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In force since 2026-09-01, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Schedule 6A contains provision for a scheme for the making and investigation of complaints relating to the duties of registered higher education providers, their constituent institutions and students’ unions in respect of freedom of speech and academic freedom.
Propose a change(1) The OfS must monitor the overseas funding of registered higher education providers and their constituent institutions with a view to assessing the extent to which the funding presents a risk to the matters in subsection (2). (2) The matters are— (a) freedom of speech within the law, and (b) the academic freedom of 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. (3) The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a registered higher education provider or any constituent institution of a registered higher education provider is in breach of its duty under section A1, whether overseas funding was relevant to the breach. (4) The information which the governing body of a registered higher education provider may be required to provide under the condition under section 8(1)(b), in relation to the function of the OfS under subsection (1), is— (a) information as to relevant funding from a relevant overseas person, where the funding from that person exceeds the threshold in any period of 12 months specified by the OfS, and (b) if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require. (5) In this section “relevant funding” from a relevant overseas person, in relation to a registered higher education provider, means amounts which are received by the provider or a connected person— (a) by way of endowment, gift or donation from the relevant overseas person, (b) by way of research grant from the relevant overseas person, (c) pursuant to a research contract with the relevant overseas person, or (d) pursuant to an educational or commercial partnership with the relevant overseas person. (6) In subsection (5) “connected person”, in relation to a registered higher education provider, means— (a) the governing body of the provider, (b) a constituent institution of the provider, or (c) a member or member of staff of the provider or of a constituent institution, in their capacity as such. (7) For the purposes of subsection (5), treat receipt of anything that is not money as receipt of an amount equal to the value of the thing to the recipient at the time of receipt. (8) In this section “relevant overseas person” means— (a) the government of an overseas country, other than a prescribed country, (b) a body which is incorporated or registered in, or has its headquarters in, an overseas country other than a prescribed country, or (c) an individual who is a politically exposed person in relation to an overseas country other than a prescribed country. (9) In this section— “overseas country” means any country or territory outside the United Kingdom, but not including the Channel Islands, the Isle of Man and any British overseas territory; “politically exposed person” has the meaning given by regulation 35 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692); “prescribed country” means a country or territory specified in regulations made by the Secretary of State. (10) For the purposes of subsection (4)(a), “the threshold” means an amount specified in regulations made by the Secretary of State. (11) Regulations under subsection (10) may include provision— (a) as to how the amount specified is to be calculated; (b) to treat amounts received from a person other than a relevant overseas person as received from the relevant overseas person.
Propose a change(1) The OfS must monitor the overseas funding of students’ unions at registered higher education providers that are eligible for financial support with a view to assessing the extent to which the funding presents a risk to the matter in subsection (2). (2) The matter is freedom of speech within the law for— (a) members of the students’ unions, (b) students of the providers, (c) staff of the students’ unions, (d) staff and members of the providers and of their constituent institutions, and (e) visiting speakers. (3) The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a students’ union is in breach of its duty under section A5, whether overseas funding was relevant to the breach. (4) For the purpose of the function of the OfS under subsection (1), a students’ union referred to in that subsection must provide to the OfS at such times, and in respect of such periods, as the OfS may reasonably request— (a) information as to any amounts received from a relevant overseas person, where the amounts exceed the threshold in any period of 12 months specified by the OfS, and (b) if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require. (5) If a students’ union fails to comply with its duty under subsection (4), the OfS may enforce the duty in civil proceedings for an injunction. (6) The following provisions of section 69D apply for the purposes of this section— (a) subsection (7) (things other than money); (b) subsections (8) and (9) (meaning of “relevant overseas person”); (c) subsections (10) and (11) (meaning of “threshold”).
Propose a change(1) The OfS may, in accordance with regulations made by the Secretary of State, charge an institution either or both of the following— (a) a fee for its initial registration in the register; (b) a fee for its ongoing registration in the register for each period of twelve months. (2) The regulations may, in particular, make provision— (a) about the amounts which may be charged, including different amounts for different institutions; (b) about the charging of proportions of those amounts in certain circumstances; (c) about when a fee is payable, including about payment by instalments; (d) about the consequences of non-payment; (e) about notification of institutions of the fees payable, when they are payable and the consequences of non-payment; (f) about the recovery of fees and of costs in recovering those fees; (g) about the imposition of financial penalties for late payment of fees; (h) about rights of appeal in respect of the imposition of such penalties; (i) about the charging of interest; (j) about the waiving or refunding of fees. (3) The regulations may provide for the amounts of fees to be calculated by reference to costs incurred, or to be incurred, by the OfS in the performance of any of its functions (including costs unconnected with maintaining the register or with the institution in question). (4) Regulations under this section may be made only with the consent of the Treasury.
