Higher Education and Research Act 2017
Part 1The Office for Students
Establishment of the Office for Students
1The Office for Students
2General duties
The register of English higher education providers
3The register
4Registration procedure
Registration conditions
5The initial and general ongoing registration conditions
6The specific ongoing registration conditions
7Proportionate conditions
Mandatory registration conditions
8Mandatory ongoing registration conditions for all providers
9Mandatory transparency condition for certain providers
10Mandatory fee limit condition for certain providers
11Duty to publish a list regarding the fee limit condition
12Mandatory access and participation plan condition for certain institutions
Other registration conditions
13Other initial and ongoing registration conditions
14Public interest governance condition
Enforcement of ongoing registration conditions
15Power to impose monetary penalties
16Suspension of registration
17Suspension: procedure
18De-registration by the OfS
19De-registration by the OfS: procedure
20De-registration: appeals
21Refusal to renew an access and participation plan
Voluntary de-registration
22Voluntary de-registration
Quality and standards
23Assessing the quality of, and the standards applied to, higher education
24Quality Assessment Committee
25Rating the quality of, and the standards applied to, higher education
26Report on operation of section 25 schemes
27Performance of assessment functions by a designated body
28Power of designated body to charge fees
Access and participation
29Power to approve an access and participation plan
30Duration of a plan
31Content of a plan: fees
32Content of a plan: equality of opportunity
33Variation of a plan
34Review of decisions on approval or variation
35Advice on good practice
36Duty to protect academic freedom
37Power of Secretary of State to require a report
Student transfers
38Duty to monitor etc the provision of arrangements for student transfers
Powers to give financial support
39Financial support for registered higher education providers
40Financial support for certain institutions
41Financial support: terms and conditions
Powers to grant degrees etc
42Authorisation to grant degrees etc
43Supplementary powers with authorisation
44Variation or revocation of section 42 authorisation
45Variation or revocation of other authorisations to grant degrees etc
46Grant, variation or revocation of authorisation: advice on quality etc
47Grant of authorisation: notification of new providers
48Variation or revocation of authorisation: procedure
49Appeals against variation or revocation of authorisation
50Validation by authorised providers
51Validation by the OfS
52Sections 42 to 49: consequential amendments
53Unrecognised degrees
54Unrecognised degrees: supplementary
55Saving for right to grant degrees under the Ecclesiastical Licences Act 1533
Powers in relation to “university” title
56Use of “university” in title of institution
57Unauthorised use of “university” in title of institution etc
58Revocation of authorisation to use “university” title
59Revocation of authorisation: procedure
60Appeals against revocation of authorisation
Powers of entry and search
61Entering and searching premises with a warrant
Information powers
62Power to require information from unregistered providers
63Cooperation and information sharing by the OfS
Information duties
64Duty to compile and make available higher education information
65Duty to publish higher education information
66Designated body
67Power of designated body to charge fees
Publication
67APower for the OfS to publish notices, decisions and reports
67BPublication of decision to conduct or terminate investigation
Defamation
67CProtection from defamation claims
Financial sustainability
68Duty to monitor and report on financial sustainability
Efficiency studies etc
69Studies for improving economy, efficiency and effectiveness
69BFunctions of the OfS in relation to students’ unions
69DOverseas funding: registered higher education providers
69EOverseas funding: students’ unions
Funding of the OfS
70Registration fees
71Other fees
72Retention of fee related income
73Costs recovery
74Grants from the Secretary of State
Regulatory framework
75Regulatory framework
Supplementary functions
76Secretary of State's power to confer supplementary functions
Directions
77Secretary of State's power to give directions
Powers of Secretary of State to obtain information and advice
78Power to require information and advice from the OfS
79Power to require application-to-acceptance information
80Use of application-to-acceptance information for research purposes
HEFCE and the DFA
81Higher Education Funding Council for England
82The Director of Fair Access to Higher Education
Interpretation
83Meaning of “English higher education provider” etc
84Designation of other providers of higher education
