Higher Education and Research Bill (HC Bill 4)

Superannuation Act 1972

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to
which a scheme under section 1 of the 1972 Act can apply), omit—

(a) “Employment by the Director of Fair Access to Higher Education.”
5and

(b) “Higher Education Funding Council for England in receipt of
remuneration.”

House of Commons Disqualification Act 1975

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
10(disqualifying offices), omit the references to—

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

(b) any member of the Higher Education Funding Council for England
in receipt of remuneration.

Education Reform Act 1988

5 15The Education Reform Act 1988 is amended as follows.

6 In section 124B(2)(b) (accounts), for “the higher education funding council”
substitute “the Higher Education Funding Council for Wales”.

7 (1) Section 128 (dissolution of higher education corporations) is amended as
follows.

(2) 20In subsection (1)(b)(iii), for “a higher education funding council” substitute
“the Higher Education Funding Council for Wales”.

(3) In subsection (4)(b), for “higher education funding council” substitute “the
Higher Education Funding Council for Wales”.

8 In section 129(1) (designation of institutions) for “a higher education
25funding council” substitute “the Higher Education Funding Council for
Wales”.

9 (1) Section 133 (payments in respect of persons employed in the provision of
higher or further education) is amended as follows.

(2) In the heading, omit “by Polytechnics and Colleges Funding Council”.

(3) 30In subsection (1)—

(a) for “A higher education funding council shall” substitute “The Office
for Students and the Higher Education Funding Council for Wales
each”;

(b) for “the council” substitute “they”.

10 35In Schedule 7 (higher education corporations), in paragraph 18(2)(b), for
“higher education funding council” substitute “Higher Education Funding
Council for Wales”.

Further and Higher Education Act 1992

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

12 40In section 61 (interpretation of Part 1), omit subsection (3)(b).

13 (1) Section 62 (establishment of the Higher Education Funding Council) is
amended as follows.

(2) In the heading, for “The Higher Education Funding Councils” substitute
“The Higher Education Funding Council for Wales”.

(3) 5In subsection (1)—

(a) omit paragraph (a), and

(b) in paragraph (b), after “them” insert “(referred to in this Act as “the
HEFCW”)”.

(4) Omit subsection (2).

(5) 10In subsection (4), for “a council” substitute “the HEFCW”.

(6) Omit subsections (5) and (6).

(7) In subsection (7)—

(a) omit “institutions in England or”,

(b) in paragraph (a), omit “England or, as the case may be,”, and

(c) 15in paragraph (b), omit “, in both cases,”.

(8) In subsection (7A), for “each council” substitute “the HEFCW”.

(9) In subsection (8), for “one of the Councils” substitute “the HEFCW or the
Office for Students”.

(10) In subsection (9), for “each of the councils” substitute “the HEFCW”.

14 (1) 20Section 65 (administration of funds by councils) is amended as follows.

(2) In the heading, for “councils” substitute “the HEFCW”.

(3) In subsection (1)—

(a) for “Each council” substitute “The HEFCW”, and

(b) for “the council” substitute “the HEFCW”.

(4) 25In subsection (2)(a), for “the council’s” substitute “the HEFCW’s”.

(5) In subsection (3)—

(a) for “A council” substitute “The HEFCW”, and

(b) for “the council” substitute “the HEFCW”.

(6) In subsection (3A)—

(a) 30for “a Council” substitute “the HEFCW”, and

(b) for “the Council” substitute “the HEFCW”.

(7) In subsection (3B), for “the Council in question” substitute “the HEFCW”.

(8) In subsection (4)—

(a) for “a council” substitute “the HEFCW”, and

(b) 35for “the council”, in each place, substitute “the HEFCW”.

15 (1) Section 66 (administration of funds: supplementary) is amended as follows.

(2) In subsection (1)—

(a) for “a council” substitute “the HEFCW”, and

(b) for “the council”, in each place, substitute “the HEFCW”.

(3) In subsections (2) and (3), for “a council” substitute “the HEFCW”.

(4) In subsection (4), for “the council” substitute “the HEFCW”.

16 (1) Section 68 (grants to councils) is amended as follows.

(2) In the heading, for “councils” substitute “the HEFCW”.

(3) 5In subsection (1), for “each of the councils” substitute “the HEFCW”.

(4) In subsection (2)—

(a) for “either of the councils” substitute “the HEFCW”, and

(b) for “the council”, in each place, substitute “the HEFCW”.

17 (1) Section 69 (supplementary functions) is amended as follows.

(2) 10In subsection (1), for “Each council” substitute “The HEFCW”.

(3) Omit subsections (1A) and (1B).

(4) In subsection (2), for “Each council” substitute “The HEFCW”.