Propose a change(1) The OfS may, in accordance with regulations made by the Secretary of State, charge a fee for— (a) any activity undertaken by the OfS in the performance of its functions which is specified in the regulations; (b) any service provided by it in the performance of its functions which is specified in the regulations. (2) The regulations may, in particular, make provision— (a) about the persons required to pay the fees (“payees”); (b) about the amounts which may be charged, including different amounts for different payees; (c) about the charging of proportions of those amounts in certain circumstances; (d) about when a fee is payable, including about payment by instalments; (e) about the consequences of non-payment; (f) about notification of payees of the fees payable, when they are payable and the consequences of non-payment; (g) about the recovery of fees and of costs in recovering those fees; (h) about the imposition of financial penalties for late payment of fees; (i) about rights of appeal in respect of the imposition of such penalties; (j) about the charging of interest; (k) about the waiving or refunding of fees. (3) The regulations may provide for the amounts of fees to be calculated by reference to costs incurred by the OfS in the performance of the activity or service in question in relation to a person other than the payee. (4) If costs incurred by the OfS are costs by reference to which fees under section 70 are calculated as a result of regulations made under that section, fees calculated by reference to those costs may not be charged under this section. (5) Regulations under this section may be made only with the consent of the Treasury.
Propose a change(1) The OfS must pay its fee income to the Secretary of State except to the extent that the Secretary of State, with the consent of the Treasury, directs otherwise. (2) “Fee income” means the sums received by the OfS by way of— (a) fees charged under section 70 (registration fees) or 71 (other fees), or (b) costs recovered by virtue of regulations made under section 70(2)(f) or 71(2)(g). (3) The OfS must pay its other fee related income to the Secretary of State. (4) “Other fee related income” means the sums received by the OfS by way of— (a) penalties imposed by virtue of regulations made under section 70(2)(g) or 71(2)(h), or (b) interest charged by virtue of regulations made under section 70(2)(i) or 71(2)(j).
Propose a change(1) The OfS may, by notice, require the governing body of a provider a registered higher education provider, or a students’ union, in relation to which a sanction has been imposed to pay the costs incurred by the OfS in relation to imposing the sanction up to the date of notification. (1A) The OfS may, by notice, require the governing body of a registered higher education provider or of a constituent institution of such a provider, or a students’ union, in relation to which the OfS has decided under provision made by virtue of paragraph 6 of Schedule 6A that a free speech complaint is justified (wholly or partly), to pay the costs incurred by the OfS in relation to making the decision up to the date of notification. (2) The references in subsection (1) to imposing a sanction are to— (a) imposing a monetary penalty under section 15; (b) suspending a provider's registration under section 16; (c) removing a provider from the register under section 18. (3) “Costs” includes, in particular, investigation costs, administration costs and costs of obtaining expert advice (including legal advice). (4) In subsection (1), “the date of notification” means the date on which the OfS notified the provider of its decision— (a) in the case of a monetary penalty, under paragraph 2(5) of Schedule 3; (b) in the case of suspension, under section 17(5); (c) in the case of removal, under section 19(5). (4A) In subsection (1A), “the date of notification” means the date on which the OfS notified the provider, constituent institution or students’ union of its decision under provision made by virtue of paragraph 8 of Schedule 6A. (5) Schedule 7 contains provision about— (a) the procedure for imposing a requirement to pay costs, (b) rights of appeal, (c) the recovery of the amount required to be paid and interest, and (d) the retention of sums received.
Propose a change(1) The Secretary of State may make grants to the OfS of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate. (2) The terms and conditions under subsection (1) may, in particular, be framed by reference to particular courses of study. (3) But in determining the terms and conditions under subsection (1), the Secretary of State must have regard to the need to protect the institutional autonomy of English higher education providers and the academic freedom of academic staff at such providers. (4) The terms and conditions under subsection (1) must not relate to— (a) particular parts of courses of study, (b) the content of such courses, (c) the manner in which they are taught, supervised or assessed, (d) the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or (e) the criteria for the admission of students, or how they are applied. (5) Terms and conditions under subsection (1) framed by reference to a particular course of study must not require the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study. (6) Terms and conditions under subsection (1) relating to the provision of financial support by the OfS under section 39 or 40 (financial support for providers) may be imposed only if— (a) they are requirements to be met before financial support of a specified amount or of a specified description is given by the OfS in respect of activities carried on by an institution, and (b) they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided. (7) The terms and conditions under subsection (1) may, in particular— (a) enable the Secretary of State to require the repayment, in whole or in part, of sums paid by the Secretary of State if any of the terms and conditions subject to which the sums were paid is not complied with, and (b) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid. (8) In this section “specified” means specified in the terms and conditions.