85Other definitions
Part 2Other education measures
Financial support for students
86Power to make alternative payments
87Section 86: consequential amendments
88Other amendments relating to financial support
Student complaints scheme
89Qualifying institutions for purposes of student complaints scheme
Deregulation of higher education corporations
90Higher education corporations in England
Part 3Research
Establishment of United Kingdom Research and Innovation
91United Kingdom Research and Innovation
92The Councils of UKRI
Research and innovation functions and role of the Councils
93UK research and innovation functions
94Financial support: supplementary provision
95Exercise of functions by science and humanities Councils
96Exercise of functions by Innovate UK
97Exercise of functions by Research England
98Exercise of functions by the Councils: supplementary
Strategies and strategic delivery plans
99UKRI's research and innovation strategy
100Councils' strategic delivery plans
Funding and directions
101Grants to UKRI from the Secretary of State
102Secretary of State's power to give directions to UKRI
103Haldane principle, balanced funding and advice from UKRI
General functions
104General duties
105Power to require information and advice from UKRI
106Studies for improving economy, efficiency and effectiveness
107Provision of research services
108Representing the United Kingdom
Supplementary
109Predecessor bodies and preservation of symbolic property
110Amendments to powers to support research
Interpretation
111Definitions
Part 4General
112Cooperation and information sharing between the OfS and UKRI
113Joint working
114Advice to Northern Ireland departments
115Transfer schemes
116Power to make consequential provision etc
117Transitional, transitory or saving provision
118Pre-commencement consultation
119Regulations
120Directions
121General interpretation
122Minor and consequential amendments
123Extent
124Commencement
125Short title
SCHEDULES
SCHEDULE 1The Office for Students
Status
1(1) The OfS is not to be regarded—
Membership
2(1) The OfS is to consist of the following members...
The Director for Fair Access and Participation
3(1) The Director for Fair Access and Participation (“the Access...
The Director for Freedom of Speech and Academic Freedom
3A(1) The Director for Freedom of Speech and Academic Freedom...
Terms of appointment and tenure of members
4(1) A person holds and vacates office as a member...
5(1) A person may resign from office as a member...
Remuneration etc of members
6(1) The OfS must pay to members of the OfS...
Staffing of the OfS
7(1) The OfS may— (a) appoint employees, and
Committees
8(1) The OfS may establish committees, and any committee so...
Procedure
9(1) The OfS may determine— (a) its own procedure, and...
10The validity of any proceedings of the OfS, or of...
Delegation of functions
11(1) The OfS may delegate any of its functions to—...
Accounts and audit
12(1) The OfS must— (a) keep proper accounts and proper...
Annual report
13(1) The OfS must prepare a report on the performance...
Seal and evidence
14(1) The application of the OfS's seal must be authenticated...
Supplementary powers
15(1) The OfS may do anything (except borrow money) which...
Public records
16In Part 2 of the Table in paragraph 3 of...
Investigation by the Parliamentary Commissioner
17In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
House of Commons disqualification
18In Part 2 of Schedule 1 to the House of...
Northern Ireland Assembly disqualification
19In Part 2 of Schedule 1 to the Northern Ireland...
Freedom of information
20In Part 6 of Schedule 1 to the Freedom of...
Public sector equality duty
21In Part 1 of Schedule 19 to the Equality Act...
SCHEDULE 2The fee limit
Introduction
1(1) This Schedule is about determining the amount of “the...
The fee limit where the provider has an access and participation plan
2(1) This paragraph applies if an access and participation plan...
The fee limit where the provider has no access and participation plan
3(1) This paragraph applies if an access and participation plan...
Accelerated courses
4(1) The power for regulations to prescribe different amounts for...
Procedure
5(1) The Secretary of State must— (a) notify the OfS...
SCHEDULE 3Monetary penalties: procedure, appeals and recovery etc
Introduction
1This Schedule applies in relation to the imposition by the...
Procedure
2(1) Before imposing a monetary penalty on the provider under...
Appeals
3(1) The governing body of a provider may appeal to...
Interest and recovery
4(1) This paragraph applies if all or part of a...
Retention of sums received
5The OfS must pay the sums received by it by...
SCHEDULE 4Assessing higher education: designated body
Part 1Designation
Consultation prior to recommendation
1(1) The OfS may consult in accordance with sub-paragraph (3)...
