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Higher Education and Research Act 2017 2017 c. 29 An Act to make provision about higher education and research; and to make provision about alternative payments to students in higher or further education. [27th April 2017] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2). (2) That objective is securing freedom of speech within the law for— (a) staff of the provider, (b) members of the provider, (c) students of the provider, and (d) visiting speakers. (3) The objective in subsection (2) includes securing that— (a) the use of any premises of the provider is not denied to any individual or body on grounds specified in subsection (4), and (b) the terms on which such premises are provided are not to any extent based on such grounds. (4) The grounds referred to in subsection (3)(a) and (b) are— (a) in relation to an individual, their ideas or opinions; (b) in relation to a body, its policy or objectives or the ideas or opinions of any of its members. (5) The objective in subsection (2), so far as relating to academic staff, includes securing their academic freedom. (6) In this Part, “academic freedom”, in relation to academic staff at a registered higher education provider, 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 provider; (b) the likelihood of their securing promotion or different jobs at the provider being reduced. (8) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (9). (9) That objective is securing that, where a person applies to become a member of academic staff of the provider, the person is not adversely affected in relation to the application because they have exercised their freedom within the law to do the things referred to in subsection (6)(a) and (b). (10) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that, apart from in exceptional circumstances, use of its premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises. (11) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that the provider does not enter into a non-disclosure agreement with a person referred to in that subsection in relation to a relevant complaint made to the provider by the person (and if such a non-disclosure agreement is entered into it is void). (12) In subsection (11)— “non-disclosure agreement” means an agreement which purports to any extent to preclude the person from— publishing information about the relevant complaint, or disclosing information about the relevant complaint to any one or more other persons; “relevant complaint” means a complaint relating to misconduct or alleged misconduct by any person; “misconduct” means— sexual abuse, sexual harassment or sexual misconduct, and bullying or harassment not falling within paragraph (a). (13) In this Part— references to freedom of speech are to the freedom to impart ideas, opinions or information (referred to in Article 10(1) of the Convention as it has effect for the purposes of the Human Rights Act 1998) by means of speech, writing or images (including in electronic form); “the Convention” has the meaning given by section 21(1) of the Human Rights Act 1998; “member”, in relation to a registered higher education provider, does not include a person who is a member of the provider solely because of having been a student of the provider; “registered higher education provider” and “governing body”, in relation to such a provider, have the same meanings as in Part 1 of this Act.
Propose a change(1) The governing body of a registered higher education provider must, with a view to facilitating the discharge of the duties in section A1(1) and (10), maintain a code of practice setting out the matters referred to in subsection (2). (2) Those matters are— (a) the provider’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech, (b) the procedures to be followed by staff and students of the provider and any students’ union for students at the provider in connection with the organisation of— (i) meetings which are to be held on the provider’s premises and which fall within any class of meeting specified in the code, and (ii) other activities which are to take place on those premises and which fall within any class of activity so specified, (c) the conduct required of such persons in connection with any such meeting or activity, and (d) the criteria to be used by the provider in making decisions about whether to allow the use of premises and on what terms (which must include its criteria for determining whether there are exceptional circumstances for the purposes of section A1(10)). (3) The code of practice may deal with such other matters as the governing body considers appropriate. (4) The governing body of a registered higher education provider must take the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its code of practice. (5) The governing body of a registered higher education provider must, at least once a year, bring— (a) the provisions of section A1, and (b) its code of practice under this section, to the attention of all of its students.
Propose a changeThe governing body of a registered higher education provider 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.
Propose a change(1) Sections A1 to A3 apply in relation to the governing body of a constituent institution of a registered higher education provider as they apply in relation to the governing body of the provider. (2) Accordingly, in the application of those sections by virtue of subsection (1), references to “the provider” are to be read as references to the constituent institution. (3) The duties of the governing body of a constituent institution of a registered higher education provider under sections A1 to A3 do not affect the application of any initial or ongoing registration conditions imposed on the provider under Part 1 of this Act. (4) In this Part— “constituent institution”, in relation to a registered higher education provider, means any constituent college, school, hall or other institution of the provider; “governing body”, in relation to a constituent institution of a registered higher education provider, has the same meaning as in Part 1 of this Act; “member”, in relation to a constituent institution of a registered higher education provider, does not include a person who is a member of the institution solely because of having been a student of the institution.
Propose a change(1) A students’ union for students at a registered higher education provider that is eligible for financial support must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2). (2) That objective is securing freedom of speech within the law for— (a) members of the students’ union, (b) students of the provider, (c) staff of the students’ union, (d) staff and members of the provider and of its constituent institutions, and (e) visiting speakers. (3) The objective in subsection (2) includes securing that— (a) the use of any premises occupied by the students’ union is not denied to any individual or body on grounds specified in subsection (4), (b) the terms on which such premises are provided are not to any extent based on such grounds, and (c) affiliation to the students’ union is not denied to any student society on grounds specified in subsection (4)(b). (4) The grounds referred to in subsection (3) are— (a) in relation to an individual, their ideas or opinions; (b) in relation to a society or other body, its policy or objectives or the ideas or opinions of any of its members. (5) In order to achieve the objective in subsection (2), a students’ union for students at a registered higher education provider that is eligible for financial support must secure that, apart from in exceptional circumstances, use by any individual or body of premises occupied by the students’ union is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises. (6) In this Part— “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; “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; “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). (7) In this Part, references to a students’ union for students at a registered higher education provider that is eligible for financial support do not include a students’ union for students at a constituent institution of such a provider.
