Higher Education and Research Bill (HC Bill 4)

(ii) after “higher education corporation” insert “in Wales”.

14 In section 125A (charitable status of a higher education corporation)—

(a) for “English higher education corporation” substitute “higher
education corporation in England”, and

(b) 5for “Welsh higher education corporation” substitute “higher
education corporation in Wales”.

15 In section 127(1) (transfer of staff to higher education corporations), after
“higher education corporation” insert “established under section 121 or 122”.

16 Before section 128 insert—

“127A 10 Dissolution of higher education corporations in England

(1) If requested to do so by notice given by a higher education
corporation in England, the Secretary of State may make an order
providing for—

(a) the dissolution of the corporation, and

(b) 15the transfer of property, rights and liabilities of the
corporation to—

(i) a person appearing to the Secretary of State to be
wholly or mainly engaged in the provision of
educational facilities or services of any description;

(ii) 20a body corporate established for purposes which
include the provision of such facilities or services;

(iii) the Office for Students.

(2) An order under this section must not provide for transferring the
property, rights or liabilities of a higher education corporation in
25England to a person or body without the consent of the person or
body.

(3) Subsection (4) applies where the recipient of a transfer under an
order under this section is not a charity established for charitable
purposes which are exclusively educational purposes.

(4) 30Any property transferred must be transferred on trust to be used for
charitable purposes which are exclusively educational purposes.

(5) Before making an order under this section the Secretary of State must
consult the Office for Students.

(6) In this section “charitable purposes” has the meaning given by
35section 11 of the Charities Act 2011.

(7) An order under this section may apply section 127 with such
modifications as the Secretary of State may consider necessary or
desirable.””

17 In section 128 (dissolution of higher education corporations—

(a) 40in the heading, after “higher education corporations” insert “in
Wales”, and

(b) in subsections (1)(a), (2) and (4), after “higher education corporation”
insert “in Wales”.

18 In section 129(5)(e) (designation of institutions), before “128” insert “127A
45or”.

19 In section 157(2)(a) (variation of trust deeds etc: institutions conducted by
higher education corporations), after “higher education corporation” insert
“in Wales”.

20 In section 161(1) (interpretation of Part 2)—

(a) 5after paragraph (b) insert—

“(ba) “further education corporation in England” means a
further education corporation established to conduct
an institution whose activities are carried on, or
principally carried on, in England;

(bb) 10“further education corporation in Wales” means a
further education corporation established to conduct
an institution whose activities are carried on, or
principally carried on, in Wales;”, and”

(b) after paragraph (d) insert—

“(e) 15“higher education corporation in England” means a
higher education corporation established to conduct
an institution whose activities are carried on, or
principally carried on, in England;

(f) “higher education corporation in Wales” means a
20higher education corporation established to conduct
an institution whose activities are carried on, or
principally carried on, in Wales.””

21 In Schedule 7 (the higher education corporations)—

(a) for the heading substitute “Higher education corporations in Wales
25established before the appointed day”, and

(b) in paragraph 1(1), (2) and (3)(a), after “higher education corporation”
insert “in Wales”.

22 In Schedule 7A (instruments of government made by Privy Council), for the
heading substitute “Higher education corporations in Wales established on
30or after the appointed day: instruments of government made by Privy
Council”.

Further and Higher Education Act 1992

23 The Further and Higher Education Act 1992 is amended as follows.

24 In section 90(1) (interpretation of Act), in the definition of “higher education
35corporation”, after “by virtue of section” insert “122ZA or”.

25 In section 91 (interpretation of Education Acts), in subsection (6)(b), for “by
virtue of section 122A” substitute “by virtue of section 122ZA or 122A”.

Section 83

SCHEDULE 9 United Kingdom Research and Innovation

40Status

1 (1) UKRI is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) UKRI’s property is not to be regarded—

(a) as the property of the Crown, or

(b) as property held on behalf of the Crown.

5Membership of UKRI

2 (1) UKRI is to consist of the following members appointed by the Secretary of
State—

(a) a chair (“the chair”),

(b) the Chief Executive Officer (“the CEO”),

(c) 10the Chief Finance Officer (“the CFO”), and

(d) at least nine and not more than twelve other members.

(2) In this Schedule, references to the “members of UKRI” are to the members
mentioned in sub-paragraph (1).