Recommendation
2(1) This paragraph applies where the OfS has consulted in...
Designation
3(1) This paragraph applies where, in accordance with paragraph 2,...
Bodies suitable to perform assessment functions
4(1) A body is suitable to perform the assessment functions...
Removal of designation
5(1) The Secretary of State may by notice remove a...
Part 2Oversight by the OfS
Application
6This Part applies if there is a body designated under...
Oversight arrangements
7The OfS must make arrangements for holding the designated body...
Annual report by the designated body
8(1) As soon as possible after the end of each...
Triennial report by the OfS
9(1) As soon as possible after the end of each...
Power of the OfS to give directions
10(1) The OfS may give the designated body general directions...
Duty of the OfS to inform the Secretary of State about significant concerns
11The OfS must inform the Secretary of State if it...
Part 3Interpretation
12(1) In this Schedule— “the assessment functions” has the meaning...
SCHEDULE 5Powers of entry and search etc
Power to issue search warrant
1(1) A justice of the peace who is satisfied that...
Application for search warrant by an authorised person
2(1) A search warrant may be issued only on the...
Search warrant
3(1) A search warrant must— (a) specify the name of...
Powers conferred by search warrant
4(1) A search warrant authorises an authorised person—
Entering and searching premises
5(1) Where the occupier of the premises to be entered...
Inspecting, copying, seizing and retaining items
6(1) The powers conferred by a search warrant to inspect,...
Offence
7(1) A person commits an offence if, without reasonable excuse,...
Self-incrimination
8(1) An explanation or information provided by a person in...
Interpretation
9(1) In this Schedule— “authorised person” has the meaning given...
SCHEDULE 6English higher education information: designated body
Part 1Designation
Consultation prior to recommendation
1(1) The OfS may consult in accordance with sub-paragraph (3)...
Recommendation
2(1) This paragraph applies where the OfS has consulted in...
Designation
3(1) This paragraph applies where, in accordance with paragraph 2...
Bodies suitable to be designated under this Schedule
4(1) A body is suitable to be designated under this...
Removal of designation
5(1) The Secretary of State may by notice remove a...
Part 2Oversight by the OfS
Application
6This Part applies if there is a body designated under...
Oversight arrangements
7The OfS must make arrangements for holding the designated body...
Annual report by the designated body
8(1) As soon as possible after the end of each...
Triennial report by the OfS
9(1) As soon as possible after the end of each...
Duty of the OfS to inform the Secretary of State about significant concerns
10The OfS must inform the Secretary of State if it...
Part 3Interpretation
11(1) In this Schedule— “designated body” means a body for...
SCHEDULE 7Costs recovery: procedure, appeals and recovery etc
Introduction
1This Schedule applies in relation to the imposition by the...
Procedure
2(1) The notice which the OfS gives the governing body...
Appeals
3(1) The governing body of a provider may appeal to...
Interest and recovery
4(1) This paragraph applies if all or part of an...
Retention of sums received
5(1) The OfS must pay the sums received by it...
SCHEDULE 8Higher education corporations in England
Education Reform Act 1988
1The Education Reform Act 1988 is amended as follows.
2In section 122 (orders incorporating higher education institutions maintained by...
3Before section 122A insert— Orders for further education corporations in...
4In section 122A (orders transferring further education corporations to higher...
5In section 123 (provisions supplementary to sections 121 and 122)—...
6Before section 124 insert— Principal powers of a higher education...
7In section 124 (powers of a higher education corporation)—
8Before section 124A insert— Instrument of government of higher education...
9In section 124A (constitution and conduct of higher education corporations)—...
10In section 124B(2)(b) (accounts), at the beginning insert “ in...
11In section 124C (initial and transitional arrangements)—
12Before section 125 insert— Articles of government: higher education corporations...
13In section 125 (articles of government)— (a) in the heading,...
14In section 125A (charitable status of a higher education corporation)—...
15In section 127(1) (transfer of staff to higher education corporations),...
16Before section 128 insert— Dissolution of higher education corporations in...