Propose a change(1) A students’ union to which section A5 applies must, with a view to facilitating the discharge of its duties under that section, maintain a code of practice setting out the matters referred to in subsection (2). (2) Those matters are— (a) the students’ union’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech, (b) the procedures to be followed by its staff and its members who are students of the registered higher education provider referred to in section A5(1) in connection with the organisation of— (i) meetings which are to be held on the premises occupied by the students’ union and which fall within any class of meeting specified in the code, and (ii) other activities which are to take place on those premises and which fall within any class of activity so specified, (c) the conduct required of such persons in connection with any such meeting or activity, and (d) the criteria to be used by the students’ union in making decisions about— (i) the union’s support and funding for events and activities to which the duties in section A5 are relevant, and (ii) whether to allow the use of premises and on what terms (which must include its criteria for determining whether there are exceptional circumstances for the purposes of section A5(5)). (3) The code of practice may deal with such other matters as the students’ union considers appropriate. (4) A students’ union to which section A5 applies must take the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its code of practice. (5) A students’ union to which section A5 applies must, at least once a year, bring— (a) the provisions of section A5, and (b) its code of practice under this section, to the attention of all of its members who are students of the provider.
Propose a change(1) A body corporate called the Office for Students is established. (2) In this Act that body is referred to as “the OfS”. (3) Schedule 1 contains further provision about the OfS.
Propose a change(1) In performing its functions, the OfS must have regard to— (a) the need to protect the institutional autonomy of English higher education providers, (aa) the need to promote the importance of freedom of speech within the law in the provision of higher education by English higher education providers, (ab) the need to protect the academic freedom of academic staff at English higher education providers, (b) the need to promote quality, and greater choice and opportunities for students, in the provision of higher education by English higher education providers, (c) the need to encourage competition between English higher education providers in connection with the provision of higher education where that competition is in the interests of students and employers, while also having regard to the benefits for students and employers resulting from collaboration between such providers, (d) the need to promote value for money in the provision of higher education by English higher education providers, (e) the need to promote equality of opportunity in connection with access to and participation in higher education provided by English higher education providers, (f) the need to use the OfS's resources in an efficient, effective and economic way, and (g) so far as relevant, the principles of best regulatory practice, including the principles that regulatory activities should be— (i) transparent, accountable, proportionate and consistent, and (ii) targeted only at cases in which action is needed. (2) The reference in subsection (1)(b) to choice in the provision of higher education by English higher education providers includes choice amongst a diverse range of— (a) types of provider, (b) higher education courses, and (c) means by which they are provided (for example, full-time or part-time study, distance learning or accelerated courses). (3) In performing its functions, including its duties under subsection (1), the OfS must have regard to guidance given to it by the Secretary of State. (4) In giving such guidance, 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. (5) The guidance may, in particular, be framed by reference to particular courses of study but, whether or not the guidance is framed in that way, it 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. (6) Guidance framed by reference to a particular course of study must not guide the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study. (7) Guidance given by the Secretary of State to the OfS which relates to English higher education providers must apply to such providers generally or to a description of such providers. (8) In this Part, “the institutional autonomy of English higher education providers” means— (a) the freedom of English higher education providers within the law to conduct their day to day management in an effective and competent way, and (b) the freedom of English higher education providers— (i) to determine the content of particular courses and the manner in which they are taught, supervised and assessed, (ii) to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and (iii) to determine the criteria for the admission of students and apply those criteria in particular cases, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The OfS must establish and maintain a register of English higher education providers (referred to in this Part as “the register”). (2) The register may be divided by the OfS into different parts representing such different categories of registration as the OfS may determine. (3) The OfS must register an institution in the register (or, where it has been divided into parts, in a particular part of the register) if— (a) its governing body applies for it to be registered in the register (or in that part), (b) it is, or intends to become, an English higher education provider, (c) it satisfies the initial registration conditions applicable to it in respect of the registration sought (see section 5), and (d) the application complies with any requirements imposed under subsection (5). (4) The OfS may not otherwise register an institution in the register. (5) The OfS may determine— (a) the form of an application for registration in the register (or in a particular part of the register), (b) the information to be contained in it or provided with it, and (c) the manner in which an application is to be submitted. (6) The Secretary of State may by regulations make provision about the information which must be contained in an institution's entry in the register. (7) Once registered, an institution's ongoing registration is subject to satisfying— (a) the general ongoing registration conditions applicable to it at the time of its registration and as they may be later revised (see section 5), and (b) the specific ongoing registration conditions (if any) imposed on it at the time of its registration and as they may be later varied (see section 6). (8) References in this Part to the ongoing registration conditions of an institution are to the conditions mentioned in subsection (7)(a) and (b). (9) The OfS must make the information contained in the register, and the information previously contained in it, publicly available by such means as it considers appropriate. (10) In this Part— (a) a “registered higher education provider” means an institution which is registered in the register, and (b) references to “registration” are to be read accordingly.
Propose a change(1) Before refusing an application to register an institution, 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 refuse to register the institution, (b) specify the period during which the governing body of the institution 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 register it in the register. (5) Having decided whether or not to register the institution, the OfS must notify the governing body of the institution of its decision. (6) Where the decision is to register the institution, the notice must— (a) specify the date of entry in the register, and (b) specify the ongoing registration conditions of the institution at that time. (7) Where the decision is to refuse to register the institution, the notice must contain information as to the grounds for the refusal.