(3) The chair may not also be the CEO or the CFO.

(4) 15Before appointing the members mentioned in sub-paragraph (1)(b) to (d),
the Secretary of State must consult the chair.

(5) The Secretary of State must, in appointing the members of UKRI, have
regard to the desirability of the members (between them) having experience
of—

(a) 20research into science, technology, humanities and new ideas,

(b) the development and exploitation of science, technology and new
ideas, and

(c) industrial, commercial and financial matters and the practice of any
profession.

25Membership of the Councils

3 (1) Each Council is to consist of—

(a) an executive chair appointed by the Secretary of State (the “executive
chair”),

(b) at least five and not more than nine other members (the “ordinary
30Council members”).

(2) In this Schedule, a reference to the “Council members” is to the executive
chair and the ordinary Council members of each Council.

(3) The Secretary of State may appoint one of the ordinary Council members of
each Council.

(4) 35The other ordinary Council members are to be appointed by UKRI after
consulting the executive chair.

(5) A Council may include persons who are neither members, nor employees,
of UKRI.

Terms of appointment and tenure

4 40A person holds and vacates office as a member of UKRI or as a Council
member in accordance with the terms of his or her appointment.

5 (1) This paragraph applies to a person (a “Ministerial appointee”) appointed
as—

(a) a member of UKRI,

(b) an executive chair, or

(c) 5an ordinary Council member where the appointment was made by
the Secretary of State.

(2) The terms and conditions of a Ministerial appointee’s appointment are to be
determined by the Secretary of State; but that is subject to the following
provisions of this Schedule.

(3) 10A Ministerial appointee may resign from office as a member of UKRI,
executive chair or an ordinary Council member by giving notice in writing
to the Secretary of State.

(4) The Secretary of State may remove a Ministerial appointee from office on
any of the following grounds—

(a) 15absence from UKRI’s or the Council’s meetings, as the case may be,
for a continuous period of more than six months without UKRI’s or
the Council’s permission,

(b) inability or unfitness to carry out the functions of the office, or

(c) such other grounds as the Secretary of State considers appropriate.

6 (1) 20This paragraph applies to a person (an “UKRI appointee”) appointed as an
ordinary Council member where the appointment was made by UKRI.

(2) The terms and conditions of an UKRI appointee’s appointment are to be
determined by UKRI; but that is subject to the following provisions of this
Schedule.

(3) 25An UKRI appointee may resign from office as an ordinary Council member
by giving notice in writing to UKRI.

(4) UKRI may remove an UKRI appointee from office on any of the following
grounds—

(a) absence from the Council’s meetings for a continuous period of more
30than six months without the Council’s permission,

(b) inability or unfitness to carry out the functions of the office, or

(c) such other grounds as UKRI considers appropriate.

Remuneration etc

7 (1) The Secretary of State must pay to members of UKRI and Council members
35such remuneration, allowances and expenses as the Secretary of State may
determine.

(2) The Secretary of State must pay, or make provision for paying, to or in
respect of a person who is or has been a member of UKRI or a Council
member, such sums as the Secretary of State may determine in respect of
40pension, allowances, expenses or gratuities.

(3) If, where a person ceases to be a member of UKRI or a Council member, the
Secretary of State determines that he or she should be compensated because
of special circumstances, the Secretary of State must pay him or her
compensation of such amount as the Secretary of State may determine.

Staffing of UKRI

8 (1) UKRI may—

(a) appoint employees, and

(b) make such other arrangements for the staffing of UKRI as it
5considers appropriate.

(2) The terms and conditions of appointment as employees are to be determined
by UKRI with the approval of the Secretary of State.

(3) UKRI must pay its employees such remuneration, allowances and expenses
as UKRI may determine with the approval of the Secretary of State.

(4) 10In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of
employment to which a scheme under section 1 of the 1972 Act can apply),
in the list of “Other Bodies”, at the appropriate place insert—

• ““United Kingdom Research and Innovation.””

(5) UKRI must pay to the Minister for the Civil Service, at such times as the
15Minister may direct, such sums as the Minister may determine in respect of
any increase attributable to sub-paragraph (4) in the sums payable out of
money provided by Parliament under the 1972 Act.

Committees and sub-committees

9 (1) UKRI may establish committees (in addition to the Councils).