17In section 128 (dissolution of higher education corporations)—
18In section 129(5)(e) (designation of institutions), before “128” insert “...
19In section 157(2)(a) (variation of trust deeds etc: institutions conducted...
20In section 161(1) (interpretation of Part 2)—
21In Schedule 7 (the higher education corporations)—
22In Schedule 7A (instruments of government made by Privy Council),...
Further and Higher Education Act 1992
23The Further and Higher Education Act 1992 is amended as...
24(1) Section 78 (financial years of higher education corporations) is...
25In section 90(1) (interpretation of Act), in the definition of...
26In section 91 (interpretation of Education Acts), in subsection (6)(b),...
SCHEDULE 9United Kingdom Research and Innovation
Status
1(1) UKRI is not to be regarded—
Membership of UKRI
2(1) UKRI is to consist of the following members appointed...
Membership of the Councils
3(1) Each Council is to consist of—
Terms of appointment and tenure
4A person holds and vacates office as a member of...
5(1) This paragraph applies to a person (a “Ministerial appointee”)...
6(1) This paragraph applies to a person (an “UKRI appointee”)...
Remuneration etc
7(1) UKRI must pay to members of UKRI and Council...
Staffing of UKRI
8(1) UKRI may— (a) appoint employees, and
Executive Committee
9(1) UKRI must establish a committee called “the Executive Committee”....
Other committees and sub-committees
10(1) UKRI may establish committees (in addition to the Councils...
Procedure
11(1) UKRI, a Council and the Executive Committee may each...
12The validity of any proceedings of UKRI, or of any...
Delegation of functions by UKRI
13(1) UKRI may delegate any of its functions to—
Accounts and audit
14(1) UKRI must— (a) keep proper accounts and proper records...
Annual report
15(1) UKRI must prepare a report on the exercise of...
Seal and evidence
16(1) The application of UKRI's seal must be authenticated by...
Supplementary powers
17(1) UKRI may do anything which appears to it to...
Public records
18In Part 2 of the Table in paragraph 3 of...
Investigation by the Parliamentary Commissioner
19In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
House of Commons disqualification
20In Part 2 of Schedule 1 to the House of...
Northern Ireland Assembly disqualification
21In Part 2 of Schedule 1 to the Northern Ireland...
Freedom of information
22In Part 6 of Schedule 1 to the Freedom of...
Public sector equality duty
23In Part 1 of Schedule 19 to the Equality Act...
SCHEDULE 10Transfer schemes
Transfer schemes
1(1) The Secretary of State may make one or more...
Supplementary
2(1) The things that may be transferred under a property...
Interpretation
3(1) For the purposes of this Schedule—
SCHEDULE 11Minor and consequential amendments relating to Part 1
Public Records Act 1958
1In Part 2 of the Table in paragraph 3 of...
Parliamentary Commissioner Act 1967
2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
Superannuation Act 1972
3In Schedule 1 to the Superannuation Act 1972 (kinds of...
House of Commons Disqualification Act 1975
4In Part 3 of Schedule 1 to the House of...
Education (No. 2) Act 1986
5(1) Section 43 of the Education (No. 2) Act 1986...
Education Reform Act 1988
6The Education Reform Act 1988 is amended as follows.
7In section 124B(2)(b) (accounts), for “the higher education funding council”...
8(1) Section 128 (dissolution of higher education corporations) is amended...
9In section 129(1) (designation of institutions), for “a higher education...
10(1) Section 133 (payments in respect of persons employed in...
11In Schedule 7 (higher education corporations), in paragraph 18(2)(b), for...
Further and Higher Education Act 1992
12The Further and Higher Education Act 1992 is amended as...
13In section 61 (interpretation of Part 1), omit subsection (3)(b)....
14(1) Section 62 (establishment of the Higher Education Funding Councils)...
15(1) Section 65 (administration of funds by councils) is amended...
16(1) Section 66 (administration of funds: supplementary) is amended as...
17(1) Section 68 (grants to councils) is amended as follows....
18(1) Section 69 (supplementary functions) is amended as follows.
19Omit section 70 (England: assessment of quality of education provided...