Propose a change(1) The OfS must determine and publish— (a) the initial registration conditions, and (b) the general ongoing registration conditions. (2) Different conditions may be determined— (a) for different descriptions of provider; (b) for registration in different parts of the register. (3) The OfS may revise the conditions. (4) If the OfS revises the conditions, it must publish them as revised. (5) Before determining or revising the conditions, the OfS must, if it appears to it appropriate to do so, consult bodies representing the interests of English higher education providers which appear to the OfS to be concerned. (6) The OfS may, at the time of an institution's registration or later, decide that a particular general ongoing registration condition is not applicable to it. (7) Where the decision is made after the institution's registration, the OfS must notify the governing body of the institution of its decision.
Propose a change(1) The OfS may, at the time of an institution's registration or later, impose such conditions on its registration as the OfS may determine (“the specific ongoing registration conditions”). (2) The OfS may at any time vary or remove a specific ongoing registration condition. (3) Before— (a) varying or removing a specific ongoing registration condition on an institution's registration, or (b) imposing a new specific ongoing registration condition on its registration, the OfS must notify the governing body of the institution of its intention to do so. (4) 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 of the institution may make representations about the proposal (“the specified period”), and (c) specify the way in which those representations may be made. (5) The specified period must not be less than 28 days beginning with the date on which the notice is received. (6) 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. (7) Having decided whether or not to take the step in question, the OfS must notify the governing body of the institution of its decision. (8) If the OfS decides to vary or remove a specific ongoing registration condition or impose a new specific ongoing registration condition, the notice must— (a) specify the condition (as varied), the condition being removed or the new condition (as the case may be), and (b) specify the date when the variation, removal or imposition takes effect. (9) For the purposes of this section, a specific ongoing registration condition is “new” if it is imposed otherwise than at the time of the institution's registration.
Propose a change(1) The OfS must ensure that the initial registration conditions applicable to an institution and its ongoing registration conditions are proportionate to the OfS's assessment of the regulatory risk posed by the institution. (2) “Regulatory risk” means the risk of the institution, when it is registered, failing to comply with regulation by the OfS. (3) In light of its duty under subsection (1), the OfS must keep the initial registration conditions applicable to an institution and its ongoing registration conditions under review.
Propose a change(1) The OfS must ensure that the ongoing registration conditions of each registered higher education provider include— (a) a condition that requires the governing body of the provider to notify the OfS of any change of which it becomes aware which affects the accuracy of the information contained in the provider's entry in the register, (b) a condition that requires the governing body of the provider to provide the OfS, or a person nominated by the OfS, with such information for the purposes of the performance of the OfS's functions as the OfS may require it to provide, and (c) a condition that requires the governing body of the provider to provide a designated body with such information for the purposes of the performance of its duties under sections 64(1) and 65(1) (compiling, making available and publishing higher education information) as the designated body may require it to provide. (2) In subsection (1)(c), “designated body” means a body for the time being designated under Schedule 6.
Propose a change(1) The OfS must ensure that the ongoing registration conditions of each registered higher education provider of a prescribed description include a transparency condition. (2) A transparency condition is a condition that requires the governing body of a registered higher education provider to provide to the OfS, and publish, such information as the OfS requests in relation to one or more of the following— (a) the number of applications for admission on to higher education courses that the provider has received; (b) the number of offers made by the provider in relation to those applications; (c) the number of those offers that were accepted; (d) the number of students who accepted those offers that completed their course with the provider; (e) the number of students who attained a particular degree or other academic award, or a particular level of such an award, on completion of their course with the provider. (3) The information which the OfS may request in relation to the numbers mentioned in subsection (2) includes those numbers by reference to one or more of the following— (a) the gender of the individuals to which they relate; (b) their ethnicity; (c) their socio-economic background. (3A) The OfS must not request information relating to modules of full courses by virtue of a transparency condition more frequently than it requests information relating to full courses by virtue of the condition. (4) “Prescribed” means prescribed by regulations made by the Secretary of State for the purposes of this section.
Propose a change(1) The OfS must ensure that the ongoing registration conditions of each registered higher education provider of a prescribed description include a fee limit condition. (2) In this Part, “a fee limit condition” means a condition that requires the governing body of the provider to secure that regulated course fees do not exceed the fee limit. (3) “Regulated course fees” are fees payable to the provider by a qualifying person— (a) in connection with his or her undertaking a qualifying course, and (b) in respect of so much of the course as is undertaken during a regulated course year of that course. (3A) The reference in subsection (3) to fees payable to the provider includes fees payable to any other institution or person who, under arrangements with the provider, participates in the provision of the qualifying course. (4) A “qualifying person” means a person who— (a) is not an international student, and (b) is within a prescribed description of persons. (5) An “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. (6) A “qualifying course” means a higher education course of a prescribed description. (6A) A module that falls within a description prescribed under subsection (6) is not to be treated as a qualifying course in relation to a course year of the module if— (a) the fee limit applicable to the course year would be determined by the credit-based method (see paragraph 1 of Schedule 2), but (b) credits are not to be regarded as attached to the course year for the purposes of paragraphs 1D and 1E of Schedule 2. (7) The power to prescribe descriptions of higher education course under subsection (6) may not be exercised in such a way as to discriminate— (a) in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, and (b) in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate. (7A) Subsection (7) does not prevent regulations under subsection (6) from treating courses differently according to whether, or how, regulations under section 22 of the Teaching and Higher Education Act 1998 apply in relation to them. (7B) A “course year”, in relation to a qualifying course, means— (a) the period of 12 months beginning with the first day of the month in which the course begins, and (b) each subsequent period of 12 months (if any) in which part of the course is undertaken; and a course year is a “regulated course year” if it begins at the same time as, or while, the provider of the course is registered in the register. (7C) Regulated course fees “exceed the fee limit” if they exceed the fee limit applicable to the regulated course year in question (see subsection (3)(b)). (8) The OfS has no power, apart from this section, to limit the fees payable to an English higher education provider. (9) In this section— “higher education course” does not include any postgraduate course other than a course of initial teacher training; “prescribed” means prescribed by regulations made by the Secretary of State for the purposes of this section. (10) Schedule 2 contains provision about determining “the fee limit”; see section 85(2) for the meaning of “fees”.