(2) 20A committee established under sub-paragraph (1) may establish sub-
committees.

(3) A committee or sub-committee established under sub-paragraph (1) or (2) is
referred to in this Schedule as a “general committee”.

(4) A Council may establish sub-committees and a sub-committee so
25established is referred to in this Schedule as a “Council sub-committee”.

(5) A general committee and a Council sub-committee may include persons
who are not members of UKRI, Council members or employees of UKRI.

(6) UKRI must pay such allowances as the Secretary of State may determine to
any person who—

(a) 30is a member of a general committee or a Council sub-committee, but

(b) is not a member of UKRI, a Council member or an employee of UKRI.

(7) UKRI must keep under review—

(a) the structure of the general committees, and

(b) the scope of each such committee’s activities.

(8) 35Each Council must keep under review—

(a) the structure of its Council sub-committees, and

(b) the scope of each such sub-committee’s activities.

Procedure

10 (1) UKRI may determine—

(a) 40its own procedure, and

(b) the procedure of any general committee;

but that is subject to the rest of this paragraph.

(2) A Council may determine—

(a) its own procedure, and

(b) the procedure of any Council sub-committee it appoints;

5but that is subject to the rest of this paragraph.

(3) The quorum for a meeting of UKRI or a Council is half the number of its
members.

(4) The Secretary of State, or a representative of the Secretary of State, is
entitled—

(a) 10to attend any meeting of UKRI or of any Council, Council sub-
committee or general committee, and

(b) to take part in any deliberations (but not in decisions) at such
meetings.

(5) UKRI must provide the Secretary of State, or a representative of the
15Secretary of State, with such copies of documents distributed to its members
or to any general committee as the Secretary of State or the representative
may require it to provide.

(6) A Council must provide the Secretary of State, or a representative of the
Secretary of State, with such copies of documents distributed to its members
20or to any Council sub-committee as the Secretary of State or the
representative may require it to provide.

11 The validity of any proceedings of UKRI, or of any Council, Council sub-
committee or general committee, is not affected by a vacancy or a defective
appointment.

25Delegation of functions by UKRI

12 (1) UKRI may delegate any of its functions to—

(a) a member of UKRI,

(b) an employee authorised for that purpose,

(c) a Council or a Council sub-committee, or

(d) 30a general committee.

(2) A function is delegated under this paragraph to the extent, and on the terms
that, UKRI determines.

Accounts and audit

13 (1) UKRI must—

(a) 35keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) Each statement of accounts must comply with any directions given by the
Secretary of State with the approval of the Treasury as to—

(a) its content and form;

(b) 40the methods and principles to be applied in preparing it;

(c) the additional information (if any) which is to be provided for the
information of Parliament.

(3) UKRI must send a copy of each statement of accounts to the Secretary of
State and the Comptroller and Auditor General before the end of August
next following the financial year to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) 5examine, certify and report on each statement of accounts, and

(b) send a copy of each report and certified statement to the Secretary of
State.

(5) The Secretary of State must lay before Parliament a copy of each such report
and certified statement.

(6) 10In this Schedule “financial year” means—

(a) the period beginning with the date on which UKRI is established and
ending with the second 31 March following that date, and

(b) each successive period of 12 months.

Annual report

14 (1) 15UKRI must prepare a report on the exercise of its functions during each
financial year.

(2) The report must include the statement of accounts in respect of that year.

(3) The report relating to a financial year must be prepared as soon as possible
after the end of the financial year.

(4) 20UKRI must send the report to the Secretary of State.

(5) The Secretary of State must lay the report before Parliament.

Seal and evidence

15 (1) The application of UKRI’s seal must be authenticated by the signature of—

(a) a member of UKRI, or

(b) 25another person authorised for that purpose by UKRI.

(2) A document purporting to be duly executed under UKRI’s seal or signed on
its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the
30contrary is shown.

(3) But this paragraph does not apply in relation to any document which is, or
is to be, signed in accordance with the law of Scotland.

Supplementary powers

16 (1) UKRI may do anything which appears to it to be necessary or expedient for
35the purpose of, or in connection with, the exercise of its functions.

(2) In particular, UKRI may—

(a) acquire and dispose of land and other property,

(b) enter into contracts, and

(c) accept gifts of money, land or other property.