Propose a change(1) The OfS must, from time to time, prepare and publish a regulatory framework. (2) The OfS must have regard to it when exercising its functions. (3) The regulatory framework is to consist of— (a) a statement of how it intends to perform its functions, ... (b) guidance for registered higher education providers on the general ongoing registration conditions, and (c) guidance for students’ unions to which sections A5 and A6 apply on their duties under those sections. (4) The statement under subsection (3)(a) must set out how the OfS intends to perform its functions in relation to a registered higher education provider in proportion to the OfS's assessment of the regulatory risk posed by the provider. (5) “Regulatory risk” means the risk of a breach of the provider's ongoing registration conditions. (6) Guidance under subsection (3)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general ongoing registration conditions. (7) The guidance under subsection (3)(b) may in particular specify— (a) descriptions of behaviour which the OfS considers compliant with, or not compliant with, a general ongoing registration condition; (b) factors which the OfS will take into account in determining whether or not behaviour is compliant with a general ongoing registration condition. (7A) Guidance under subsection (3)(c) must include guidance for the purpose of helping to determine whether or not students’ unions are complying with their duties under sections A5 and A6. (7B) The guidance under subsection (3)(c) may in particular specify— (a) what the OfS considers students’ unions need to do to comply with their duties under sections A5 and A6; (b) factors which the OfS will take into account in determining, for the purposes of section 69B, whether or not a students’ union is complying with its duties under those sections. (8) Before publishing a regulatory framework under this section the OfS 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, ... (ba) in relation to guidance under subsection (3)(c), such bodies appearing to the OfS to represent the interests of students’ unions as the OfS considers appropriate, and (c) such other persons as it considers appropriate. (9) Where a regulatory framework is published, the OfS must send a copy of it to the Secretary of State who must lay it before Parliament.
Propose a change(1) The Secretary of State may by regulations confer on the OfS such supplementary functions relating to higher education as the Secretary of State considers appropriate. (2) A “supplementary function” is a function which— (a) is exercisable for the purposes of— (i) the performance by the Secretary of State of the Secretary of State's functions under primary or secondary legislation, or (ii) the doing by the Secretary of State of anything the Secretary of State has power to do apart from such legislation, and (b) relates to, or to the activities of, an institution in England which provides, or may provide, higher education. (3) Subsection (4) applies where— (a) any land or other property is or was used or held for the purposes of an institution, and (b) the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event. (4) If the institution is an English higher education provider— (a) the Secretary of State may direct that all or any of the Secretary of State's functions in respect of the property are to be exercisable on the Secretary of State's behalf by the OfS, and (b) the functions are to be so exercised in accordance with such directions as the Secretary of State may give. (5) This section does not affect any other powers to confer functions on, or delegate functions to, the OfS.
Propose a change(1) The Secretary of State may by regulations give the OfS general directions about the performance of any of its functions. (2) In giving such directions, the Secretary of State must have regard to the need to protect the institutional autonomy of English higher education providers and the academic freedom of academic staff at such providers. (3) The directions may, in particular, be framed by reference to particular courses of study but, whether or not the directions are framed in that way, they must not relate to— (a) particular parts of courses of study, (b) the content of such courses, (c) the manner in which they are taught, supervised or assessed, (d) the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or (e) the criteria for the admission of students, or how they are applied. (4) Directions under subsection (1) framed by reference to a particular course of study must not direct the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study. (5) The Secretary of State may also by regulations give the OfS financial support directions in relation to a particular registered higher education provider. (6) Financial support directions may be given only if— (a) it appears to the Secretary of State that the financial affairs of the provider have been or are being mismanaged, and (b) the OfS and the provider are consulted by the Secretary of State before the directions are given. (7) “Financial support directions” are such directions about the provision of financial support under section 39 or 40 in respect of activities carried on by the provider as the Secretary of State considers necessary or expedient because of the mismanagement. (8) The OfS must comply with any directions given under this section.
Propose a change(1) The OfS must provide the Secretary of State with— (a) such information regarding any of its functions, or obtained in the performance of any of its functions, as the Secretary of State may require it to provide, and (b) such advice regarding any of its functions as the Secretary of State may require it to provide. (2) The OfS must provide information or advice under subsection (1) in such form as the Secretary of State may require.
Propose a change(1) The Secretary of State may, by notice, require a body within subsection (2) to provide such application-to-acceptance information as may be described in the notice for use for qualifying research. (2) A body is within this subsection if it provides services to one or more English higher education providers relating to applications for admission on to higher education courses provided by them. (3) “Application-to-acceptance information” means information relating to— (a) applying for admission on to higher education courses provided by English higher education providers (including predicted grades), (b) offers and rejections regarding which individuals are admitted on to those courses, or (c) the acceptance of such offers. (4) “Qualifying research” means— (a) research into the choices available to individuals who are— (i) applying for admission on to higher education courses provided by English higher education providers, or (ii) considering whether to accept an offer for admission on such a course from such a provider; (b) research into equality of opportunity; (c) research into any other topic approved by the Secretary of State. (5) The 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. (6) If a body fails to comply with a notice under subsection (1) and does not satisfy the Secretary of State that it is unable to provide the information, the Secretary of State may enforce the duty to comply with the notice in civil proceedings for an injunction or (in Scotland) an interdict. (7) In this section, “equality of opportunity” means equality of opportunity in connection with access to and participation in higher education provided by English higher education providers. (8) See section 80 regarding the use of information obtained under this section.