(5) In subsection (3), for “A council” substitute “The HEFCW”.

(6) In subsection (4)—

(a) 15in paragraph (a), for “an institution” substitute “an institution in
Wales”, and

(b) for “the council” substitute “the HEFCW”.

(7) In subsections (5) and (6), for “a council” substitute “the HEFCW”.

18 Omit section 70 (England: assessment of quality of education provided by
20institutions).

19 (1) Section 79 (duty to give information to funding councils) is amended as
follows.

(2) In the heading, for “the funding councils” substitute “the HEFCW”.

(3) For “a council” substitute “the HEFCW”.

20 25Omit section 79A (Higher Education Funding Council for England’s power
to request information from institutions that are exempt charities).

21 (1) Section 81 (directions) is amended as follows.

(2) In subsection (1), for “each council” substitute “the HEFCW”.

(3) In subsection (2), for “a council” substitute “the HEFCW”.

(4) 30In subsection (3), for “the council”, in each place, substitute “the HEFCW”.

22 In section 83 (efficiency studies), in subsection (1B), for “A higher education
funding council” substitute “The HEFCW”.

23 In section 91(4) (interpretation of Education Acts), for the words from “a
council established under section 62” to the end substitute “the Higher
35Education Funding Council for Wales.”

24 (1) Section 92 (index) is amended as follows.

(2) Omit the entry for “council (in Part 2), or higher education funding council”.

(3) After the entry for “governing body” insert—

(4) For “institution in England or in Wales (in relation to higher education
funding councils)” substitute “institution in Wales (in relation to the
5HEFCW)”.

Education Act 1994

25 (1) Section 18 of the Education Act 1994 (power to reimburse certain payments
to persons formerly employed in teacher training) is amended as follows.

(2) In subsection (1), for “A higher education funding council” substitute “The
10Office for Students or the Higher Education Funding Council for Wales”.

(3) In subsection (4)—

(a) for “a higher education funding council” substitute “the Office for
Students or (as the case may be) the Higher Education Funding
Council for Wales”, and

(b) 15for “the council” substitute “they”.

Education Act 1996

26 In section 13 of the Education Act 1996 (local authorities’ general
responsibility for education), for subsection (2)(b) substitute—

“(b) the Higher Education Funding Council for Wales, or

(c) 20the Office for Students.””

Freedom of Information Act 2000

27 (1) Schedule 1 to the Freedom of Information Act 2000 (public authorities to
which Act applies) is amended as follows.

(2) In Part 4 (educational institutions), in paragraph 53(1)—

(a) 25after paragraph (a) insert—

“(aa) a registered higher education provider of a
description prescribed by regulations made by the
Secretary of State for the purposes of section 37(1) of
the Higher Education and Research Act 2016,”;”

(b) 30in paragraph (c), after “institution” insert “in Wales”;

(c) in paragraph (e), after “institution of” insert “a registered higher
education provider which falls within paragraph (aa) or”.

(3) In Part 4, in paragraph 53(2)—

(a) after paragraph (a) insert—

“(aa) 35“registered higher education provider” has the
meaning given by section 3(10) of the Higher
Education and Research Act 2016;”;”

(b) in paragraph (c), after “paragraph (c),” insert “the reference to an
institution in Wales is to be construed in accordance with section
4062(7) of that Act, and”.

(4) In Part 6 (other public bodies), omit the references to—

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

(b) the Higher Education Funding Council for England.

Higher Education Act 2004

28 (1) 5The Higher Education Act 2004 is amended as follows.

(2) Omit sections 22 to 41 and Schedule 5 (student fees and fair access).

(3) In section 47 (orders and regulations)—

(a) in subsection (3), omit paragraphs (a) and (c), and

(b) omit subsection (4).

(4) 10In section 48 (general interpretation) omit the definition of “the 2005 Act”.

(5) In Schedule 6 (consequential amendments)—

(a) omit paragraph 1 (amendment to the Public Records Act 1958),

(b) in paragraph 4 (amendment to the House of Commons
Disqualification Act 1975), omit ““Director of Fair Access to Higher
15Education.””, and

(c) in paragraph 10 (amendment to the Freedom of Information Act
2000), omit ““The Director of Fair Access to Higher Education.””

Education Act 2005

29 In Schedule 14 to the Education Act 2005, omit paragraphs 26 to 35 (which
20amend provisions of Part 3 of the Higher Education Act 2004 which are
repealed by this Schedule).

Equality Act 2010

30 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities subject
to public sector equality duty), omit “The Higher Education Funding
25Council for England”.

