionEnforcement of ongoing registration conditions15 Power to impose monetary penalties16 Suspension of registration17 Suspension: procedure18De-registration by the OfS19De-registration by the OfS: procedure20De-registration: appeals21 Refusal to renew an access and participation planVoluntary de-registration22 Voluntary de-registrationQuality and standards23 Assessing the quality of, and the standards applied to, Higher education24 Quality Assessment Committee25 Rating the quality of, and the standards applied to, Higher education26 Report on operation of section 25 schemes27 Performance of assessment functions by a designated body28 Power of designated body to charge feesAccess and participation29 Power to approve an access and participation plan30 Duration of a plan31 Content of a plan: fees32 Content of a plan.

3 Equality of opportunity33 Variation of a plan34 Review of decisions on approval or variation35 Advice on good practice36 Duty to protect academic freedom37 Power of Secretary of State to require a reportStudent transfers38 Duty to monitor etc the provision of arrangements for student transfersPowers to give financial support39 Financial support for registered Higher Education providers40 Financial support for certain institutions41 Financial support: terms and conditionsPowers to grant degrees etc42 Authorisation to grant degrees etc43 Supplementary powers with authorisation44 Variation or revocation of section 42 authorisationHigher Education and Research Act 2017 (c.)

4 29)iii45 Variation or revocation of other authorisations to grant degrees etc46 Grant, variation or revocation of authorisation: advice on quality etc47 Grant of authorisation: notification of new providers48 Variation or revocation of authorisation: procedure49 Appeals against variation or revocation of authorisation50 Validation by authorised providers51 Validation by the OfS52 Sections 42 to 49: consequential amendments53 Unrecognised degrees54 Unrecognised degrees: supplementary55 Saving for right to grant degrees under the Ecclesiastical Licences Act 1533 Powers in relation to university title56 Use of university in title of institution57 Unauthorised use of university in title of institution etc58 Revocation of authorisation to use university title59 Revocation of authorisation.

5 Procedure60 Appeals against revocation of authorisationPowers of entry and search61 Entering and searching premises with a warrantInformation powers62 Power to require information from unregistered providers63 Cooperation and information sharing by the OfSInformation duties64 Duty to compile and make available Higher Education information65 Duty to publish Higher Education information66 Designated body67 Power of designated body to charge feesFinancial sustainability68 Duty to monitor and report on financial sustainabilityEfficiency studies etc69 Studies for improving economy, efficiency and effectivenessFunding of the OfS70 Registration fees71 Other fees72 Retention of fee related income73 Costs recovery74 Grants from the Secretary of StateHigher Education and Research Act 2017 (c.)

6 29)ivRegulatory framework75 Regulatory frameworkSupplementary functions76 Secretary of State s power to confer supplementary functionsDirections77 Secretary of State s power to give directionsPowers of Secretary of State to obtain information and advice78 Power to require information and advice from the OfS79 Power to require application-to-acceptance information80 Use of application-to-acceptance information for Research purposesHEFCE and the DFA81 Higher Education Funding Council for England82 The Director of Fair Access to Higher EducationInterpretation83 Meaning of English Higher Education provider etc84 Designation of other providers of Higher education85 Other definitionsPART 2 OTHER Education MEASURESF inancial support for students86 Power to make alternative payments87 Section 86: consequential amendments88 Other amendments relating to financial supportStudent complaints scheme89 Qualifying institutions for purposes of student complaints schemeDeregulation of Higher Education corporations90 Higher Education corporations in EnglandPART 3 RESEARCHE stablishment of United Kingdom Research and Innovation91 United Kingdom Research and Innovation92 The Councils of UKRIH igher Education and Research Act 2017 (c.

7 29)vResearch and innovation functions and role of the Councils93UK Research and innovation functions94 Financial support: supplementary provision95 Exercise of functions by science and humanities Councils96 Exercise of functions by Innovate UK97 Exercise of functions by Research England98 Exercise of functions by the Councils: supplementaryStrategies and strategic delivery plans99 UKRI s Research and innovation strategy100 Councils strategic delivery plansFunding and directions101 Grants to UKRI from the Secretary of State102 Secretary of State s power to give directions to UKRI103 Haldane principle, balanced funding and advice from UKRIG eneral functions104 General duties105 Power to require information and advice from UKRI106 Studies for improving economy.

8 Efficiency and effectiveness107 Provision of Research services108 Representing the United KingdomSupplementary109 Predecessor bodies and preservation of symbolic property110 Amendments to powers to support researchInterpretation111 DefinitionsPART 4 GENERAL112 Cooperation and information sharing between the OfS and UKRI113 Joint working114 Advice to Northern Ireland departments115 Transfer schemes116 Power to make consequential provision etc117 Transitional, transitory or saving provision118 Pre-commencement consultation119 Regulations120 Directions121 General interpretation122 Minor and consequential amendments123 Extent124 Commencement125 Short titleHigher Education and Research Act 2017 (c.)

9 29)viSchedule 1 The Office for StudentsSchedule 2 The fee limitSchedule 3 Monetary penalties: procedure, appeals and recovery etcSchedule 4 Assessing Higher Education : designated bodyPart 1 DesignationPart 2 Oversight by the OfSPart 3 InterpretationSchedule 5 Powers of entry and search etcSchedule 6 English Higher Education information: designated bodyPart 1 DesignationPart 2 Oversight by the OfSPart 3 InterpretationSchedule 7 Costs recovery: procedure, appeals and recovery etcSchedule 8 Higher Education corporations in EnglandSchedule 9 United Kingdom Research and InnovationSchedule 10 Transfer schemesSchedule 11 Minor and consequential amendments relating to Part 1 Schedule 12 Minor and consequential amendments relating to Part 3 ELIZABETH IIc.

10 29 Higher Education and Research Act 20172017 CHAPTER 29An Act to make provision about Higher Education and Research ; and to makeprovision about alternative payments to students in Higher or furthereducation.[27th April 2017 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 THE OFFICE FOR STUDENTSE stablishment of the Office for Students1 The Office for Students(1)A body corporate called the Office for Students is established.(2)In this Act that body is referred to as the OfS.