Propose a change(1) The Secretary of State may— (a) use information obtained under section 79 for use for qualifying research, and (b) provide information obtained under section 79 to an approved person for use for qualifying research. (2) The Secretary of State or an approved person may publish the product of research conducted using information obtained under section 79 so long as— (a) a purpose of the Secretary of State or the approved person in publishing it is to provide statistical information, (b) no individual to whom the information obtained under section 79 relates may be identified from the publication, and (c) the publication does not include information obtained under section 79 that may be regarded as commercially sensitive. (3) “Approved person” means— (a) a body approved by the Secretary of State for the purposes of this section that uses or disseminates information for the purpose of research (“an approved body”), or (b) an individual approved by the Secretary of State or an approved body for the purposes of this section (“an approved researcher”). (4) An approved body may provide information obtained under section 79 to an approved researcher, but an approved researcher may not provide that information to— (a) another approved researcher, or (b) another approved body. (5) The Secretary of State must publish guidance regarding factors that will be taken into account in deciding whether to approve a body or individual for the purposes of this section. (6) “Qualifying research” has the same meaning as in section 79.
Propose a changeThe Higher Education Funding Council for England ceases to exist.
Propose a changeThe office of Director of Fair Access to Higher Education ceases to exist.
Propose a change(1) In this Part— “English higher education provider” means a higher education provider whose activities are carried on, or principally carried on, in England; “higher education provider” means an institution which provides higher education; “institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution); “higher education” means education provided by means of a higher education course; “higher education course ” means— a course of any description mentioned in Schedule 6 to the Education Reform Act 1988, or a module of such a course, where it is undertaken otherwise than as part of that course; “training provider” means a person who provides training for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act). (2) In this Part— (a) “English further education provider” means an institution in England within the further education sector, and (b) references to an institution within the further education sector have the same meaning as in the Further and Higher Education Act 1992 (see section 91(3) of that Act). (3) In this Part references to a higher education course provided in England are to a higher education course which is provided wholly, or principally, in England. (4) In this Part references to an institution in a part of the United Kingdom are to an institution whose activities are carried on, or principally carried on, in that part. (5) Subsection (1) is subject to express provision to the contrary, see— (a) section 10(9) (mandatory fee limit condition for certain providers), (b) section 25(4) (rating the quality of, and the standards applied to, higher education), (c) section 32(5)(b) (content of an access and participation plan: equality of opportunity), and (d) section 38(5) and (6) (duty to monitor etc the provision of arrangements for student transfers).
Propose a change(1) The Secretary of State may, on the application of a provider of higher education within subsection (2), designate the provider for the purposes of this section. (2) A provider of higher education is within this subsection if— (a) it provides higher education, (b) its activities are carried on, or principally carried on, in England, and (c) but for the designation it would not be regarded as an institution for the purposes of this Part. (3) A provider of higher education designated under this section is, unless the designation is withdrawn, to be treated for the purposes of any provision made by or under this Part as being an institution. (4) The Secretary of State may, by regulations, make provision about— (a) the making of applications for designation; (b) the making of designations under this section (including provision about matters to be taken into account in determining whether to make a designation); (c) the withdrawal of a designation (including provision about matters to be taken into account in determining whether to withdraw a designation); (d) the effect of a withdrawal of a designation (including provision for a provider whose designation is withdrawn to continue to be treated as an institution for purposes prescribed in the regulations). (5) Subsection (3) is subject to any provision made under subsection (4)(d).
Propose a change(1) In this Part— “academic freedom” has the meaning given by subsection (6); “an access and participation plan condition” has the meaning given by section 12(3); “a fee limit condition” has the meaning given by section 10(2); “constituent institution”, in relation to a registered higher education provider, has the same meaning as in Part A1 (see section A4(4)); “foundation degree” has the meaning given by section 42(3); “foundation degree only authorisation” has the meaning given by section 42(3); “full course” means a higher education course that is not a module of another higher education course; references to freedom of speech have the same meaning as in Part A1 (see section A1(13)); “governing body”— in relation to a training provider who, but for the definition of “institution” in section 83(1), would not be regarded as an institution, means any persons responsible for the provider's management; in relation to a provider designated under section 84 means any persons responsible for the provider's management; in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992, but subject to any provision made by virtue of section 90(2) of that Act; “the institutional autonomy of English higher education providers” has the meaning given by section 2(8); “member”, in relation to a registered higher education provider or a constituent institution of such a provider, has the same meaning as in Part A1 (see sections A1(13) and A4(4)); “member”, in relation to a students’ union which is a representative body and not an association (see section 20(1)(b) of the Education Act 1994), means those whom it is the purpose of the union to represent, excluding any student who has signified that they do not wish to be represented by it; “module”, in relation to a course, includes anything that is a “module” in relation to that course for the purposes of section 22 of the Teaching and Higher Education Act 1998 (see, in particular, subsection (2ZA) of that section as treated as inserted by section 28A(1)(e) of that Act); “the register” has the meaning given by section 3(1); “registered higher education provider” has the meaning given by section 3(10); “registered higher education provider that is eligible for financial support” means a registered higher education provider that is an eligible higher education provider for the purposes of section 39; “registration” has the meaning given by section 3(10); “research award” has the meaning given by section 42(3); “sector-recognised standards” has the meaning given by section 13(3); “students’ union”, in relation to any institution, has the same meaning as it has in Part 2 of the Education Act 1994 in relation to establishments to which that Part applies (see section 20 of that Act); “taught award” has the meaning given by section 42(3). (1A) References in this Part to modules (except in relation to references to the full course of which the module forms part) are to modules which are— (a) modules of full courses, but (b) undertaken otherwise than as part of those courses. (2) In this Part, “fees” in relation to undertaking a course, means fees in respect of, or otherwise in connection with, undertaking the course, including admission, registration, tuition and graduation fees and fees payable for awarding or accrediting a qualification in respect of the course, but excluding— (a) fees payable for board or lodging, (b) fees payable for field trips (including any tuition element of such fees), (c) fees payable for attending any graduation or other ceremony, and (d) such other fees as may be prescribed by regulations made by the Secretary of State. (3) References in this Part to the ongoing registration conditions of a provider have the meaning given by section 3(8). (4) For the purposes of this Part an appeal is “pending” during the period— (a) beginning when it is instituted, and (b) ending when it is determined, withdrawn or abandoned. (5) When construing references in this Part to a time when an appeal could be brought, any possibility of an appeal out of time is to be ignored. (6) In this Part, “academic freedom”, in relation to academic staff at an institution, means their freedom within the law— (a) to question and test received wisdom, and (b) to put forward new ideas and controversial or unpopular opinions, without placing themselves at risk of being adversely affected in any of the ways described in subsection (7). (7) Those ways are— (a) loss of their jobs or privileges at the institution; (b) the likelihood of their securing promotion or different jobs at the institution being reduced.
