Regulations made by virtue of section 29 or 33 must include provision—
(a) requiring any decision of the OfS under section 29 or 33 affecting the governing body of an institution to have effect in the first instance as a provisional decision,
(b) enabling the governing body to apply for a review of the provisional decision to a person, or panel of persons, appointed by the Secretary of State in accordance with the regulations,
(c) enabling the Secretary of State to pay remuneration and allowances to any person so appointed,
(d) prescribing the grounds on which an application for the review of a provisional decision may be made, and
(e) requiring the OfS to reconsider its provisional decision, and make a final decision, having regard to any recommendation of the person or panel.
(1) The OfS may—
(a) identify good practice relating to the promotion of equality of opportunity, and
(b) give advice about such practice to registered higher education providers.
(2) “Equality of opportunity” has the same meaning as in section 32.
(1) In performing its access and participation functions, the OfS has a duty to protect institutional autonomy including, in particular, the freedom of institutions—
(a) to determine the content of particular courses and the manner in which they are taught, supervised and assessed,
(b) to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and
(c) to determine the criteria for the admission of students and apply those criteria in particular cases.
(2) In performing those functions, subsection (1) applies instead of section 2(1)(a) (duty of OfS to have regard to the need to protect institutional autonomy) in relation to the freedom mentioned in subsection (8)(b) of that section.
(3) For the purposes of this section, the OfS's “access and participation functions” are the functions conferred on it by or under—
(a) section 21 (refusal to renew an access and participation plan), and
(b) sections 29 to 34 (access and participation plans).
37 Power of Secretary of State to require a report
(1) The Secretary of State may, by direction, require the OfS to report to the Secretary of State—
(a) in its annual report under paragraph 13 of Schedule 1, or
(b) in a special report,
on such matters relating to equality of opportunity as may be specified in the direction.
(2) “Equality of opportunity” has the same meaning as in section 32.
(3) Where the Secretary of State is provided with a special report, the Secretary of State must lay it before Parliament.
(4) See paragraph 13 of Schedule 1 for the laying of the OfS's annual reports.
38 Duty to monitor etc the provision of arrangements for student transfers
(1) The OfS—
(a) must monitor the availability of schemes or other arrangements provided by registered higher education providers for student transfers,
(b) must monitor the extent to which the arrangements monitored under paragraph (a) are utilised by students generally or students of a particular description,
(c) must include in its annual report a summary of conclusions drawn by it, for the financial year to which the report relates, from its monitoring under paragraphs (a) and (b), and
(d) may facilitate, encourage, or promote awareness of, the provision of arrangements by registered higher education providers for student transfers.
(2) For the purposes of this section, “a student transfer” is where—
(a) a student transfers from a higher education course (“course X”) provided by a UK higher education provider (“the transferring provider”) to a different higher education course (“course Y”) provided by the same or a different UK higher education provider (“the receiving provider”),
(b) the receiving provider recognises, or takes account of, the study undertaken, or a level of achievement attained, by the student—
(i) on course X, or
(ii) on another higher education course provided by the transferring provider,
when the receiving provider is determining the study to be undertaken, or the level of achievement attained, by the student on course Y, and
(c) either the transferring provider or the receiving provider is a registered higher education provider, or both are registered higher education providers.
(3) For the purposes of subsection (2), there may be an interval between the student ceasing to undertake course X and starting to undertake course Y.
(4) The duty under subsection (1)(a) may be discharged by the OfS monitoring, as described in that provision—
(a) arrangements for student transfers provided by all registered higher education providers or a particular description of such provider;
(b) all such arrangements for student transfers or a particular description of such arrangement or student transfer.
(5) In this section—
“annual report” means the annual report under paragraph 13 of Schedule 1;
“financial year” has the same meaning as in that Schedule (see paragraph 12(6));
“higher education course”—
in the case of a provider in England or Wales, has the meaning given in section 83(1);
in the case of a provider in Scotland, means a course falling within section 38 of the Further and Higher Education (Scotland) Act 1992;
in the case of a provider in Northern Ireland, means a course of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));
“UK higher education provider” means an English higher education provider or a higher education provider in Wales, Scotland or Northern Ireland.
(6) For the purposes of applying the definition of “higher education provider” in section 83(1) to the reference in the definition of “UK higher education provider” in subsection (5) to a higher education provider in Wales, Scotland or Northern Ireland, the reference to “higher education” in the definition of “higher education provider” in section 83(1)—
(a) in the case of an institution in Wales, has the meaning given in section 83(1);
(b) in the case of an institution in Scotland, has the same meaning as in section 38 of the Further and Higher Education (Scotland) Act 1992;
(c) in the case of an institution in Northern Ireland, has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).
39 Financial support for registered higher education providers
(1) The OfS may make grants, loans or other payments to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider or a qualifying connected institution, for the purposes of either or both of the following—
(a) the provision of education by the provider;
(b) the provision of facilities, and the carrying on of other activities, by the provider, which its governing body considers it is necessary or desirable to provide or carry on for the purposes of, or in connection with, education.
(2) The OfS may make grants, loans or other payments to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision by any person of services for the purposes of, or in connection with, the provision of education by eligible higher education providers receiving financial support under subsection (1).
(3) “Eligible higher education provider” means a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of subsection (1).
(4) “Qualifying connected institution”, in relation to an eligible higher education provider, means a college, school, hall or other institution—
(a) to which the provider's governing body proposes to pay, with the consent of the OfS, all or some of the payments made to it under subsection (1), and
(b) which the OfS is satisfied has a sufficient connection with the provider for the purposes of that subsection.
(5) “School” has the same meaning as in the Education Act 1996 (see section 4 of that Act) but also includes a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010).
(6) See section 41 regarding the terms and conditions of financial support under this section.
(1) The OfS may make grants, loans or other payments to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision of eligible higher education courses by—
(a) institutions in England maintained or assisted by local authorities in England or Wales, or
(b) English further education providers.
(2) “Eligible higher education course” means a higher education course prescribed by regulations made by the Secretary of State for the purposes of subsection (1).
(3) In subsection (1)(a)—
(a) an institution “assisted” by a local authority has the same meaning as in the Education Act 1996 (see section 579(5) to (7) of that Act), and
(b) the reference to a local authority in England or Wales has the same meaning as in that Act (see section 579(1) of that Act).
(4) See section 41 regarding the terms and conditions of financial support under this section.
(1) A grant, loan or other payment under section 39 or 40 may be made on such terms and conditions as the OfS considers appropriate.
