Higher Education and Research Act 2017

SCHEDULE 11 Minor and consequential amendments relating to Part 1

Section 122 Public Records Act 1958 1 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), omit— (a) “Director of Fair Access to Higher Education.”, and (b) “Higher Education Funding Council for England. Parliamentary Commissioner Act 1967 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit— (a) “The Director of Fair Access to Higher Education.”, and (b) “Higher Education Funding Council for England. Superannuation Act 1972 3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), omit— (a) “Employment by the Director of Fair Access to Higher Education.”, and (b) “Higher Education Funding Council for England.” House of Commons Disqualification Act 1975 4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), omit— (a) “Director of Fair Access to Higher Education.”, and (b) “Any member of the Higher Education Funding Council for England in receipt of remuneration. Education (No. 2) Act 1986 5 (1) Section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities etc) is amended as follows. (2) After subsection (4) insert— (4A) The establishments in England to which this section applies are— (a) any registered higher education provider; (b) any establishment of higher or further education which is maintained by a local authority; (c) any institution within the further education sector. (3) In subsection (5), after “The establishments” insert “ in Wales ”. (4) In subsection (6), in the definition of “governing body”, for “in relation to any university” substitute — (a) in relation to a registered higher education provider, has the meaning given by section 85(1) of the Higher Education and Research Act 2017; (b) in relation to a university in Wales, . (5) In subsection (6), after the definition of “governing body” insert— “registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017; . (6) After subsection (6) insert— (6A) For the purposes of this section— (a) an establishment is taken to be in England if its activities are carried on, or principally carried on, in England; (b) an establishment is taken to be in Wales if its activities are carried on, or principally carried on, in Wales. (7) In subsection (7)(a), after “subsection” insert “ (4A)(b) or ”. Education Reform Act 1988 6 The Education Reform Act 1988 is amended as follows. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 129(1) (designation of institutions), for “a higher education funding council” substitute “ the Higher Education Funding Council for Wales ”. 10 (1) Section 133 (payments in respect of persons employed in the provision of higher or further education) is amended as follows. (2) In the heading, omit “by Polytechnics and Colleges Funding Council”. (3) In subsection (1)— (a) for “A higher education funding council shall” substitute “ The Office for Students and the Higher Education Funding Council for Wales each ”, and (b) for “the council” substitute “ they ”. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further and Higher Education Act 1992 12 The Further and Higher Education Act 1992 is amended as follows. 13 In section 61 (interpretation of Part 1), omit subsection (3)(b). 14 (1) Section 62 (establishment of the Higher Education Funding Councils) is amended as follows. (2) In the heading, for “The Higher Education Funding Councils” substitute “ The Higher Education Funding Council for Wales ”. (3) In subsection (1)— (a) omit paragraph (a), and (b) in paragraph (b), after “them” insert “ (referred to in this Act as “the HEFCW”) ”. (4) Omit subsection (2). (5) In subsection (4), for “a council” substitute “ the HEFCW ”. (6) Omit subsections (5) and (6). (7) In subsection (7)— (a) omit “institutions in England or”, (b) in paragraph (a), omit “England or, as the case may be,”, and (c) in paragraph (b), omit “, in both cases,”. (8) In subsection (7A), for “each council” substitute “ the HEFCW ”. (9) In subsection (8), for “one of the councils” substitute “ the HEFCW or the Office for Students ”. (10) In subsection (9), for “each of the councils” substitute “ the HEFCW ”. 15 (1) Section 65 (administration of funds by councils) is amended as follows. (2) In the heading, for “councils” substitute “ the HEFCW ”. (3) In subsection (1)— (a) for “Each council” substitute “ The HEFCW ”, and (b) for “the council” substitute “ the HEFCW ”. (4) In subsection (2)(a), for “the council's” substitute “the HEFCW's”. (5) In subsection (3)— (a) for “A council” substitute “ The HEFCW ”, and (b) for “the council” substitute “ the HEFCW ”. (6) In subsection (3A)— (a) for “a Council” substitute “ the HEFCW ”, and (b) for “the Council” substitute “ the HEFCW ”. (7) In subsection (3B), for “the Council in question” substitute “ the HEFCW ”. (8) In subsection (4)— (a) for “a council” substitute “ the HEFCW ”, and (b) for “the council”, in each place, substitute “ the HEFCW ”. 16 (1) Section 66 (administration of funds: supplementary) is amended as follows. (2) In subsection (1)— (a) for “a council” substitute “ the HEFCW ”, and (b) for “the council”, in each place, substitute “ the HEFCW ”. (3) In subsections (2) and (3), for “a council” substitute “ the HEFCW ”. (4) In subsection (4), for “the council” substitute “ the HEFCW ”. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 (1) Section 69 (supplementary functions) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In subsection (2), for “Each council” substitute “ The HEFCW ”. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Omit section 70 (England: assessment of quality of education provided by institutions). 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Omit section 79A (Higher Education Funding Council for England's power to request information from institutions that are exempt charities). 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (1) Section 82 (joint exercise of functions) is amended as follows. (2) Omit subsections (1) to (1B). (3) In subsection (2), for “Great Britain” substitute “ Wales and Scotland ”. (4) In subsection (2A), after “Scottish” insert “ Further and ”. (5) In subsection (3)(a)— (a) for “a higher education funding council” substitute “ the HEFCW ”, (b) for “the National Assembly of Wales” substitute “ the Welsh Ministers ”, (c) for “it is discharging its” substitute “ they are discharging their ”, and (d) after “Scottish” insert “ Further and ”. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 (1) Section 92 (index) is amended as follows. (2) Omit the entry for “council (in Part 2), or higher education funding council”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For “institution in England or in Wales (in relation to higher education funding councils)” substitute “ institution in Wales (in relation to the HEFCW) ”. Education Act 1994 27 (1) Section 18 of the Education Act 1994 (power to reimburse certain payments to persons formerly employed in teacher training) is amended as follows. (2) In subsection (1), for “A higher education funding council” substitute “ The Office for Students or the Higher Education Funding Council for Wales ”. (3) In subsection (4)— (a) for “a higher education funding council” substitute “ the Office for Students or (as the case may be) the Higher Education Funding Council for Wales ”, and (b) for “the council” substitute “ they ”. Education Act 1996 28 In section 13 of the Education Act 1996 (local authorities' general responsibility for education), for subsection (2)(b) substitute— (b) the Higher Education Funding Council for Wales, or (c) the Office for Students. Freedom of Information Act 2000 29 (1) Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) is amended as follows. (2) In Part 4 (educational institutions), in paragraph 53(1)— (a) after paragraph (a) insert— (aa) a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of section 39(1) of the Higher Education and Research Act 2017, , (b) in paragraph (c), after “institution” insert “ in Wales ”, and (c) in paragraph (e), after “institution of” insert “ a registered higher education provider which falls within paragraph (aa) or ”. (3) In Part 4, in paragraph 53(2)— (a) after paragraph (a) insert— (aa) “registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017, , and (b) in paragraph (c), after “paragraph (c),” insert “ the reference to an institution in Wales is to be construed in accordance with section 62(7) of that Act, and ”. (4) In Part 6 (other public bodies), omit— (a) “The Director of Fair Access to Higher Education.”, and (b) “The Higher Education Funding Council for England. Higher Education Act 2004 30 (1) The Higher Education Act 2004 is amended as follows. (2) Omit sections 22 to 41 and Schedule 5 (student fees and fair access). (3) In section 47 (orders and regulations)— (a) in subsection (3), omit paragraphs (a) and (c), and (b) omit subsection (4). (4) In section 48 (general interpretation), omit the definition of “the 2005 Act”. (5) In Schedule 6 (consequential amendments)— (a) omit paragraph 1 (amendment to the Public Records Act 1958), (b) in paragraph 4 (amendment to the House of Commons Disqualification Act 1975), omit “ “Director of Fair Access to Higher Education.””, and (c) in paragraph 10 (amendment to the Freedom of Information Act 2000), omit “ “The Director of Fair Access to Higher Education.”” Education Act 2005 31 (1) The Education Act 2005 is amended as follows. (2) In section 92 (joint exercise of functions)— (a) in subsection (2), for “Higher Education Funding Council for England” substitute “ Office for Students ”, and (b) omit subsection (5). (3) In Schedule 14, omit paragraphs 26 to 35 (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule). Equality Act 2010 32 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), omit “The Higher Education Funding Council for England. Education Act 2011 33 In the Education Act 2011, omit the following (which amend provisions of Part 3 of the Higher Education Act 2004 which are repealed by this Schedule)— (a) section 77; (b) paragraphs 18 to 29 of Schedule 5; (c) paragraph 22 of Schedule 16. Charities Act 2011 34 In Part 2 of Schedule 7 to the Charities Act 2011, omit paragraph 97 (which amends section 40 of the Higher Education Act 2004 which is repealed by this Schedule). Counter-Terrorism and Security Act 2015 35 In section 32(5)(b) of the Counter-Terrorism and Security Act 2015 (monitoring of performance: further and higher education bodies) for “Higher Education Funding Council for England” substitute “ Office for Students ”.