Propose a change(1) The OfS must publish in each year a list of— (a) the registered higher education providers who have a fee limit condition as an ongoing registration condition, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) The list must include the following information— (a) in respect of each provider on the list, the qualifying courses that the OfS expects the provider to provide in the calendar year after that in which the list is published (“the next calendar year”), (b) in respect of each such course, whether the fee limit applicable to a course year beginning in the next calendar year will be determined by the credit-based method or the fixed method, (c) in respect of each such course for which the credit-based method will be used, what the applicable per-credit limit or limits will be in respect of a course year beginning in the next calendar year, and (d) in respect of each such course for which the fixed method will be used, what the fixed limit will be in respect of a course year beginning in the next calendar year. (1B) In subsection (1A)(c), “the applicable per-credit limit or limits” means— (a) if the course year is to include credit-differentiated activity (see paragraph 1B(3) of Schedule 2), the per-credit limit for each such activity; (b) otherwise, the per-credit limit. (2) In subsections (1) to (1B)— (a) “course year”, in relation to a qualifying course, means a course year within the meaning given (in relation to that course) by section 10(7B); (b) “qualifying course” has the same meaning as in section 10; (c) the references to methods of determining the fee limit are to be read in accordance with paragraph 1 of Schedule 2; (d) the references to the per-credit limit and the fixed limit are to those limits as determined in accordance with paragraphs 1I to 3 of that Schedule. (2A) If any of the information mentioned in subsection (1) or (1A) will differ according to when a course year begins, the list must include the information applicable to course years beginning both before and after the relevant date. (3) The OfS must send a copy of each published list to the Secretary of State who must lay it before Parliament. (4) The Secretary of State may by regulations prescribe the date by which a list under this section must be published by the OfS.
Propose a change(1) This section applies where— (a) a fee limit condition will be or is one of the ongoing registration conditions of an institution, and (b) the governing body of the institution requests the imposition of an access and participation plan condition in order to access the higher fee limits available in respect of the fee limit condition for institutions who have such a plan. (2) An access and participation plan condition— (a) may be an initial registration condition that is applicable to the institution, and (b) must be one of its ongoing registration conditions. (3) In this Part, “an access and participation plan condition”, in relation to an institution, means a condition requiring that— (a) there is an access and participation plan in relation to the institution which— (i) has been approved by the OfS under section 29 (power to approve an access and participation plan), and (ii) is in force, and (b) the governing body of the institution complies with the general provisions of that plan (within the meaning of section 32). (4) A governing body of an institution is not to be regarded as having failed to comply with the requirement mentioned in subsection (3)(b) by reason of its failure to comply with a general provision of the plan if it shows that it has taken all reasonable steps to comply with the provision.
Propose a change(1) The initial or ongoing registration conditions may, in particular, include— (a) a condition relating to the quality of, or the standards applied to, the higher education provided by the provider (including requiring the quality to be of a particular level or particular standards to be applied); (b) a public interest governance condition (see section 14); (c) a condition relating to the provider having a student protection plan which has the OfS's approval (including requiring the provider to have such a plan and to publish it); (d) a condition requiring the payment of a fee charged under section 70(1) (initial fee and annual fee for ongoing registration); (e) a condition requiring the payment of a fee charged under section 28 or 67 (fees charged by designated bodies) or section 71(1) (other fees charged by the OfS); (f) a condition requiring the governing body of the provider to take such steps as the OfS considers appropriate for facilitating cooperation between the provider and one or more electoral registration officers in England for the purpose of enabling the electoral registration of students who are on higher education courses provided by the provider. (2) Where there are one or more sector-recognised standards, the condition mentioned in subsection (1)(a), so far as relating to standards— (a) may relate only to the standards applied in respect of matters for which there are sector-recognised standards, and (b) may require the application of sector-recognised standards only in respect of those matters. (3) In this Part, “sector-recognised standards” means standards that apply to higher education and accord with guidance which— (a) is determined by persons representing a broad range of registered higher education providers, and (b) commands the confidence of registered higher education providers. (4) For the purposes of subsection (1)(c), “a student protection plan” is a plan for the protection of students if an event specified by the OfS were to occur (for example, the closure of a course). (5) For the purposes of subsection (1)(f)— “electoral registration officer in England” means a registration officer appointed under section 8(2) of the Representation of the People Act 1983; “the electoral registration of students” means the registration of students on a register of electors maintained by such an officer under section 9 of that Act.