(2) The terms and conditions may, in particular—
(a) enable the OfS to require the repayment, in whole or in part, of sums paid by the OfS if any of the terms and conditions subject to which the sums were paid is not complied with,
(b) require the payment of interest in respect of any period during which a sum due to the OfS in accordance with any of the terms and conditions remains unpaid, and
(c) require a person to whom sums are paid by the OfS to provide the OfS with any information it requests for the purpose of the exercise of any of its functions.
(3) But the terms and conditions must not relate to the application of sums which are not derived from the OfS by the provider or any other person to whom the grant, loan or other payment is made.
(4) Before determining the terms and conditions to be imposed on a grant, loan or other payment, the OfS must consult such persons as it considers appropriate.
(1) The OfS may by order authorise a registered higher education provider to grant taught awards or research awards or both.
(2) An authorisation under subsection (1) may authorise a provider to grant, as the case may be—
(a) taught awards or research awards of any description;
(b) specified taught awards or research awards;
(c) taught awards or research awards of a specified description.
(3) In this Part—
“taught award” means a degree (including a foundation degree), diploma, certificate or other academic award or distinction granted to persons who complete an appropriate course of study and satisfy an appropriate assessment;
“research award” means a degree, diploma, certificate or other academic award or distinction granted to persons who complete an appropriate programme of supervised research and satisfy an appropriate assessment;
“foundation degree” means a foundation degree granted to persons who complete an appropriate course of study and satisfy an appropriate assessment;
“foundation degree only authorisation” means authorisation under subsection (1) to grant taught awards where foundation degrees are the only degrees which the provider is authorised to grant.
(4) An order under subsection (1) which would give a provider foundation degree only authorisation may be made only if—
(a) the provider is an English further education provider,
(b) the provider gives the OfS a progression statement, and
(c) the OfS considers that the proposals set out in that statement are satisfactory and are likely to be carried out.
(5) A “progression statement” is a statement setting out what the provider proposes to do as regards making arrangements for securing that any person granted a foundation degree in pursuance of the authorisation (other than by virtue of section 43(2)(c) or (d) (honorary and staff degrees)) has an opportunity to progress to one or more particular courses of more advanced study.
(6) An authorisation under subsection (1) must specify—
(a) the date when it takes effect, and
(b) the period during which it has effect (which may be an indefinite period).
(7) A provider authorised under subsection (1) has power to grant the authorised taught awards or research awards (as the case may be) to persons who complete the appropriate course of study, or programme of supervised research, on or after the date the authorisation takes effect.
(8) It is for the provider to determine, in accordance with any relevant provisions of the instruments relating to or regulating the provider—
(a) the courses of study or programmes of supervised research, and the assessments, which are appropriate for the grant of an authorised taught award or research award, and
(b) the terms and conditions on which any of the powers conferred by the authorisation may be exercised.
(9) An authorisation under subsection (1) may restrict the power to grant an authorised taught award or research award to persons enrolled with the provider at the time they complete the course of study, or programme of supervised research, for which the award is granted.
(10) The OfS's power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
(11) An order under subsection (1) may make incidental, supplementary, transitional or saving provision.
(12) In this section—
“assessment” includes examination and test;
“authorised” means authorised by the authorisation under subsection (1);
“specified” means specified in the order under subsection (1) giving the authorisation.
(13) See sections 43, 44 and 46 which make further provision about orders under subsection (1).
(1) An authorisation under section 42(1) may include power for the provider to authorise other institutions to grant on the provider's behalf—
(a) all the authorised taught awards and research awards, or
(b) such of those awards as are specified or are of a specified description.
(2) An authorisation under section 42(1) includes—
(a) power to grant the authorised taught awards or research awards, or such of those awards as are specified or are of a specified description, jointly with another institution,
(b) power to deprive a person of an authorised taught award or research award granted by or on behalf of the provider in pursuance of the authorisation,
(c) power to grant honorary degrees of any description, or specified honorary degrees, or honorary degrees of a specified description, and
(d) power to grant degrees of any description, or specified degrees, or degrees of a specified description, to members of the academic or other staff of the provider.
(3) But in the case of a foundation degree only authorisation, the references in subsection (2)(c) and (d) to degrees are to foundation degrees only.
(4) In the case of an authorised taught award or research award granted jointly with another institution, the power to deprive mentioned in subsection (2)(b) is only exercisable jointly with that institution.
(5) In this section, “authorised” and “specified” have the same meaning as in section 42.
44 Variation or revocation of section 42 authorisation
(1) The OfS may, at any time, by a further order under section 42(1), vary or revoke an authorisation given by a previous order under that provision.
(2) That is the case even if the authorisation was given for an indefinite period.
(3) The OfS may make such an order revoking an authorisation given to a provider only if condition A, B or C is satisfied.
(4) Condition A is satisfied if the provider ceases to be a registered higher education provider.
(5) Condition B is satisfied if—
(a) the OfS has concerns regarding the quality of, or the standards applied to, higher education which has been or is being provided by the provider, and
(b) it appears to the OfS that those concerns are so serious that—
(i) its powers by a further order under section 42(1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
(ii) it is appropriate to revoke the authorisation.
(6) Condition C is satisfied if—
(a) due to a change in circumstances since the authorisation was given, the OfS has concerns regarding the quality of, or the standards applied to, higher education which will be provided by the provider, and
(b) it appears to the OfS that those concerns are so serious that—
(i) its powers by a further order under section 42(1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
(ii) it is appropriate to revoke the authorisation.
(7) Where there are one or more sector-recognised standards, for the purposes of subsections (5)(a) and (6)(a)—
(a) the OfS's concerns regarding the standards applied must be concerns regarding the standards applied in respect of matters for which there are sector-recognised standards, and
(b) those concerns must be regarding those standards as assessed against sector-recognised standards.
(8) See sections 46 and 48 which make further provision about further orders under section 42(1).
45 Variation or revocation of other authorisations to grant degrees etc
(1) The OfS may by order vary or revoke an authorisation given to an English higher education provider—
(a) by or under an Act of Parliament, other than under section 42(1) of this Act, or
(b) by Royal Charter,
to grant taught awards or research awards.
(2) That is the case even if the authorisation was given for an indefinite period.
(3) An order under subsection (1) varying an authorisation may only make such provision as could be made by an order giving authorisation under section 42(1).
(4) When applying section 42(4) and (5) in the case of such an order, the reference in section 42(5) to a foundation degree granted other than by virtue of section 43(2)(c) or (d) (honorary and staff degrees) is to be read as a reference to a foundation degree granted other than by virtue of whatever is the equivalent of section 43(2)(c) or (d) in the case of the provider.
(5) The OfS may make an order under subsection (1) revoking an authorisation given to a provider only if condition A, B or C is satisfied.
(6) Condition A is satisfied if the provider is not a registered higher education provider.