Propose a change(1) Section 22 of the Teaching and Higher Education Act 1998 (power to give financial support for students) is amended as follows. (2) In subsection (2), after paragraph (a) insert— (aa) for the designation of a higher education course for the purposes of this section to be determined by reference to matters determined or published by the Office for Students or other persons (whether before or after the regulations are made); . (3) In subsection (2), after paragraph (f) insert— (fa) in the case of a grant under this section in connection with a higher education course, where a payment has been so suspended, for the cancellation of any entitlement to the payment in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations; . (4) After subsection (2), insert— (2A) The provision which may be made by virtue of subsection (2)(b) in respect of higher education courses includes provision prescribing the maximum amount by reference to matters determined or published by the Secretary of State or other persons (whether before or after the regulations are made). (5) In subsection (3), after paragraph (d) insert— (da) in the case of a loan under this section in connection with a higher education course, for the cancellation of the entitlement of a borrower to receive a sum under such a loan in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations where the payment of the sum has been suspended; .
Propose a change(1) Part 2 of the Higher Education Act 2004 (review of student complaints) is amended in accordance with subsections (2) to (5). (2) In section 11 (qualifying institutions for purposes of student complaints scheme)— (a) in the words before paragraph (a), omit “in England or Wales”, (b) in the opening words of paragraph (a)— (i) after “university” insert “ in England or Wales ”, and (ii) after “the 1992 Act” insert “ or section 39 or 93 of the Higher Education and Research Act 2017 (“the 2017 Act”) ”, (c) in paragraph (a)(iii), after “the 1992 Act” insert “ or section 42 or 45 of the 2017 Act ”, (d) in paragraph (b), after “institution” insert “ in England or Wales ”, (e) in paragraph (c), after “institution” insert “ in England or Wales ”, (f) in paragraph (d), at beginning insert “ an institution in Wales which is ”, (g) after paragraph (d), insert— (da) an institution in England which is a registered higher education provider as defined by section 85 of the 2017 Act (other than one within paragraph (a), (b), (c) or (d) of this section); , (h) in paragraph (e)— (i) after “institution” insert “ in England or Wales ”, and (ii) for “another paragraph” substitute “ any of the preceding paragraphs ”, (i) after paragraph (e), insert— (ea) an institution in England (other than one within any of the preceding paragraphs of this section) which provides higher education courses leading to the grant of an award by or on behalf of— (i) another institution in England within another paragraph of this section, or (ii) the Office for Students where the grant is authorised by regulations under section 51(1) of the 2017 Act; , and (j) in paragraph (f)— (i) after “institution” insert “ in England or Wales ”, and (ii) after “the 1992 Act” insert “ or section 42 or 45 of the 2017 Act ”. (3) In section 12(3) (qualifying complaints), for “paragraph (e)” substitute “ paragraph (da), (e), (ea) ”. (4) After section 20 insert— Institutions that cease to be qualifying institutions 20A (1) An institution that ceases to be a qualifying institution is a “transitional institution” during the shorter of— (a) the period of 12 months beginning with the day on which it ceases to be a qualifying institution, and (b) the period beginning with that day and ending when it becomes a qualifying institution again, (and the shorter period is referred to in this section as “the transitional period”). (2) For the purposes of this Part, a transitional institution is to be treated as continuing to be a qualifying institution during the transitional period, subject to subsection (3). (3) A complaint is not a qualifying complaint to the extent that it is about an act or omission of a transitional institution which occurred on or after the day on which the transitional period began. (4) In section 12(3) (power of designated operator to determine when certain complaints are qualifying complaints), the reference to a qualifying institution within paragraph (da), (e), (ea) or (f) of section 11 includes a transitional institution that was a qualifying institution within the paragraph in question immediately before the beginning of the transitional period. (5) In section 21 (interpretation of Part 2)— (a) number the existing text as subsection (1), (b) in that subsection, omit the definition of “governing body”, (c) in that subsection, after the definition of “higher education corporation” insert— “institution” includes a training provider in England who would not otherwise be regarded as an institution; , (d) in that subsection, at the end insert— “training provider” means a person who provides training for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act). , and (e) after that subsection, insert— (2) In this Part “governing body”— (a) in relation to a training provider in England who, but for the definition of “institution” in subsection (1), would not be regarded as an institution, means any persons responsible for the provider's management; (b) in relation to a provider of higher education designated under section 84 of the Higher Education and Research Act 2017, means any persons responsible for the provider's management; (c) in relation to any other institution, has the meaning given by section 90(1) of the 1992 Act, but subject to any provision made by virtue of section 90(2) of that Act. (6) In section 118(8) of the Equality Act 2010 (time limits), in the definition of “qualifying institution”, at the end insert “ , and includes an institution which is treated as continuing to be a qualifying institution for the purposes of Part 2 of that Act (see section 20A(2) of that Act) ”. (7) In section 32(1) of the Counter-Terrorism and Security Act 2015 (monitoring of performance: further and higher education bodies), in paragraph (a) of the definition of “relevant higher education body”, after “2004” insert “ , disregarding paragraphs (da) and (ea) of that section and the definition of “institution” in section 21(1) of that Act ”.