Propose a change(1) For the purposes of section 13(1)(b), “a public interest governance condition” in relation to a provider means a condition requiring the provider's governing documents to be consistent with the principles in the list published under this section, so far as applicable to the provider. (2) The OfS must determine and publish a list of principles applicable to the governance of English higher education providers. (3) The principles must be those that the OfS considers will help to ensure that English higher education providers perform their functions in the public interest. (4) The list may include different principles for different descriptions of English higher education providers. (5) The OfS may revise the list. (6) If the OfS revises the list, it must publish it as revised. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Before determining or revising the list, the OfS must consult— (a) bodies representing the interests of English higher education providers which appear to the OfS to be concerned, (b) the Secretary of State, and (c) such other persons as the OfS considers appropriate.
Propose a change(1) The OfS may impose a monetary penalty on a registered higher education provider if it appears to the OfS that there is or has been a breach of one of its ongoing registration conditions. (2) 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. (3) 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 (1). (4) Schedule 3 contains provision about— (a) the procedure for imposing a monetary penalty, (b) rights of appeal, (c) the recovery of the penalty and interest, and (d) the retention of sums received.
Propose a change(1) The OfS may suspend a registered higher education provider's registration if it appears to the OfS that there is or has been a breach of one of its ongoing registration conditions. (2) Where a provider's registration is suspended, the OfS— (a) must specify the purposes for which the provider is not to be treated as a registered higher education provider during the suspension (“the excepted purposes”), and (b) may impose conditions on the governing body of the provider which, if satisfied, will result in the OfS lifting the suspension (“the remedial conditions”). (3) During the suspension of a provider's registration— (a) the provider is treated as a registered higher education provider for all purposes other than the excepted purposes, and (b) the provider's entry in the register remains but must specify— (i) that the registration is suspended, and (ii) the excepted purposes. (4) The suspension of a provider's registration ends— (a) when the suspension is lifted by the OfS because the remedial conditions have been satisfied or for any other reason, or (b) if earlier, when the provider is removed from the register under section 18 (de-registration by the OfS) or section 22 (voluntary de-registration). (5) The OfS may vary the excepted purposes or the remedial conditions at any time during the suspension. (6) Where it decides to vary the excepted purposes or the remedial conditions, the OfS must notify the governing body of the provider of its decision. (7) The notice must specify the excepted purposes, or remedial conditions, as varied. (8) Where the excepted purposes are varied, the OfS must update the provider's entry in the register with the excepted purposes (as varied). (9) Where the suspension of a provider's registration ends otherwise than when the provider is removed from the register, the OfS must enter the date on which it ends in the provider's entry in the register.
Propose a change(1) Before suspending a registered higher education provider's registration under section 16, 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 suspend the registration, (b) specify the proposed excepted purposes and the proposed remedial conditions (if any), (c) specify the period during which the governing body of the provider may make representations about the proposal (“the specified period”), and (d) 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 suspend its registration. (5) Having decided whether or not to suspend the provider's registration, the OfS must notify the governing body of the provider of its decision. (6) Where the decision is to suspend the provider's registration, the notice must— (a) specify the date on which the suspension takes effect, (b) specify the excepted purposes, (c) specify the remedial conditions (if any), and (d) contain information as to the grounds for the suspension. (7) The OfS may vary the date specified under subsection (6)(a) at any time before that date by notifying the governing body of the provider. (8) Subsections (1) to (7) do not apply where the OfS considers that a suspension should take effect immediately because there is an urgent need to protect public money, including, in particular, payments made under— (a) section 39 or 40 (financial support for providers), (b) section 93 in the exercise of UKRI's power under that section to give financial support, or (c) section 22 of the Teaching and Higher Education Act 1998 (financial support for students). (9) In such a case— (a) the OfS must notify the governing body of the provider of its decision to suspend the provider's registration, and (b) that notice must comply with the requirements of subsection (6).
Propose a change(1) The OfS must remove a registered higher education provider from the register if the OfS becomes aware that the provider no longer is, or intends to become, an English higher education provider. (2) The OfS may remove a registered higher education provider from the register if condition A or B is satisfied. (3) Condition A is satisfied if— (a) the OfS has previously exercised its powers under section 15 (monetary penalties) or section 16 (suspension) in relation to breach of one of the provider's ongoing registration conditions, and (b) it appears to the OfS that— (i) there is again a breach, or a continuing breach, of that condition, or (ii) there is or has been a breach of a different one of the provider's ongoing registration conditions. (4) Condition B is satisfied if it appears to the OfS that— (a) there is or has been a breach of one of the provider's ongoing registration conditions, and (b) its powers under sections 15 and 16 are insufficient to deal with the breach (whether or not they have been, are being or are to be, exercised in relation to it). (5) The OfS may make transitional or saving provision in connection with the removal of a provider from the register under this section. (6) That provision may include treating the provider as a registered higher education provider for such purposes as the OfS may specify. (7) The OfS must— (a) maintain a list of providers removed from the register under this section, (b) include in that list the details of any provision made under subsection (5), and (c) make the list publicly available by such means as it considers appropriate.