(7) Condition B is satisfied if—
(a) the OfS has concerns regarding the quality of, or the standards applied to, higher education which has been or is being provided by the provider, and
(b) it appears to the OfS that those concerns are so serious that—
(i) its powers by an order under subsection (1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
(ii) it is appropriate to revoke the authorisation.
(8) Condition C is satisfied if—
(a) due to a change in circumstances since the authorisation was given, the OfS has concerns regarding the quality of, or the standards applied to, higher education which will be provided by the provider, and
(b) it appears to the OfS that those concerns are so serious that—
(i) its powers by an order under subsection (1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and
(ii) it is appropriate to revoke the authorisation.
(9) Where there are one or more sector-recognised standards, for the purposes of subsections (7)(a) and (8)(a)—
(a) the OfS's concerns regarding the standards applied must be concerns regarding the standards applied in respect of matters for which there are sector-recognised standards, and
(b) those concerns must be regarding those standards as assessed against sector-recognised standards.
(10) The OfS's power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
(11) An order under subsection (1) may make incidental, supplementary, transitional or saving provision.
(12) Any power to vary or revoke an authorisation mentioned in subsection (1), which is a power which exists immediately before the coming into force of this section, ceases to exist on that coming into force.
(13) See sections 46 and 48 which make further provision about orders under subsection (1).
46 Grant, variation or revocation of authorisation: advice on quality etc
(1) The OfS must request advice from the relevant body regarding the quality of, and the standards applied to, higher education provided by a provider before making—
(a) an order under section 42(1) authorising the provider to grant taught awards or research awards,
(b) a further order under section 42(1)—
(i) varying an authorisation given to the provider by a previous order under section 42(1), or
(ii) revoking such an authorisation on the ground that condition B in section 44(5) is satisfied, or
(c) an order under section 45(1)—
(i) varying an authorisation given to the provider, as described in that provision, to grant taught awards or research awards, or
(ii) revoking such an authorisation on the ground that condition B in section 45(7) is satisfied.
(2) Where the OfS requests advice under subsection (1), the relevant body must provide it.
(3) The advice provided under subsection (2) must include the relevant body's view as to whether the provider has the ability—
(a) to provide, and maintain the provision of, higher education of an appropriate quality, and
(b) to apply, and maintain the application of, appropriate standards to that higher education.
(4) The advice provided by the relevant body under subsection (2) must be informed by the views of persons who (between them) have experience of—
(a) providing higher education on behalf of, or being responsible for the provision of higher education by—
(i) an English higher education provider which is neither authorised to grant taught awards nor authorised to grant research awards,
(ii) an English further education provider, and
(iii) an English higher education provider which is within neither sub-paragraph (i) nor sub-paragraph (ii),
(b) representing or promoting the interests of individual students, or students generally, on higher education courses provided by higher education providers,
(c) employing graduates of higher education courses provided by higher education providers,
(d) research into science, technology, humanities or new ideas, and
(e) encouraging competition in industry or another sector of society.
(5) Where the order authorises the provider to grant research awards or varies or revokes such an authorisation, the advice provided by the relevant body under subsection (2) must also be informed by the views of UKRI.
(6) Subsections (4) and (5) do not prevent the advice given by the relevant body under subsection (2) also being informed by the views of others.
(7) The OfS must have regard to advice provided to it by the relevant body under subsection (2) in deciding whether to make the order.
(8) But that does not prevent the OfS having regard to advice from others regarding quality or standards.
(9) Where the order varies or revokes an authorisation, the advice under subsection (1) may be requested before or after the governing body of the provider is notified under section 48 of the OfS's intention to make the order.
(10) Where there are one or more sector-recognised standards—
(a) for the purposes of subsections (1) and (8)—
(i) the advice regarding the standards applied must be advice regarding the standards applied in respect of matters for which there are sector-recognised standards, and
(ii) that advice must be regarding those standards as assessed against sector-recognised standards, and
(b) “appropriate standards” in subsection (3) means sector-recognised standards.
(11) In this section “the relevant body” means—
(a) the designated assessment body, or
(b) if there is no such body, a committee which the OfS must establish under paragraph 8 of Schedule 1 for the purpose of performing the functions of the relevant body under this section.
(12) Where the OfS is required to establish a committee for the purpose mentioned in subsection (11)(b)—
(a) the majority of members of the committee must be individuals who are not members of the OfS, and
(b) in appointing members of the committee, the OfS must have regard to the need for the advice provided by the committee to meet the requirements of subsections (4) and (where applicable) (5).
(13) In this section—
“designated assessment body” means a body for the time being designated under Schedule 4;
“humanities” and “science” have the same meaning as in Part 3 (see section 111).
47 Grant of authorisation: notification of new providers
(1) The OfS must, as soon as possible after it has been made, notify the Secretary of State if it makes an order under section 42(1) authorising a provider to grant taught awards, where the provider has not previously operated under validation arrangements.
(2) For the purposes of subsection (1), a provider has previously operated under validation arrangements if, at any time before the date when the order is made—
(a) a student at the provider has been granted a taught award by another provider or the OfS, under validation arrangements between the provider and the other provider or the OfS, or
(b) the provider has granted a taught award on behalf of another provider or the OfS, under validation arrangements between the provider and the other provider or the OfS.
(3) In this section “validation arrangements” means—
(a) arrangements between one English higher education provider and another English higher education provider under which the first provider—
(i) grants a taught award to a person who is a student at the other provider, or
(ii) authorises the other provider to grant a taught award on behalf of the first provider, or
(b) arrangements between the OfS and a registered higher education provider under which the OfS—
(i) grants a taught award to a person who is a student at the provider, or
(ii) authorises the provider to grant a taught award on behalf of the OfS.
48 Variation or revocation of authorisation: procedure
(1) Before—
(a) making a further order under section 42(1) varying or revoking a provider's authorisation, or
(b) making an order under section 45(1) varying or revoking a provider's authorisation,
the OfS must notify the governing body of the provider of its intention to do so.
(2) The notice must—
(a) specify the OfS's reasons for proposing to take the step in question,
(b) specify the period during which the governing body may make representations about the proposal (“the specified period”), and
(c) specify the way in which those representations may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.
(4) The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to take the step in question.
(5) Having decided whether or not to take the step in question, the OfS must notify the governing body of the provider of its decision.
(6) If the OfS decides to vary or revoke a provider's authorisation, the notice of the decision must specify the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1).
(7) The notice must also contain information as to—
(a) the rights of appeal, and
(b) the period within which an appeal may be made.
(8) The order under section 42(1) or 45(1) implementing the decision to vary or revoke the authorisation may not be made, and the variation or revocation may not take effect, at any time when—
(a) an appeal under section 49(1)(a) or (b), or a further appeal, could be brought in respect of the decision to vary or revoke, or
(b) such an appeal is pending.