Propose a changeSchedule 8 contains provision about higher education corporations in England.
Propose a change(1) A body corporate called United Kingdom Research and Innovation or, in Welsh, Ymchwil ac Arloesedd y Deyrnas Unedig, is established. (2) In this Act that body is referred to as “UKRI”. (3) Section 92 and Schedule 9 contain further provision about UKRI.
Propose a change(1) UKRI is to have the following committees (referred to in this Part as the “Councils”)— (a) the Arts and Humanities Research Council, (b) the Biotechnology and Biological Sciences Research Council, (c) the Economic and Social Research Council, (d) the Engineering and Physical Sciences Research Council, (e) the Medical Research Council, (f) the Natural Environment Research Council, (g) the Science and Technology Facilities Council, (h) Innovate UK, and (i) Research England. (2) The Secretary of State may by regulations amend subsection (1) so as to— (a) add or omit a Council, or (b) change the name of a Council. (3) But the regulations may not omit, or change the name of, Innovate UK or Research England. (4) Before making regulations under subsection (2), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (5) UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons. (6) In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.
Propose a change(1) UKRI may— (a) carry out research into science, technology, humanities and new ideas, (b) facilitate, encourage and support research into science, technology, humanities and new ideas, (c) facilitate, encourage and support the development and exploitation of science, technology, new ideas and advancements in humanities, (d) facilitate, encourage and support knowledge exchange in relation to science, technology, humanities and new ideas, (e) collect, disseminate and advance knowledge in and in connection with science, technology, humanities and new ideas, (f) promote awareness and understanding of science, technology, humanities and new ideas, (g) provide advice on any matter relating to any of its functions, and (h) promote awareness and understanding of its activities. (2) The activities which UKRI may carry out in, or in connection with, exercising a function conferred by subsection (1) are not restricted to the United Kingdom. (3) The functions conferred by subsection (1)(a) to (f) include, in particular, power to encourage and support the provision of postgraduate training in science, technology, humanities and new ideas. (4) For the purposes of this Part, “knowledge exchange”, in relation to science, technology, humanities or new ideas, means a process or other activity by which knowledge is exchanged where— (a) the knowledge is in, or in connection with, science, technology, humanities or new ideas (as the case may be), and (b) the exchange contributes, or is likely to contribute, (whether directly or indirectly) to an economic or social benefit in the United Kingdom or elsewhere. (5) Section 94 makes further provision about the giving of financial support under this section. (6) Sections 95 to 98 provide for UKRI to make arrangements for the exercise of functions by the Councils on UKRI's behalf.
Propose a change(1) The power of UKRI under section 93 to give financial support includes, in particular, power to make grants, loans or other payments. (2) Financial support may be given by UKRI under that section on such terms and conditions as UKRI considers appropriate. (3) The terms and conditions may, in particular— (a) enable UKRI to require the repayment, in whole or in part, of sums paid by UKRI 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 UKRI in accordance with any of the terms and conditions remains unpaid, and (c) require a person to whom financial support is given to provide UKRI with any information it requests for the purpose of the exercise of any of its functions. (4) In exercising the power under section 93 to give financial support to any person, UKRI must have regard to the desirability of not discouraging the person from maintaining or developing funding from other sources.