Propose a change(1) Before removing a registered higher education provider from the register under section 18, 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 remove the provider from the register, (b) specify the period during which the governing body of the provider 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 remove it from the register. (5) Having decided whether or not to remove the provider from the register, the OfS must notify the governing body of the provider of its decision. (6) Where the decision is to remove the provider from the register, the notice must specify the date on which the removal takes effect. (7) The notice must also contain information as to— (a) the grounds for the removal, (b) rights of appeal, and (c) the period within which an appeal may be made. (8) A removal under section 18 may not take effect at any time when— (a) an appeal under section 20(1)(a) or (b), or a further appeal, could be brought in respect of the decision to remove, or (b) such an appeal is pending. (9) But that does not prevent a removal 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 removal taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the removal takes effect. (11) But that is subject to what has been determined on any appeal under section 20(1)(a) or (b), or any further appeal, in respect of the decision to remove.
Propose a change(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 remove it from the register under section 18; (b) a decision of the OfS as to the date specified under section 19(6) as the date on which the removal takes effect. (2) An appeal 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. (3) On an appeal, the Tribunal may— (a) withdraw the removal; (b) confirm the removal; (c) vary the date on which the removal takes effect; (d) remit the decision whether to confirm the removal, or any matter relating to that decision (including the date on which the removal takes effect), to the OfS.
Propose a change(1) This section applies where— (a) an access and participation plan condition is one of the ongoing registration conditions of a registered higher education provider, and (b) it appears to the OfS that there is or has been a failure by the governing body of the provider to comply with— (i) the requirement of that condition mentioned in section 12(3)(b) (failure to comply with general provisions of an access and participation plan), or (ii) a fee limit condition which is one of its ongoing registration conditions. (2) The OfS may notify the governing body of the provider that, on the expiry of the access and participation plan in relation to the provider which is currently in force, it will refuse to approve a new plan under section 29 during such period as the OfS may specify in the notice. (3) The Secretary of State may by regulations make provision about— (a) matters to which the OfS must, or must not, have regard in exercising its powers under subsection (2); (b) the procedure to be followed in connection with the giving of notification under subsection (2); (c) the effect of such a notification. (4) The regulations must include provision— (a) requiring any decision of the OfS under subsection (2) affecting the governing body of a provider 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. (5) The OfS's powers in sections 15 to 19 (penalties, suspension and de-registration) are also available in the event of the breach of a condition described in subsection (1)(b).
Propose a change(1) The OfS must remove a registered higher education provider from the register if— (a) the governing body of the provider applies to the OfS for the provider to be removed from the register, and (b) the application complies with any requirements imposed under subsection (2). (2) The OfS may determine— (a) the form of an application under subsection (1), (b) the information to be contained in it or provided with it, and (c) the manner in which an application is to be submitted. (3) The OfS must notify the governing body of the provider of the date on which the provider is removed from the register (“the removal date”). (4) The OfS may vary the removal date at any time before that date by notifying the governing body of the provider. (5) The OfS may make transitional or saving provision in connection with the removal of a provider from the register under this section. (6) That provision may include treating the provider as a registered higher education provider for such purposes as the OfS may specify. (7) The OfS must— (a) maintain a list of providers removed from the register under this section, (b) include in that list the details of any provision made under subsection (5), and (c) make the list publicly available by such means as it considers appropriate.
Propose a change(1) The OfS may assess, or make arrangements for the assessment of, the quality of, and the standards applied to, higher education provided by English higher education providers. (2) But the OfS must assess, or make arrangements for the assessment of, the quality of, and the standards applied to, higher education provided by— (a) institutions who have applied to be registered in the register for the purposes of determining whether they satisfy any initial registration condition applicable to them relating to the quality of, or the standards applied to, higher education provided by them (see section 13(1)(a)), and (b) registered higher education providers for the purposes of determining whether they satisfy any ongoing registration condition of theirs relating to the quality of, or the standards applied to, higher education provided by them (see section 13(1)(a)). (3) Where there are one or more sector-recognised standards, an assessment under this section of the standards applied— (a) must relate only to the standards applied in respect of matters for which there are sector-recognised standards, and (b) must assess those standards against sector-recognised standards only. (4) The factors that may be taken into account for the purposes of an assessment, under subsection (2)(a) or (b), of the quality of higher education provided by an institution include the student outcomes of the institution. (5) The student outcomes of an institution may be measured by any means (whether qualitative or quantitative) that the OfS considers appropriate, including by reference to the extent to which— (a) persons who undertake a higher education course with the institution continue to undertake that course, or another course at the same or a similar level, after a period of time, (b) persons who undertake a higher education course with the institution are granted an award of a particular description by that institution, (c) persons who are granted an award by the institution undertake further study of a particular description, or (d) persons who are granted an award by the institution find employment of a particular description by virtue of that award. (6) The OfS may, from time to time, determine and publish a minimum level in relation to a measure of student outcomes which all institutions to whom the measure is applicable are expected to meet. (7) The OfS is not required to determine and publish different minimum levels in relation to a measure of student outcomes in order to reflect differences in— (a) particular student characteristics; (b) the particular institution or type of institution which is providing higher education; (c) the particular higher education course or subject being studied; (d) any other such factor. (8) In taking into account the student outcomes of an institution as mentioned in subsection (4), account may be taken of whether the institution has met any minimum level determined and published under subsection (6) which is applicable to the institution. (9) In this section— “award” means a taught award or research award (see section 42); “student outcomes”, in relation to an institution, means outcomes for persons to whom the institution provides or has provided higher education or has granted an award.