(9) But that does not prevent the order under section 42(1) or 45(1) being made, or the variation or revocation taking effect, if the governing body of the provider notifies the OfS that it does not intend to appeal.
(10) Where subsection (8) ceases to prevent a variation or revocation taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1).
(11) But that is subject to what has been determined on any appeal under section 49(1)(a) or (b), or any further appeal, in respect of the decision to vary or revoke.
49 Appeals against variation or revocation of authorisation
(1) The governing body of a provider may appeal to the First-tier Tribunal against either or both of the following—
(a) a decision of the OfS to vary or revoke, by a further order under section 42(1) or an order under section 45(1), an authorisation given to it;
(b) a decision of the OfS as to the date specified under section 48(6) as the date on which the variation or revocation takes effect.
(2) On an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal—
(a) must consider afresh the decision appealed against, and
(b) may take into account evidence that was not available to the OfS.
(3) An appeal under subsection (1), other than an appeal against a decision to revoke an authorisation, may be on the grounds—
(a) that the decision was based on an error in fact;
(b) that the decision was wrong in law;
(c) that the decision was unreasonable.
(4) On an appeal under subsection (1), the Tribunal may—
(a) withdraw the decision;
(b) confirm the decision;
(c) vary the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1);
(d) remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the variation or revocation takes effect), to the OfS.
(5) In the case of an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.
(6) An appeal under subsection (1)(a) against a decision to revoke an authorisation may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.
(1) The OfS may enter into arrangements (“commissioning arrangements”) with an authorised registered higher education provider requiring the provider to offer to enter into validation arrangements in respect of—
(a) all the taught awards that the provider is authorised to grant, or
(b) such of those taught awards as are specified in the commissioning arrangements or are of a description so specified.
(2) Commissioning arrangements may require a provider to offer to enter into validation arrangements subject to conditions specified by the OfS.
(3) Commissioning arrangements may not require a provider to offer to enter into validation arrangements that the provider is not authorised to enter into.
(4) In this section, “validation arrangements” means arrangements between one registered higher education provider and another registered higher education provider under which the first provider—
(a) grants a taught award to a person who is a student at the other provider, or
(b) authorises the other provider to grant a taught award on behalf of the first provider.
(5) In this section, “authorised”, in relation to a registered higher education provider, means authorised to grant taught awards, and to enter into validation arrangements, by—
(a) an authorisation given—
(i) under section 42(1),
(ii) by or under any other provision of an Act of Parliament, or
(iii) by Royal Charter, or
(b) an authorisation varied under section 45(1).
(1) If (having regard to advice from the OfS) the Secretary of State considers it necessary or expedient, the Secretary of State may by regulations—
(a) authorise the OfS to enter into validation arrangements, and
(b) require the OfS to offer to do so with—
(i) registered higher education providers generally, or
(ii) such registered higher education providers as are specified in the regulations or are of a description so specified.
(2) Regulations under subsection (1) may authorise the OfS to enter into validation arrangements in respect of—
(a) all taught awards, or
(b) such taught awards as are specified in the regulations or are of a description so specified.
(3) Regulations under subsection (1) may require the OfS to offer to enter into validation arrangements subject to conditions specified in the regulations.
(4) Regulations under subsection (1) may include power for the OfS to authorise authorised registered higher education providers to enter on its behalf into—
(a) all the validation arrangements that the OfS is authorised to enter into by the regulations, or
(b) such of those validation arrangements as are specified in the regulations or are of a description so specified.
(5) But regulations under subsection (1) may not include power for the OfS to authorise a provider to enter on its behalf into validation arrangements which are—
(a) arrangements in respect of taught awards that the provider is not authorised to grant, or
(b) arrangements that the provider is not authorised to enter into.
(6) Regulations under subsection (1) may include power for the OfS to deprive a person of a taught award granted by or on behalf of the OfS under validation arrangements.
(7) In this section, “validation arrangements” means arrangements between the OfS and a registered higher education provider under which the OfS—
(a) grants a taught award to a person who is a student at the provider, or
(b) authorises the provider to grant a taught award on behalf of the OfS.
(8) In this section, “authorised”, in relation to a registered higher education provider, means authorised to grant taught awards, and to enter into validation arrangements, by—
(a) an authorisation given—
(i) under section 42(1),
(ii) by or under any other provision of an Act of Parliament, or
(iii) by Royal Charter, or
(b) an authorisation varied under section 45(1).
(9) Validation arrangements may provide for—
(a) the grant of a taught award by the OfS, or
(b) the authorisation to grant a taught award on behalf of the OfS,
to be subject to such conditions as the OfS considers appropriate.
(1) Section 214 of the Education Reform Act 1988 (unrecognised degrees) is amended as follows.
(2) In subsection (2), before paragraph (a) insert—
(za) an award granted or to be granted by a university, college or other body which it is authorised to grant by—
(i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”),
(ii) an authorisation varied under section 45(1) of the 2017 Act, or
(iii) regulations under section 51(1) of the 2017 Act;
(zb) an award granted or to be granted by a body for the time being permitted by a body falling within paragraph (za) to act on its behalf in the granting of that award where the grant of that award by that other body on its behalf is authorised by—
(i) the authorisation mentioned in paragraph (za), or
(ii) regulations under section 51(1) of the 2017 Act;
.
(3) In subsection (2)(a), after “Act of Parliament” insert “ (other than section 42(1), 45(1) or 51(1) of the 2017 Act) ”.
(4) In subsection (2)(c), for “Secretary of State” substitute “ appropriate authority ”.
(5) After subsection (9) insert—
(9ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means—
(a) so far as the power to make an order under subsection (2)(c) is exercisable in relation to England, the Office for Students, and
(b) so far as the power to make an order under that provision is exercisable in relation to Wales, the Welsh Ministers.
(6) In subsection (9A)—
(a) for “and section 215, as they extend” substitute “ as it extends ”, and
(b) for “the reference to the Secretary of State is to be read as a reference to” substitute “ “the appropriate authority” means ”.
(7) In subsection (10)(a)—
(a) for “means” substitute
—
(i) means
, and
(b) after “outside the United Kingdom” insert
, and
(ii) includes the Office for Students
.
(1) Section 215 of the Education Reform Act 1988 (“the 1988 Act”) (unrecognised degrees: enforcement) is amended in accordance with subsections (2) and (3).
(2) In subsection (1)—
(a) for “Secretary of State” substitute “ appropriate authority ”,
(b) for “him” substitute “ the appropriate authority ”, and
(c) for “he” substitute “ the appropriate authority ”.