Propose a change(1) UKRI must arrange for the Council listed in the first column of the following table to exercise such functions of UKRI in respect of the field of activity listed in the corresponding entry in the second column of the table as UKRI may determine. Council | Field of activity Arts and Humanities Research Council | Arts and humanities Biotechnology and Biological Sciences Research Council | Biotechnology and biological sciences Economic and Social Research Council | Social sciences Engineering and Physical Sciences Research Council | Engineering and physical sciences Medical Research Council | Medicine and biomedicine aimed at improving human health Natural Environment Research Council | Environmental and related sciences Science and Technology Facilities Council | Astronomy, particle physics, space science, nuclear physics and provision and operation of research facilities in relation to any area of activity specified in this column (2) Arrangements under this section may, in particular, provide for the exercise by the Council concerned of UKRI's functions under paragraph 8(1) and (2) of Schedule 9 in relation to relevant specialist employees. (3) A “relevant specialist employee”, in relation to a Council, means— (a) a researcher or scientist employed by UKRI to work in the Council's field of activity (see the table in subsection (1)), or (b) a person who has knowledge, experience or specialist skills which is or are relevant to the Council's field of activity and is employed by UKRI to work in that field of activity. (4) Arrangements under this section must require the Council concerned, when exercising any function to which the arrangements relate, to have regard to the desirability of— (a) contributing (whether directly or indirectly) to economic growth, or an economic benefit, in the United Kingdom, (b) advancing knowledge (whether in the United Kingdom or elsewhere and whether directly or indirectly) in, or in connection with, science, technology, humanities or new ideas, and (c) improving quality of life (whether in the United Kingdom or elsewhere). (5) The Secretary of State may by regulations— (a) amend the first column of the table in subsection (1) in consequence of provision made by regulations under section 92; (b) amend the second column of that table. (6) Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) UKRI must, if requested to do so by the Secretary of State, carry out such a consultation, on behalf of the Secretary of State, of such persons. (8) In such a case, UKRI must carry out the consultation in accordance with such directions as the Secretary of State may give.
Propose a change(1) UKRI must arrange for Innovate UK to exercise such functions of UKRI as UKRI may determine for the purpose of increasing economic growth in the United Kingdom. (2) But arrangements may not be made under this section for the exercise by Innovate UK of UKRI's function mentioned in section 93(1)(a). (3) Arrangements under this section must require Innovate UK, when exercising any function to which the arrangements relate, to have regard to— (a) the need to support (directly or indirectly) persons engaged in business activities in the United Kingdom, (b) the need to promote innovation by persons carrying on business in the United Kingdom, and (c) the desirability of improving quality of life in the United Kingdom.
Propose a change(1) UKRI must arrange for Research England to exercise such functions of UKRI as UKRI may determine for the purpose of giving financial support within subsection (2) or (3). (2) Financial support is within this subsection if it is given to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider for the purposes of either or both of the following— (a) the undertaking of research into, or knowledge exchange in relation to, science, technology, humanities or new ideas by the provider; (b) the provision of facilities, or the carrying out of other activities, by the provider which its governing body considers it is necessary or desirable to provide or carry out for the purposes of, or in connection with, research into, or knowledge exchange in relation to, science, technology, humanities or new ideas. (3) Financial support is within this subsection if it is given 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— (a) the undertaking of research into science, technology, humanities or new ideas by eligible higher education providers receiving financial support which is within subsection (2), or (b) the undertaking of knowledge exchange in relation to science, technology, humanities or new ideas by eligible education providers receiving such financial support. (4) Arrangements under this section must require Research England, when exercising a function for the purpose of giving financial support, to consult such persons as Research England considers appropriate before determining any terms and conditions to be imposed in relation to the financial support. (5) “Eligible higher education provider” has the same meaning as in section 39.
Propose a change(1) UKRI may arrange for any Council to exercise such other functions of UKRI as UKRI may determine in addition to those exercisable by the Council pursuant to arrangements under section 95, 96 or 97 (as the case may be). (2) Arrangements under subsection (1) may result in a function of UKRI being exercisable by more than one Council. (3) A function of UKRI which is exercisable by a Council on UKRI's behalf pursuant to arrangements under sections 95 to 97 or subsection (1) may also be exercised by UKRI. (4) Arrangements under sections 95 to 97 or subsection (1) must require the Council concerned to provide UKRI with such advice or information about the exercise of any function to which the arrangements relate as UKRI may require it to provide.
Propose a change(1) UKRI must— (a) if requested to do so by the Secretary of State, prepare a strategy for the exercise of its functions during the period specified in the request, and (b) submit the strategy to the Secretary of State for approval. (2) A strategy under subsection (1) is referred to in this Part as a “research and innovation strategy”. (3) A research and innovation strategy must specify— (a) the period before the end of which each Council must submit a strategic delivery plan to UKRI under section 100, and (b) the period to which such a plan must relate. (4) The Secretary of State may approve a research and innovation strategy with or without modifications. (5) UKRI must publish a research and innovation strategy approved under this section in such manner as the Secretary of State may require it to be published.