Propose a change(1) The OfS must establish a committee called the “Quality Assessment Committee”. (2) The Committee has— (a) the function of giving the OfS advice on the exercise of its functions under section 23, and (b) such other functions that the OfS may confer on it. (3) While a body is designated under Schedule 4 to perform the OfS's functions under section 23, the Committee also has the function of giving to the OfS advice on the exercise by the designated body of those functions. (4) The majority of the members of the Committee must be individuals who appear to the OfS to have experience of providing higher education on behalf of an English higher education provider or being responsible for the provision of higher education by such a provider. (5) In appointing members of the Committee who meet those criteria, the OfS must have regard to the desirability of their being currently engaged at the time of their appointment in the provision of higher education or in being responsible for such provision. (6) The majority of the members of the Committee must be individuals who are not members of the OfS. (7) Schedule 1 applies to the Quality Assessment Committee as it applies to committees established under paragraph 8 of that Schedule.
Propose a change(1) The OfS may make arrangements for a scheme to give ratings— (a) to English higher education providers regarding the quality of, and the standards applied to, higher education that they provide where they apply for such a rating, and (b) to higher education providers in Wales, Scotland or Northern Ireland, in respect of whom the appropriate consent is given, regarding the quality of, and the standards applied to, higher education that they provide where they apply for such a rating. (2) “The appropriate consent” means— (a) in the case of a higher education provider in Wales, the consent of the Welsh Ministers to the application of subsection (1) to the provider; (b) in the case of a higher education provider in Scotland, the consent of the Scottish Ministers to the application of subsection (1) to the provider; (c) in the case of a higher education provider in Northern Ireland, the consent of the Department for the Economy in Northern Ireland to the application of subsection (1) to the provider. (3) Such consent— (a) may be given either generally in respect of all providers or in respect of providers of a particular description or named providers, (b) is given by notifying the chair of the OfS, and (c) is valid until it is revoked by notifying the chair. (4) For the purposes of applying the definition of “higher education provider” in section 83(1) to subsections (1)(b) and (2), the reference to “higher education” in that definition— (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)); and the reference to “higher education” in subsection (1)(b) is to be read accordingly.
Propose a change(1) Before the end of the initial period, the Secretary of State must appoint a suitable independent person for the purpose of preparing a report under this section. (2) A person is “independent” for this purpose if the person— (a) is not, and has never been, a member or employee of the OfS, and (b) is not a servant or agent of the Crown. (3) A person is “suitable” for this purpose if the person— (a) has experience of providing higher education on behalf of, or being responsible for the provision of higher education by, a higher education provider, and (b) appears to the Secretary of State to be a person who would command the confidence of registered higher education providers. (4) As soon as possible after the end of the initial period, the appointed person— (a) must prepare a report about the operation during that period of the section 25 scheme or schemes which were in operation for the whole or a part of that period, and (b) must send the report to the Secretary of State. (5) The report must cover the following in the case of each scheme— (a) the process by which ratings are determined under the scheme and the sources of statistical information used in that process, (b) whether that process, and those sources of statistical information, are fit for use for the purpose of determining ratings under the scheme, (c) the names of the ratings under the scheme and whether those names are appropriate, (d) the impact of the scheme on the ability of higher education providers to which the scheme applies to carry out their functions (including in particular their functions relating to teaching and research), (e) an assessment of whether the scheme is in the public interest, and (f) any other matters that the appointed person considers relevant. (6) The Secretary of State must lay the report before Parliament. (7) In this section— “the initial period” means the period of one year beginning with the date on which section 25 comes into force; “section 25 scheme” means a scheme to give ratings in accordance with arrangements made under that section.
Propose a change(1) In Schedule 4— (a) Part 1 makes provision about the designation of a body to perform the assessment functions, and (b) Part 2 makes provision about oversight of the designated body by the OfS. (2) “The assessment functions” are— (a) the functions of the OfS under section 23 (assessing the quality of, and the standards applied to, higher education), and (b) the functions of the relevant body under section 46 (advice on quality etc to the OfS when granting degree awarding powers etc). (3) Where a body has been designated under Schedule 4 to perform the assessment functions, the functions under section 23— (a) so far as they relate to the assessment of the standards applied to higher education provided by a provider, cease to be exercisable by the OfS, and (b) otherwise do not cease to be exercisable by the OfS. (4) The OfS may by notice require a body for the time being designated under Schedule 4 (a “designated body”) to provide the OfS with information which is held by the designated body for the purposes of the performance of any of the assessment functions. (5) The OfS may give a notice under subsection (4) only in respect of information which is required by the OfS for the purposes of the performance of any of its functions. (6) 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. (7) If a designated body fails to comply with a notice under subsection (4) 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.