(3) UKRI may not do any of the following except with the consent of the
Secretary of State—

(a) borrow money;

(b) enter into joint ventures;

(c) 5form, participate in forming or invest in a company, partnership or
other similar form of organisation;

(d) invest sums.

Public records

17 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
101958 (definition of public records), at the appropriate place insert—

• ““United Kingdom Research and Innovation.””

Investigation by the Parliamentary Commissioner

18 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

• 15““United Kingdom Research and Innovation.””

House of Commons disqualification

19 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), at the appropriate place
insert—

• 20““United Kingdom Research and Innovation (“UKRI”), any
  Council or other committee of UKRI and any sub-
  committee of such a Council or committee (see section 84
  of, and paragraph 9 of Schedule 9 to, the Higher Education
  and Research Act 2016).””

25Northern Ireland Assembly disqualification

20 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), at the appropriate
place insert—

• ““United Kingdom Research and Innovation (“UKRI”), any
  30Council or other committee of UKRI and any sub-
  committee of such a Council or committee (see section 84
  of, and paragraph 9 of Schedule 9 to, the Higher Education
  and Research Act 2016).””

Freedom of information

21 35In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities to which that Act applies), at the appropriate place insert—

• ““United Kingdom Research and Innovation.””

Public sector equality duty

22 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
40public sector equality duty), in the group of entries under the heading

“Industry, business, finance etc”, at the end insert—

• ““United Kingdom Research and Innovation.””

Section 104

SCHEDULE 10 Transfer schemes

5Transfer schemes

1 (1) The Secretary of State may make one or more property transfer schemes or
staff transfer schemes in connection with—

(a) the establishment of the OfS or UKRI by this Act, or

(b) any of the following ceasing to exist by virtue of this Act—

(i) 10the Higher Education Funding Council for England,

(ii) the office of Director of Fair Access to Higher Education, or

(iii) a research council listed in section 101(1).

(2) In this Schedule, a “permitted transferor” means a body or office listed in
sub-paragraph (1)(b).

(3) 15A “property transfer scheme” is a scheme for the transfer from a permitted
transferor of any property, rights or liabilities, other than rights or liabilities
under or in connection with a contract of employment, to a permitted
transferee.

(4) A “staff transfer scheme” is a scheme for the transfer from a permitted
20transferor of any rights or liabilities under or in connection with a contract
of employment to a permitted transferee.

(5) In this Schedule, a “permitted transferee” means—

(a) the OfS,

(b) UKRI,

(c) 25the Secretary of State, or

(d) such other person as may be specified by the Secretary of State in the
scheme.

Supplementary

2 (1) The things that may be transferred under a property transfer scheme or a
30staff transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme;

(c) 35criminal liabilities.

(2) A property transfer scheme or a staff transfer scheme may make
supplementary, incidental, transitional or consequential provision and may,
in particular—

(a) create rights, or impose liabilities, in relation to property or rights
40transferred;

(b) make provision about the continuing effect of things done by the
permitted transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, or on behalf of, or in
5relation to, the permitted transferor in respect of anything
transferred;

(d) make provision for references to the permitted transferor in an
instrument or other document in respect of anything transferred to
be treated as references to the permitted transferee.

(3) 10A property transfer scheme may make provision for the shared ownership
or use of property.

(4) A staff transfer scheme may make provision which is the same as or similar
to the TUPE regulations.

(5) A property transfer scheme or a staff transfer scheme may provide for the
15scheme to be modified by agreement.

Interpretation

3 (1) For the purposes of this Schedule—

(a) an individual who holds employment in the civil service is to be
treated as employed by virtue of a contract of employment, and

(b) 20the terms of the individual’s employment in the civil service are to be
regarded as constituting the terms of the contract of employment.

(2) In this Schedule—

(a) “civil service” means civil service of the State;

(b) “TUPE regulations” means the Transfer of Undertakings (Protection
25of Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246);

(c) references to the transfer of property include references to the grant
of a lease.

Section 110

SCHEDULE 11 Minor and consequential amendments relating to Part 1

30Public Records Act 1958

1 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records), omit the references to—

(a) the Director of Fair Access to Higher Education, and

(b) the Higher Education Funding Council for England.

35Parliamentary Commissioner Act 1967

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the references to—

(a) the Director of Fair Access to Higher Education, and

(b) the Higher Education Funding Council for England.