Education Act 2011

31 In the Education Act 2011, omit the following (which amend provisions of
Part 3 of the Higher Education Act 2004 which are repealed by this
Schedule)—

(a) 30section 77;

(b) paragraphs 18 to 29 of Schedule 5;

(c) paragraph 22 of Schedule 16.

Charities Act 2011

32 In Schedule 7 to the Charities Act 2011, omit paragraph 97 (which amends
35section 40 of the Higher Education Act 2004 which is repealed by this
Schedule).

Counter-Terrorism and Security Act 2015

33 In section 32(5)(b) of the Counter-Terrorism and Security Act 2015
(monitoring of performance: further and higher education bodies) for

“Higher Education Funding Council for England” substitute “Office for
Students”.

Section 110

SCHEDULE 12 Minor and consequential amendments relating to Part 3

5Geological Survey Act 1845

1 In section 1 of the Geological Survey Act 1845 (power of persons employed
in geological survey to enter land) for “the Natural Environment Research
Council”, in both places, substitute “United Kingdom Research and
Innovation”.

10Mining Industry Act 1926

2 In section 23 of the Mining Industry Act 1926 (facilities to be given when
shafts or boreholes are sunk)—

(a) in the heading, for “Department of Scientific and Industrial
Research” substitute “United Kingdom Research and Innovation”,

(b) 15in subsection (1), for “the National Environment Research Council”
substitute “United Kingdom Research and Innovation”, and

(c) in subsections (1) to (3) and (5), for “the Council”, in each place,
substitute “UKRI”.

Public Records Act 1958

3 20In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records) omit the following entries—

• ““Arts and Humanities Research Council.”

• “Economic and Social Research Council.”

• “Engineering and Physical Sciences Research Council.”

• 25“Medical Research Council.”

• “Natural Environment Research Council.”

• “Technology Strategy Board.””

Science and Technology Act 1965

4 (1) The Science and Technology Act 1965 is amended as follows.

(2) 30In section 1 (the research councils)—

(a) in subsection (1), omit paragraphs (a) and (b) (and the “and” after
paragraph (b)),

(b) also in subsection (1), in paragraph (c) omit “other”, and

(c) omit subsections (2) and (3).

(3) 35In section 2 (expenses and accounts of research councils)—

(a) omit subsection (4), and

(b) in subsection (5)—

(i) for the words from “, in the case” to “expenses of the Council”
substitute “the expenses of a Research Council”, and

(ii) omit “in section 1(2) or (3) above or”.

(4) In section 3 (re-allocation of activities connected with scientific research)—

(a) omit subsections (1) to (3), and

(b) in subsection (5), omit the words from “; and the provisions” to the
5end.

(5) Omit Schedule 3 (transitional provisions).

Parliamentary Commissioner Act 1967

5 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit the following entries—

• 10““Arts and Humanities Research Council.”

• “Biotechnology and Biological Sciences Research Council.”

• “Economic and Social Research Council.”

• “Engineering and Physical Sciences Research Council.”

• “Medical Research Council.”

• 15“Natural Environment Research Council.”

• “Science and Technology Facilities Council.”

• “Technology Strategy Board.””

Agriculture Act 1967

6 In section 50(3) of the Agriculture Act 1967 (provisions on control of sale not
20to apply to transfers to and from persons listed) for paragraph (f)
substitute—

“(f) United Kingdom Research and Innovation,”.”

Conservation of Seals Act 1970

7 (1) The Conservation of Seals Act 1970 is amended as follows.

(2) 25In each of the following provisions, for “the Council” substitute “UKRI”—

(a) section 3(1) (consultation before orders prohibiting killing seals),

(b) section 10(3)(a) (consultation before granting licence to kill etc),

(c) section 11(1) (consultation before entry onto land), and

(d) section 13 (duty to give advice on management of seal populations).

(3) 30In section 15 (interpretation)—

(a) omit the definition of “the Council”, and

(b) at end insert—

• “““UKRI” means United Kingdom Research and
  Innovation.””

35Chronically Sick and Disabled Persons Act 1970

8 In section 24 of the Chronically Sick and Disabled Persons Act 1970 (institute
of hearing research) for “the Medical Research Council” substitute “United
Kingdom Research and Innovation”.

Mineral Exploration and Investment Grants Act 1972

9 In section 1(3) of the Mineral Exploration and Investment Grants Act 1972
(conditions for making contributions in respect of mineral exploration) for
“the Natural Environment Research Council” substitute “United Kingdom
5Research and Innovation”.

Supply Powers Act 1975

10 In section 7 of the Supply Powers Act 1975 (interpretation) in paragraph (a)
of the definition of “articles required for the public service”, after “Civil
Aviation Authority” insert “, United Kingdom Research and Innovation”.