(3) After subsection (1A) insert—
(1B) “The appropriate authority” means—
(a) in the case of a weights and measures authority in England, the Secretary of State,
(b) in the case of a weights and measures authority in Wales, the Welsh Ministers, and
(c) in the case of a weights and measures authority in Scotland, the Scottish Ministers.
(4) Section 216 of the 1988 Act (identification of bodies granting or providing courses for recognised awards) is amended in accordance with subsections (5) to (12).
(5) For subsection (1) substitute—
(1) The appropriate authority may by order designate each body which appears to the authority to be a recognised body within subsection (4)(a), (b) or (c).
(1A) For the purposes of sections 214 and 215, any body for the time being designated by an order under subsection (1) as a recognised body within subsection (4)(c) is conclusively presumed to be such a body.
(6) In subsection (2)—
(a) for “Secretary of State” substitute “ appropriate authority ”, and
(b) for “him” substitute “ the authority ”.
(7) After subsection (2) insert—
(2ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means—
(a) so far as the functions in question are exercisable in relation to England, the Office for Students, and
(b) so far as the functions in question are exercisable in relation to Wales, the Welsh Ministers.
(8) In subsection (2A), for “the references in subsections (1) and (2) above to the Secretary of State are to be read as references to” substitute “ “the appropriate authority” means ”.
(9) In subsection (3)—
(a) in the opening words for “either” substitute “ it ”, and
(b) before paragraph (a) insert—
(za) provides any course which is—
(i) in preparation for a degree to be granted by a recognised body within subsection (4)(a) or (b) which the recognised body is authorised to grant by the authorisation or regulations mentioned in subsection (4)(a), and
(ii) is approved by or on behalf of that recognised body;
.
(10) In subsection (3)(a), after “a recognised body” insert “ within subsection (4)(c) ”.
(11) In subsection (4), after “means” insert
—
(a) a body which is authorised to grant awards by—
(i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”),
(ii) an authorisation varied under section 45(1) of the 2017 Act, or
(iii) regulations under section 51(1) of the 2017 Act,
(b) a body for the time being permitted by a body within paragraph (a) to act on its behalf in the granting of awards where the grant of the awards by that other body on its behalf is authorised by the authorisation or regulations mentioned in paragraph (a), or
(c)
.
(12) In the heading, after “awards” insert “ etc ”.
(13) Section 232 of the 1988 Act (orders and regulations) is amended in accordance with subsections (14) and (15).
(14) After subsection (4), insert—
(4A) The power of the Office for Students to make an order under section 214 or 216 is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
(15) In subsection (5), after “fit” insert “ or, in the case of orders under section 214 or 216 made by the Office for Students, the Office for Students thinks fit ”.
(16) The amendments made by section 53 or this section to section 214 or 216 of the 1988 Act do not affect the continuing validity of any orders made under section 214 or 216 of the 1988 Act before the coming into force of this section.
(17) Such orders made by the Secretary of State under section 214 or 216 of the 1988 Act have effect after the coming into force of this section as if made by the OfS under section 214 or 216 of the 1988 Act.
(18) The power in section 217(2) of the 1988 Act may be exercised so as to extend to any of the Channel Islands any amendment made by section 53 or this section to sections 214 to 216 of the 1988 Act with such adaptations and modifications (if any) as may be specified in the Order.
55 Saving for right to grant degrees under the Ecclesiastical Licences Act 1533
Nothing done under this Part is to affect the right of the Archbishop of Canterbury, or any other person, by virtue of the Ecclesiastical Licences Act 1533 to grant a degree where the recipient is not required—
(a) to complete an appropriate course of study or an appropriate programme of supervised research, or
(b) to satisfy an appropriate examination, test or other assessment.
(1) Section 77 of the Further and Higher Education Act 1992 (use of “university” in title of institution) is amended as follows.
(2) Before subsection (1) insert—
(A1) Where—
(a) power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution,
(b) the educational institution is a registered higher education provider, and
(c) the power is exercisable with the consent of the Privy Council,
then, the power may be exercised so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body, but only if the Office for Students (instead of the Privy Council) consents to that exercise of the power.
(3) In subsection (1)—
(a) in paragraph (b), after “institution” insert “ is in Wales and ”, and
(b) omit “(whether or not the institution would apart from this section be a university)”.
(4) After subsection (1) insert—
(1A) Subsections (A1) and (1) apply whether or not the educational institution would, apart from this section, be a university.
(5) In subsection (2)—
(a) after “in subsection” insert “ (A1) or ”, and
(b) for “that subsection” substitute “ subsections (A1) and (1) ”.
(6) In subsection (3), after “name” insert “ the Office for Students and ”.
(7) After subsection (3) insert—
(3A) In exercising its power to give consent under subsection (A1), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.
(3B) Before giving guidance under subsection (3A), the Secretary of State must consult—
(a) bodies representing the interests of English higher education providers,
(b) bodies representing the interests of students on higher education courses provided by English higher education providers, and
(c) such other persons as the Secretary of State considers appropriate.
(8) In subsection (4), after “subsection” insert “ (A1) or ”.
(9) After subsection (4) insert—
(5) In this section, “English higher education provider”, “higher education course” and “registered higher education provider” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see sections 83 and 85 of that Act).
(6) For the purposes of subsection (1), an educational institution is in Wales if the institution's activities are carried on, or principally carried on, in Wales.
(10) The amendments made by this section do not affect the continuing validity of any consents given by the Privy Council under section 77 of the Further and Higher Education Act 1992 before the coming into force of this section.
57 Unauthorised use of “university” in title of institution etc
(1) Section 39 of the Teaching and Higher Education Act 1998 (unauthorised use of “university” in title of institution etc) is amended as follows.
(2) Before subsection (1) insert—
(A1) A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—
(a) authorised by or by virtue of any Act or Royal Charter, or
(b) approved by the Office for Students for the purposes of this section.
(3) In subsection (1), omit “England or”.
(4) In subsection (2)—
(a) for “such an institution” substitute “ a relevant institution in England or a relevant institution in Wales ”, and
(b) after “subsection” insert “ (A1) or ”.
(5) In subsection (3), after “Subsection” insert “ (A1), ”.
(6) In subsection (4), after “subsection” insert “ (A1), ”.
(7) In subsection (5), after “this section” insert “ the Office for Students and ”.
(8) After subsection (5) insert—
(5A) In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.
(5B) Before giving guidance under subsection (5A), the Secretary of State must consult—
(a) bodies representing the interests of English higher education providers,
(b) bodies representing the interests of students on higher education courses provided by English higher education providers, and
(c) such other persons as the Secretary of State considers appropriate.
(5C) The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.
(5D) But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word “university” in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006.
(5E) Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.
(9) In subsection (7), before the definition of “relevant institution” insert—
“English higher education provider” and “higher education course” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see section 83 of that Act);
.