Propose a change(1) In this section “designated body” means a body for the time being designated under Schedule 4. (2) A designated body may— (a) charge an institution a fee for any activity undertaken, or service provided, by the body in the performance by it of functions under section 23(1) (power to assess quality and standards), or section 46 (advice on quality etc to the OfS when granting degree awarding powers etc), in relation to the institution, (b) charge an institution a fee for any activity undertaken, or service provided, by the body in the performance by it of functions under section 23(2)(a) (duty to assess to determine if initial registration condition relating to quality or standards is met) in relation to the institution, and (c) 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 functions under section 23(2)(b) (duty to assess to determine if ongoing registration condition relating to quality or standards is met). (3) The amount of a fee payable under subsection (2)(a) by an institution may be calculated by reference to costs incurred by the designated body in the performance by the body of functions under section 23(1) or 46 in relation to a different institution or of its general functions. (4) The total fees payable under subsection (2)(a) must not exceed in any period of 12 months the total costs incurred by the body in that period in the performance by the body of its functions under sections 23(1) and 46 and of its general functions. (5) The amount of a fee payable under subsection (2)(b) by an institution may be calculated by reference to costs incurred by the designated body in the performance by the body of functions under section 23(2)(a) in relation to a different institution or of its general functions. (6) The total fees payable under subsection (2)(b) must not exceed in any period of 12 months the total costs incurred by the body in that period in the performance by the body of its functions under section 23(2)(a) and of its general functions. (7) The amount of a fee payable under subsection (2)(c) may be calculated by reference to costs incurred, or to be incurred, by the body in the performance by the body of functions under section 23(2)(b) which are unconnected with the provider or of its general functions. (8) The total fees payable under subsection (2)(c) 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 section 23(2)(b) and of its general functions. (9) A 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. (10) In this section references to the general functions of a designated body are to its functions under section 27(4) or paragraph 8(1) of Schedule 4 (duty to provide information and an annual report).
Propose a change(1) The governing body of an institution may apply to the OfS for the OfS's approval of a proposed access and participation plan relating to the institution for the purposes of satisfying an access and participation plan condition. (2) An access and participation plan is a plan that complies with sections 30 to 32. (3) The OfS may, if it thinks fit, approve the plan. (4) The OfS may issue guidance as to the matters to which the OfS will have regard in deciding whether to approve plans. (5) The Secretary of State may by regulations make provision about the procedure to be followed in connection with the giving of approval under this section. (6) The regulations may, in particular, specify matters to which the OfS is, or is not, to have regard in making any determination relating to approval. (7) The regulations may require the institution to which any plan approved under this section relates to publish the plan in the manner prescribed by the regulations.
Propose a change(1) An access and participation plan must specify the period during which it is to be in force. (2) The length of that period must not exceed such maximum as may be prescribed by regulations made by the Secretary of State. (3) Subsections (1) and (2) do not prevent the approval of a new plan taking effect on the expiry of a previous plan.
Propose a change(1) An access and participation plan relating to an institution must, in respect of each relevant course year of a qualifying course, specify or provide for the determination of— (a) the required per-credit limit or limits, in the case of a course year in respect of which the fee limit is to be determined by the credit-based method, and (b) a fixed limit, in the case of a course year in respect of which the fee limit is to be determined by the fixed method. (1A) “The required per-credit limit or limits” means— (a) if the course year is to include credit-differentiated activity (see paragraph 1B(3) of Schedule 2), a per-credit limit for each such activity; (b) otherwise, a per-credit limit. (2) Each limit must not exceed— (a) the higher amount, if the institution has a high level quality rating at the time the plan is approved, or (b) in any other case, the sub-level amount. (2A) A course year of a qualifying course is a “relevant course year” if— (a) it begins when the plan comes into force or while it is in force, and (b) fees are payable to the institution in respect of so much of the course as is undertaken during the course year. (2B) The references in subsection (1) to methods of determining the fee limit are to be read in accordance with paragraph 1 of Schedule 2. (3) In this section— “the sub-level amount” means the amount determined from time to time under paragraph 2 of Schedule 2 as the sub-level amount; “high level quality rating” has the same meaning as in that paragraph; “the higher amount” means the amount from time to time prescribed as the higher amount under that paragraph; “qualifying course” and “qualifying person” have the same meaning as in section 10; “course year”, in relation to a qualifying course, has the meaning given (in relation to that course) by section 10(7B). (4) The references in this section to fees payable to the institution include fees payable to any other institution or person who, under arrangements with the institution, participates in the provision of the qualifying course.
Propose a change(1) An access and participation plan relating to an institution— (a) must also include such provisions relating to the promotion of equality of opportunity as are required by regulations made by the Secretary of State to be included in the plan, and (b) may also include further provisions relating to the promotion of equality of opportunity. (2) In this section, any reference to the “general provisions” of an access and participation plan is a reference to the provisions included in the plan by virtue of subsection (1). (3) The general provisions that may be required by regulations made under subsection (1) include, in particular, provisions— (a) requiring the governing body of the institution to take, or secure the taking of, measures to attract applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in higher education, (b) requiring the governing body of the institution to provide, or secure the provision of, financial assistance to students, (c) requiring the governing body of the institution to make available to students and prospective students information about financial assistance available to students from any source, (d) setting out objectives relating to the promotion of equality of opportunity, (e) relating to the monitoring by the governing body of the institution of— (i) its compliance with the provisions of the plan, and (ii) its progress in achieving any objectives set out in the plan by virtue of paragraph (d), and (f) requiring the provision of information to the OfS. (4) Regulations under subsection (1) may not require a plan— (a) to include among the general provisions of the plan any provision referring to particular courses or to the manner in which courses are taught, supervised or assessed, or (b) to include any provision relating to the criteria for the admission of students. (5) In this section— (a) “equality of opportunity” means equality of opportunity in connection with access to and participation in higher education provided by English higher education providers, and (b) references to higher education do not include education provided by means of any postgraduate course other than a course of initial teacher training.
Propose a change(1) The Secretary of State may, by regulations, make provision enabling an access and participation plan which has been approved by the OfS under section 29 to be varied. (2) The regulations must provide for a variation to take effect only if approved by the OfS.
Propose a change