20(1) Section 79 (duty to give information to funding councils)...
21Omit section 79A (Higher Education Funding Council for England's power...
22(1) Section 81 (directions) is amended as follows.
23(1) Section 82 (joint exercise of functions) is amended as...
24In section 83 (efficiency studies), in subsection (1B), for “A...
25In section 91(4) (interpretation of Education Acts), for the words...
26(1) Section 92 (index) is amended as follows.
Education Act 1994
27(1) Section 18 of the Education Act 1994 (power to...
Education Act 1996
28In section 13 of the Education Act 1996 (local authorities'...
Freedom of Information Act 2000
29(1) Schedule 1 to the Freedom of Information Act 2000...
Higher Education Act 2004
30(1) The Higher Education Act 2004 is amended as follows....
Education Act 2005
31(1) The Education Act 2005 is amended as follows.
Equality Act 2010
32In Part 1 of Schedule 19 to the Equality Act...
Education Act 2011
33In the Education Act 2011, omit the following (which amend...
Charities Act 2011
34In Part 2 of Schedule 7 to the Charities Act...
Counter-Terrorism and Security Act 2015
35In section 32(5)(b) of the Counter-Terrorism and Security Act 2015...
SCHEDULE 12Minor and consequential amendments relating to Part 3
Geological Survey Act 1845
1In section 1 of the Geological Survey Act 1845 (power...
Mining Industry Act 1926
2In section 23 of the Mining Industry Act 1926 (facilities...
Public Records Act 1958
3In Part 2 of the Table in paragraph 3 of...
Science and Technology Act 1965
4(1) The Science and Technology Act 1965 is amended as...
Parliamentary Commissioner Act 1967
5In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
Agriculture Act 1967
6In section 50(3) of the Agriculture Act 1967 (provisions on...
Conservation of Seals Act 1970
7(1) The Conservation of Seals Act 1970 is amended as...
Chronically Sick and Disabled Persons Act 1970
8In section 24 of the Chronically Sick and Disabled Persons...
Mineral Exploration and Investment Grants Act 1972
9In section 1(3) of the Mineral Exploration and Investment Grants...
Supply Powers Act 1975
10In section 7 of the Supply Powers Act 1975 (interpretation),...
House of Commons Disqualification Act 1975
11In Part 3 of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975
12In Part 2 of Schedule 1 to the Northern Ireland...
Patents Act 1977
13In section 41(3) of the Patents Act 1977 (assignment of...
Further Education Act 1985
14In section 2(4)(a) of the Further Education Act 1985 (cases...
Water Resources Act 1991
15(1) The Water Resources Act 1991 is amended as follows....
Scotland Act 1998
16(1) In Part 2 of Schedule 5 to the Scotland...
Northern Ireland Act 1998
17In Schedule 3 to the Northern Ireland Act 1998 (reserved...
Freedom of Information Act 2000
18In Part 6 of Schedule 1 to the Freedom of...
Higher Education Act 2004
19Omit sections 1 to 9 of the Higher Education Act...
Natural Environment and Rural Communities Act 2006
20In paragraph 9(a) of Part 2 of Schedule 5 to...
Government of Wales Act 2006
21The Government of Wales Act 2006 is amended as follows....
22(1) Schedule 3A (functions exercisable concurrently or jointly with the...
23In paragraph 5 of Part 1 of Schedule 7 (Acts...
24(1) In Part 2 of Schedule 7A (specific reservations) (which...
Marine (Scotland) Act 2010 (asp 5)
25In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b)...
Welsh Language (Wales) Measure 2011 (nawm 1)
26(1) The table in Schedule 6 to the Welsh Language...
Antarctic Act 2013
27(1) In section 10(4) of the Antarctic Act 2013 (the...
Public Service Pensions Act 2013
28(1) Schedule 10 to the Public Service Pensions Act 2013...
Psychoactive Substances Act 2016
29In paragraph 4 of Schedule 2 to the Psychoactive Substances...

Higher Education and Research Act 2017

2017 c. 29

An Act to make provision about higher education and research; and to make provision about alternative payments to students in higher or further education.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—