(10) In subsection (7), for the definition of “relevant institution” substitute—
“relevant institution in England” means a registered higher education provider as defined by section 85 of the Higher Education and Research Act 2017;
“relevant institution in Wales” means—
(a) an institution in Wales within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992, or
(b) an institution in Wales within the higher education sector as defined by section 91(5) of that Act;
.
(11) After subsection (7) insert—
(8) For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.
(12) The amendments made by this section do not affect the continuing validity of any approvals given by the Privy Council under section 39 of the Teaching and Higher Education Act 1998 before the coming into force of this section.
58 Revocation of authorisation to use “university” title
(1) The OfS may by order revoke any authorisation, consent or other approval given by or by virtue of—
(a) an Act (other than the Companies Act 2006), or
(b) a Royal Charter,
to an institution in England to include the word “university” in its name.
(2) That is the case even if the authorisation, consent or other approval was granted for an indefinite period.
(3) The OfS may make an order under subsection (1) only if condition A, B or C is satisfied.
(4) Condition A is satisfied if—
(a) in the case of consent or approval given by the OfS under section 77 of the Further and Higher Education Act 1992 or section 39 of the Teaching and Higher Education Act 1998, the institution ceases to be a registered higher education provider, or
(b) in any other case, the institution is not a registered higher education provider.
(5) Condition B is satisfied if, disregarding any transitional or saving provision made by an order under section 42(1) or 45(1)—
(a) the institution is neither authorised to grant taught awards nor authorised to grant research awards, or
(b) foundation degrees are the only degrees which the institution is authorised to grant.
(6) Condition C is satisfied if, due to a change in circumstances since the authorisation, consent or other approval was given, it appears to the OfS to be no longer appropriate for the institution to include the word “university” in its name.
(7) The OfS's power to make an order under subsection (1) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.
(8) An order under subsection (1) may make incidental, supplementary, transitional or saving provision.
(9) Any power to revoke an authorisation, consent or other approval mentioned in subsection (1), which is a power which exists immediately before the coming into force of this section, ceases to exist on that coming into force.
(1) Before making an order under section 58(1) revoking the authorisation, consent or other approval given to an institution to include the word “university” in its name, the OfS must notify the governing body of the institution of its intention to do so.
(2) The notice must—
(a) specify the OfS's reasons for proposing to take the step in question,
(b) specify the period during which the governing body may make representations about the proposal (“the specified period”), and
(c) specify the way in which those representations may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.
(4) The OfS must have regard to any representations made by the governing body of the institution during the specified period in deciding whether to take the step in question.
(5) Having decided whether or not to take the step in question, the OfS must notify the governing body of the institution of its decision.
(6) If the OfS decides to revoke the authorisation, consent or other approval given to an institution to include the word “university” in its name, the notice of the decision must specify the date on which the revocation takes effect under the order to be made under section 58(1).
(7) The notice must also contain information as to—
(a) the rights of appeal, and
(b) the period within which an appeal may be made.
(8) The order under section 58(1) implementing the decision to revoke the authorisation, consent or other approval may not be made, and the revocation may not take effect, at any time when—
(a) an appeal under section 60(1)(a) or (b), or a further appeal, could be brought in respect of the decision to revoke, or
(b) such an appeal is pending.
(9) But that does not prevent the order under section 58(1) being made, or the revocation taking effect, if the governing body of the institution notifies the OfS that it does not intend to appeal.
(10) Where subsection (8) ceases to prevent a revocation taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the revocation takes effect under the order to be made under section 58(1).
(11) But that is subject to what has been determined on any appeal under section 60(1)(a) or (b), or any further appeal, in respect of the decision to revoke.
(1) The governing body of an institution may appeal to the First-tier Tribunal against either or both of the following—
(a) a decision of the OfS to revoke, by an order under section 58(1), an authorisation, consent or other approval given to the institution to include the word “university” in its name;
(b) a decision of the OfS as to the date specified under section 59(6) as the date on which the revocation takes effect.
(2) On an appeal under subsection (1)(a), the Tribunal—
(a) must consider afresh the decision appealed against, and
(b) may take into account evidence that was not available to the OfS.
(3) An appeal under subsection (1)(b) may be on the grounds—
(a) that the decision was based on an error of fact;
(b) that the decision was wrong in law;
(c) that the decision was unreasonable.
(4) On an appeal under subsection (1), the Tribunal may—
(a) withdraw the decision;
(b) confirm the decision;
(c) vary the date on which the revocation takes effect under the order to be made under section 58(1);
(d) remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the revocation takes effect), to the OfS.
(5) In the case of an appeal under subsection (1)(a), the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.
(6) An appeal under subsection (1)(a) against a decision to revoke an approval may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.
(1) Schedule 5 makes provision about powers to enter and search premises in England occupied by supported higher education providers or linked institutions in relation to such providers.
(2) “Supported higher education provider” means a registered higher education provider which—
(a) is funded wholly or partly by a grant, loan or other payment from the OfS under section 39 or 40 (financial support for providers), or
(b) provides higher education courses which are designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 (financial support for students) by or under regulations made under that section.
(3) A “linked institution” in relation to a supported higher education provider means an institution which acts on behalf of the provider in the provision of a higher education course by the provider.
62 Power to require information from unregistered providers
(1) The OfS may by notice require the governing body of an unregistered provider to provide the OfS with such information for the purposes of the performance of the OfS's functions as the OfS requests in the notice.
(2) A notice under subsection (1) may require the information to be provided—
(a) by a time specified in the notice, and
(b) in a form and manner specified in the notice.
(3) If a governing body fails to comply with a notice under subsection (1) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the notice in civil proceedings for an injunction.
(4) “An unregistered provider” is an English higher education provider which is not a registered higher education provider.
(5) See section 8(1)(b) for the ongoing registration condition of a registered higher education provider to provide information to the OfS.
(1) The OfS—
(a) may cooperate with any person where it considers it appropriate to do so for the efficient performance of a function of the OfS, and
(b) must cooperate with a person in the performance of such a function if required to do so by the Secretary of State.
(2) The OfS—
(a) may cooperate with a relevant person where it considers it appropriate to do so for the efficient performance of a relevant function of the relevant person, and
(b) must cooperate with a relevant person in the performance of such a function if required to do so by the Secretary of State.
(3) The OfS may provide information to any person if the disclosure is made for the purposes of the performance of a function of the OfS.
(4) The OfS may provide information to a relevant person if the disclosure is made for the purposes of the performance of a relevant function of the relevant person.
(5) Provision of information by the OfS which is authorised by this section does not breach—
(a) an obligation of confidence owed by the OfS, or
(b) any other restriction on the provision of information (however imposed).
