Functions of the Office for Students
I17Regulation of duties of students’ unions
1
After section 69A of the Higher Education and Research Act 2017 (inserted by section 5) insert—
69BFunctions of the OfS in relation to students’ unions
1
2
The OfS may impose a monetary penalty on a students’ union if it appears to the OfS that it is failing or has failed to comply with any of its duties under those sections.
3
A “monetary penalty” is a requirement to pay the OfS a penalty of an amount determined by the OfS in accordance with regulations made by the Secretary of State.
4
The Secretary of State may by regulations make provision about matters to which the OfS must, or must not, have regard in exercising its power under subsection (2).
5
Schedule 3 (monetary penalties: procedure etc) applies in relation to the imposition of a penalty on a students’ union under subsection (2), but as if—
a
references to a registered higher education provider or the governing body of such a provider were references to the students’ union, and
b
references to section 15 were references to subsection (2).
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7
The OfS must make the list maintained under subsection (6) publicly available by such means as it considers appropriate.
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9
If a students’ union fails to comply with a requirement under subsection (8) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the requirement in civil proceedings for an injunction.