Propose a change(1) This section applies where UKRI publishes a research and innovation strategy under section 99. (2) UKRI must arrange for each Council to— (a) prepare a strategic delivery plan for the period specified in the strategy by virtue of section 99(3)(b), and (b) submit it to UKRI for approval. (3) The strategic delivery plan must be submitted before the end of the period specified in the strategy by virtue of section 99(3)(a). (4) A strategic delivery plan is a plan setting out the Council's proposals for the exercise by the Council, during the period to which the plan relates, of functions of UKRI pursuant to arrangements under sections 95 to 98. (5) UKRI may approve a strategic delivery plan with or without modifications. (6) UKRI must publish a strategic delivery plan approved under this section in such manner as the Secretary of State may require it to be published. (7) Arrangements under sections 95 to 98 must require the Council concerned, when exercising any function to which the arrangements relate, to do so in accordance with any relevant strategic delivery plan. (8) A strategic delivery plan is a “relevant strategic delivery plan” for the purposes of subsection (7) if— (a) it was prepared by the Council concerned and has been approved under this section, and (b) it relates to the period during which the function concerned is being exercised.
Propose a change(1) The Secretary of State may make grants to UKRI of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate. (2) Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, terms and conditions under subsection (1) in respect of those functions may be imposed only if— (a) they are requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and (b) they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided. (3) Where a grant is made in respect of functions exercisable by Research England pursuant to arrangements under section 97, any terms and conditions under subsection (1) in respect of those functions may not be framed by reference to— (a) particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or (b) the criteria for the selection and appointment of academic staff and for the admission of students. (4) Terms and conditions under subsection (1) may, in particular— (a) provide for the allocation of the whole or a part of the grant to a particular Council and for subsequent changes in that allocation, (b) enable the Secretary of State to require the repayment, in whole or in part, of sums paid by the Secretary of State if any of the terms and conditions subject to which the sums were paid is not complied with, and (c) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid. (5) Where the Secretary of State makes a grant to UKRI under subsection (1), the Secretary of State must publish— (a) the amount of the grant, and (b) if the terms and conditions of the grant allocate the whole or a part of that amount to a particular Council— (i) the name of the Council, and (ii) the amount of the grant which is so allocated to it. (6) In this section “specified” means specified in the terms and conditions.
Propose a change(1) The Secretary of State may give UKRI directions about the allocation or expenditure by UKRI of grants received under section 101. (2) The Secretary of State may give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97, only if— (a) it relates to requirements to be met before financial support of a specified amount or of a specified description is given by Research England in respect of activities carried out by an institution, and (b) it relates to every institution, or every institution within a specified description, in respect of whose activities that support may be provided. (3) The Secretary of State may not give a direction under this section in respect of functions exercisable by Research England pursuant to arrangements under section 97 which is framed by reference to— (a) particular courses of study or programmes of research (including the contents of courses or programmes and the manner in which they are taught, supervised or assessed), or (b) the criteria for the selection and appointment of academic staff and for the admission of students. (4) UKRI must comply with any directions given under this section. (5) In this section “specified” means specified in the direction.
Propose a change(1) The Secretary of State must have regard to the matters mentioned in subsection (2) when— (a) deciding to make a grant under section 101, (b) determining any terms and conditions of a grant under that section, or (c) giving a direction under section 102. (2) The matters are— (a) the Haldane principle, where the grant or direction mentioned in subsection (1) is in respect of functions exercisable by one or more of the Councils mentioned in section 95(1) pursuant to arrangements under that section, (b) the balanced funding principle, in any case, and (c) any advice provided to the Secretary of State by UKRI about the allocation of funding in relation to its functions. (3) The “Haldane principle” is the principle that decisions on individual research proposals are best taken following an evaluation of the quality and likely impact of the proposals (such as a peer review process). (4) The “balanced funding principle” is the principle that it is necessary to ensure that a reasonable balance is achieved in the allocation of funding as between— (a) functions exercisable by the Councils mentioned in section 95(1) pursuant to arrangements under that section, and (b) functions exercisable by Research England pursuant to arrangements under section 97.
Propose a change(1) In exercising its functions, UKRI must have regard to the need to use its resources in the most efficient, effective and economic way. (2) In exercising its functions, including its duty under subsection (1), UKRI must have regard to guidance given to it by the Secretary of State.
Propose a change(1) UKRI must provide the Secretary of State with— (a) such information regarding any of its functions, or obtained in the exercise of any of its functions, as the Secretary of State may require it to provide, and (b) such advice regarding any of its functions as the Secretary of State may require it to provide. (2) UKRI must provide information or advice under subsection (1) in such form as the Secretary of State may require it to be provided.
Propose a change(1) UKRI may arrange for studies falling within subsection (2) to be promoted or carried out by a person. (2) Studies fall within this subsection if they are designed to improve economy, efficiency and effectiveness in carrying out activities in respect of which UKRI gives financial support. (3) A person promoting or carrying out such studies at the request of UKRI (“a researcher”) may require the person carrying out the activities— (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. (4) “Authorised person” means a person authorised by the researcher.
Propose a change(1) UKRI may, in connection with any of its functions, provide research services to a person (whether or not in the United Kingdom). (2) The following are “research services”— (a) undertaking research into science, technology, humanities or new ideas; (b) making facilities available for the undertaking of such research by another person; (c) the carrying out of any other activity for the purposes of, or in connection with, the undertaking of such research. (3) Research services provided by virtue of this section may be provided subject to such terms and conditions as UKRI considers appropriate. (4) UKRI may charge for research services provided by virtue of this section.
Propose a changeUKRI must, if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field of activity connected to its functions.
Propose a change