(6) But nothing in this section authorises the OfS to provide information where doing so contravenes the data protection legislation .
(7) In this section—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“relevant person” means—
the Privy Council, or
a person prescribed by regulations made by the Secretary of State;
“relevant function” means—
in relation to the Privy Council, any of its functions;
in relation to any other relevant person, a function prescribed by regulations made by the Secretary of State.
(8) Regulations under this section prescribing functions of a relevant person may prescribe all of the person's functions.
64 Duty to compile and make available higher education information
(1) The relevant body must—
(a) compile appropriate information relating to registered higher education providers and the higher education courses they provide, and
(b) make the information available in an appropriate form and manner to the OfS, UKRI and the Secretary of State.
(2) In this section “the relevant body” means—
(a) the designated body (see section 66), or
(b) if there is no such body, the OfS.
(3) What is “appropriate” for the purposes of subsection (1)(a) and (b) is to be determined—
(a) by the designated body if the OfS has notified the body that it is required to do so (and has not withdrawn the notification), or
(b) otherwise, by the OfS.
(4) A notification under subsection (3) may relate to one or both of the paragraphs of subsection (1).
(5) When the designated body or the OfS determines what is appropriate for the purposes of subsection (1), it must in particular consider what would be helpful to the persons mentioned in subsection (1)(b).
(6) The OfS must from time to time obtain and consider, or require the designated body to obtain and consider, the views of the persons listed in subsection (7) about the information that should be made available under this section.
(7) Those persons are—
(a) UKRI,
(b) the Secretary of State, and
(c) such other persons as the body seeking views considers appropriate.
(8) In performing the duty under subsection (1)(a), the relevant body must—
(a) cooperate with other persons who collect information from registered higher education providers, and
(b) have regard to the desirability of reducing the burdens on such providers relating to the collection of information.
(9) In carrying out other functions under this section, the OfS and the designated body must have regard to the desirability of reducing the burdens described in subsection (8)(b).
(10) The functions conferred by this section do not affect any other functions of the OfS regarding information.
(1) The relevant body must publish, or arrange for the publication of, appropriate information relating to registered higher education providers and the higher education courses they provide.
(2) In this section “the relevant body” means—
(a) the designated body (see section 66), or
(b) if there is no such body, the OfS.
(3) The information must be published—
(a) at appropriate times, and
(b) at least once a year.
(4) The information must be published in an appropriate form and manner.
(5) What is “appropriate” for the purposes of subsections (1), (3) and (4) is to be determined—
(a) by the designated body if the OfS has notified the body that it is required to do so (and has not withdrawn the notification), or
(b) otherwise, by the OfS.
(6) A notification under subsection (5) may relate to one or more of subsections (1), (3) and (4).
(7) When the designated body or the OfS determines what is appropriate for the purposes of subsection (1), (3) or (4), it must in particular consider what would be helpful to—
(a) students on higher education courses provided by registered higher education providers;
(b) people thinking about undertaking such courses;
(c) registered higher education providers.
(8) The consideration under subsection (7) of what would be helpful to those described in paragraphs (a) to (c) of that subsection must include a consideration of what would be helpful to—
(a) international students on higher education courses provided by registered higher education providers;
(b) people thinking about undertaking such courses who would be international students on such courses;
(c) registered higher education providers who recruit, or are thinking about recruiting, people who would be international students on such courses.
(9) When the designated body or the OfS determines what is appropriate for the purposes of subsection (1), it must, in particular, consider whether information about the numbers of international students on higher education courses provided by registered higher education providers would be appropriate information.
(10) The OfS must from time to time consult, or require the designated body to consult, the following about the matters described in subsections (7) to (9)—
(a) a number of registered higher education providers that, taken together, appear to the OfS to comprise a broad range of the different types of such providers,
(b) a number of persons that, taken together, appear to the OfS to represent, or promote the interests of, a broad range of students on higher education courses provided by registered higher education providers,
(c) a number of persons that, taken together, appear to the OfS to represent, or promote the interests of, a broad range of employers of graduates, and
(d) such other persons as the OfS considers appropriate.
(11) In performing the duty under subsection (1), the relevant body must—
(a) cooperate with other persons who collect information from registered higher education providers, and
(b) have regard to the desirability of reducing the burdens on such providers relating to the collection of information.
(12) In carrying out other functions under this section, the OfS and the designated body must have regard to the desirability of reducing the burdens described in subsection (11)(b).
(13) The functions conferred by this section do not affect any other functions of the OfS regarding information.
(14) In this section—
“graduate” means a graduate of a higher education course provided by a registered higher education provider;
“international student” means a person—
who is not within any description of persons prescribed under section 1 of the Education (Fees and Awards) Act 1983 (charging of higher fees in case of students without prescribed connection with the UK) for the purposes of subsection (1) or (2) of that section, and
whose presence in the United Kingdom, and undertaking of the higher education course in question, are not in breach of primary or secondary legislation relating to immigration.
(1) In sections 64 and 65 and this section, “designated body” means a body for the time being designated under Schedule 6.
(2) In Schedule 6—
(a) Part 1 makes provision about the designation of a body for the purposes of sections 64 and 65, and
(b) Part 2 makes provision about oversight of the designated body by the OfS.
(3) If there is a designated body, the OfS must have regard to the views of that body when making a decision about what is appropriate for the purposes of section 64(1) or section 65(1), (3) or (4).
(4) A person listed in subsection (5) may by notice require a designated body to provide the person with information which is held by the designated body for the purposes of the performance of its duties under sections 64(1) or 65(1).
(5) Those persons are—
(a) the OfS,
(b) UKRI, and
(c) the Secretary of State.
(6) A person may give a notice under subsection (4) only in respect of information which is required by the person for the purposes of the performance of any of the person's functions.
(7) A notice under subsection (4) may require the information to be provided—
(a) by a time specified in the notice, and
(b) in a form and manner specified in the notice.
(8) If a designated body fails to comply with a notice under subsection (4) and does not satisfy the person who gave the notice that it is unable to provide the information, that person may enforce the duty to comply with the notice in civil proceedings for an injunction.
(1) A designated body may charge an annual fee to any registered higher education provider in respect of costs incurred, or to be incurred, by the body in the performance by the body of its functions under this Act.
(2) The amount of a fee payable by a registered higher education provider under this section may be calculated by reference to costs incurred, or to be incurred, by the body in the performance by the body of any of its functions under this Act which are unconnected with the provider.
(3) The total fees payable under this section in any period of 12 months must not exceed the total costs incurred by the body in that period in the performance by the body of its functions under this Act.
(4) The designated body must publish—
(a) a statement of the amount of the fees which it charges under this section and the basis on which they are calculated, and
(b) revised statements where the amount of the fees or the basis on which they are calculated changes.
(5) “Designated body” has the same meaning as in section 66.
67A Power for the OfS to publish notices, decisions and reports
(1) The OfS may publish notices, decisions and reports given or made in the performance of its functions.
(2) Subsection (1) does not affect any other power of the OfS to publish such a matter.
(3) Publication under this section does not breach—
(a) an obligation of confidence owed by the OfS, or
(b) any other restriction on the publication or disclosure of information (however imposed).
(4) But nothing in this section authorises the OfS to publish information where doing so contravenes the data protection legislation.
For this purpose “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(5) In deciding whether to publish a notice, decision or report under subsection (1), the OfS must, in particular, consider—
(a) the interests of—
(i) students on higher education courses provided by English higher education providers,
(ii) people thinking about undertaking, or who have undertaken, such courses, and
(iii) English higher education providers,
(b) the need for excluding from publication, so far as practicable, any information which relates to the affairs of a particular body or individual, where publication of that information would or might, in the opinion of the OfS, seriously and prejudicially affect the interests of that body or individual, and
(c) the public interest.
(6) For the purposes of this section and sections 67B and 67C—
(a) a reference to a decision includes a reference to the reasons for it, and
(b) any decision made in the course of exercising, or for the purposes of enabling the OfS to exercise, any of the OfS’s functions (including making any other decision) is made “in the performance of its functions”.
67B Publication of decision to conduct or terminate investigation
(1) This section applies where under section 67A(1) the OfS publishes a decision to conduct an investigation.
(2) If the publication identifies a higher education provider or other body or individual whose activities are being, or to be, investigated, and—
(a) the OfS terminates the investigation without making any finding, or
(b) the findings of the investigation, so far as they relate to the higher education provider, body or individual, do not result in the OfS taking any further action,
the OfS must publish a notice stating that fact.
(3) Section 67C does not apply Neither section 67C nor paragraph 13 of Schedule 6A applies to the publication of the decision to conduct the investigation to the extent that it includes information other than—
(a) a statement of the OfS’s decision to conduct the investigation,
(b) a summary of the matter being, or to be, investigated, and
(c) a reference to the identity of any higher education provider or other body or individual whose activities are being, or to be, investigated.
(3A) In the application of this section to publication of a decision under the scheme provided by virtue of Schedule 6A (free speech complaints scheme)—
(a) references to an investigation (however expressed) are to a review of a free speech complaint under the scheme;
(b) for the purposes of subsection (2)(a), the OfS terminates an investigation without making a finding if it—
(i) does not make a decision as to whether a free speech complaint is justified because the complaint is withdrawn, or
(ii) dismisses a free speech complaint without considering its merits;
(c) for the purposes of subsection (2)(b), the findings of an investigation do not result in the OfS taking any further action only where—
(i) the OfS decide that a complaint is wholly not justified, or
(ii) the OfS decide that a complaint is justified (wholly or partly) but do not make any recommendations about the person about which the complaint is made.
(4) See section 67A(6) for the meaning of references to decisions.
(1) For the purposes of the law of defamation, publication by the OfS of any notice, decision or report given or made in the performance of its functions is privileged unless the publication is shown to have been made with malice.
This is subject to section 67B.
(2) See section 67A(6) for the meaning of references to decisions.
(3) This section does not apply to the publication of—
(a) a decision or recommendation made by the OfS under the scheme provided by virtue of Schedule 6A, or
(b) a report under paragraph 12(1)(b) of that Schedule.
(See instead paragraph 13 of Schedule 6A.)
68 Duty to monitor and report on financial sustainability
(1) The OfS must monitor the financial sustainability of the following registered higher education providers—
(a) those who are funded wholly or partly by a grant, loan or other payment from the OfS under section 39 or 40 (financial support for providers),
(b) those who are not so funded but are eligible to receive such funding under section 39 or 40, and
(c) those who provide higher education courses which are designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 (financial support for students) by or under regulations made under that section.
(2) The OfS must include in its annual report a financial sustainability summary for the financial year to which the report relates.
(3) “A financial sustainability summary” for a financial year is a summary of conclusions drawn by the OfS for that year, from its monitoring under subsection (1), regarding relevant patterns, trends or other matters which it has identified.
(4) Patterns, trends or other matters are “relevant” if—
(a) they relate to the financial sustainability of some or all of the registered higher education providers monitored under subsection (1), and
(b) the OfS considers that they are appropriate to be brought to the attention of the Secretary of State.
(5) In this section—
“annual report” means the annual report under paragraph 13 of Schedule 1;
“financial year” has the same meaning as in that Schedule (see paragraph 12(6)).
69 Studies for improving economy, efficiency and effectiveness
(1) The OfS may arrange for studies designed to improve economy, efficiency and effectiveness in the management or operations of a registered higher education provider to be promoted or carried out by a person.
(2) A person promoting or carrying out such studies at the request of the OfS (“a researcher”) may require the governing body of the provider concerned—
(a) to provide the researcher or an authorised person with such information as the researcher may reasonably require for that purpose, and
(b) to make available for inspection, to the researcher or an authorised person, their accounts and such other documents as the researcher may reasonably require for that purpose.
(3) “Authorised person” means a person authorised by the researcher.
69A General functions relating to freedom of speech and academic freedom
(1) The OfS must promote the importance of—
(a) freedom of speech within the law, and
(b) academic freedom for academic staff of registered higher education providers and their constituent institutions,
in the provision of higher education by registered higher education providers and their constituent institutions.
(2) The OfS may—
(a) identify good practice relating to how to support freedom of speech and academic freedom, and
(b) give advice about such practice to registered higher education providers and their constituent institutions.
(3) The Secretary of State may, by direction, require the OfS to report to the Secretary of State—
(a) in its annual report under paragraph 13 of Schedule 1, or
(b) in a special report,
on such matters relating to freedom of speech and academic freedom as may be specified in the direction.
(4) Where the Secretary of State is provided with a special report, the Secretary of State must lay it before Parliament.
(5) See paragraph 13 of Schedule 1 for the laying of the OfS’s annual reports.
69B Functions of the OfS in relation to students’ unions
(1) The OfS must monitor whether students’ unions to which sections A5 and A6 apply are complying with their duties under those sections.
(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).
(6) The OfS must maintain a list of the students’ unions to which, according to the information held by the OfS, sections A5 and A6 apply.
(7) The OfS must make the list maintained under subsection (6) publicly available by such means as it considers appropriate.
(8) A students’ union to which sections A5 and A6 apply must provide the OfS, or a person nominated by the OfS, with such information for the purposes of the performance of the OfS’s functions under this section as the OfS may require it to provide.
(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.