10House of Commons Disqualification Act 1975

11 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(disqualifying offices) omit the following entries—

• ““Chair or Chief Executive of the Science and Technology
  Facilities Council.”

• 15“Chair, Deputy Chair or Chief Executive of the Technology
  Strategy Board.”

• “Chairman, Deputy Chairman or Chief Executive of the Arts
  and Humanities Research Council.”

• “Chairman, Deputy Chairman, or Chief Executive of the
  20Biotechnology and Biological Sciences Research Council.”

• “Chairman, Deputy Chairman or Chief Executive of the
  Economic and Social Research Council.”

• “Chairman, Deputy Chairman or Chief Executive of the
  Engineering and Physical Sciences Research Council.”

• 25“Chairman, Deputy Chairman or Chief Executive of the
  Medical Research Council.”

• “Chairman, Deputy Chairman or Chief Executive of the
  Natural Environment Research Council.””

Northern Ireland Assembly Disqualification Act 1975

12 30In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the following
entry—

• ““The Advisory Board for the Research Councils.””

Patents Act 1977

13 35In section 41(3) of the Patents Act 1977 (assignment of right in patent)—

(a) after “Where the Crown” insert “, United Kingdom Research and
Innovation”,

(b) for “or, as the case may be, Research Council” substitute “, United
Kingdom Research and Innovation or the Research Council (as the
40case may be)”, and

(c) omit the words from “or the Arts” to the end.

Further Education Act 1985

14 In section 2(4)(a) of the Further Education Act 1985 (cases in which
requirement that goods or services supplied at open market value
disapplied) for the words from “the Arts” to “2004)” substitute “United
5Kingdom Research and Innovation”.

Water Resources Act 1991

15 (1) The Water Resources Act 1991 is amended as follows.

(2) In section 198 (information about underground water)—

(a) in subsection (1), for “the Natural Environment Research Council”
10substitute “United Kingdom Research and Innovation (“UKRI”)”,

(b) in subsection (2)(a), for “the Natural Environment Research Council”
substitute “UKRI”,

(c) in subsection (2)(b) and (c), for “that Council” substitute “UKRI”, and

(d) in subsection (4), for “the Natural Environment Research Council”
15substitute “UKRI”.

(3) In section 205 (confidentiality of information about underground water)—

(a) in subsection (1)—

(i) for “the Natural Environment Research Council” substitute
“United Kingdom Research and Innovation (“UKRI”)”, and

(ii) 20for “that Council” substitute “UKRI”, and

(b) in subsections (2) and (4)—

(i) for “the Natural Environment Research Council” substitute
“UKRI”, and

(ii) for “that Council” substitute “UKRI”.

25Scotland Act 1998

16 (1) In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) section
C12 is amended as follows.

(2) In the heading, at the beginning insert “United Kingdom Research and
Innovation and”.

(3) 30After the heading insert the following entry—

• ““United Kingdom Research and Innovation.””

(4) In the entry beginning “The subject-matter of section 5”, after “relating to”
insert “United Kingdom Research and Innovation and”.

(5) Omit the entry relating to the Arts and Humanities Research Council.

(6) 35In the entry beginning “The subject-matter of section 10”—

(a) for “that Act” substitute “the Higher Education Act 2004”, and

(b) for “that Council” substitute “United Kingdom Research and
Innovation”.

Northern Ireland Act 1998

17 40In Schedule 3 to the Northern Ireland Act 1998 (reserved matters) for

paragraph 35A substitute—

“35A United Kingdom Research and Innovation.””

Freedom of Information Act 2000

18 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
5authorities to which that Act applies) omit the following entries—

• ““The Arts and Humanities Research Council.”

• “The Biotechnology and Biological Sciences Research
  Council.”

• “The Economic and Social Research Council.”

• 10“The Engineering and Physical Sciences Research Council.”

• “The Medical Research Council.”

• “The Natural Environment Research Council.”

• “The Science and Technology Facilities Council.”

• “The Technology Strategy Board.””

15Higher Education Act 2004

19 Omit sections 1 to 9 of the Higher Education Act 2004 (which establish and
make provision in relation to the Arts and Humanities Research Council).

Natural Environment and Rural Communities Act 2006

20 In paragraph 9(a) of Schedule 5 to the Natural Environment and Rural
20Communities Act 2006 (application of enforcement provisions for the
purposes of the Conservation of Seals Act 1970) for “the Natural
Environment Research Council” substitute “United Kingdom Research and
Innovation”.

Government of Wales Act 2006

21 25In paragraph 5 of Part 1 of Schedule 7 to the Government of Wales Act 2006
(Acts of the National Assembly for Wales: subject of education and training)
before “Research Councils” insert “United Kingdom Research and
Innovation and”.

Marine (Scotland) Act 2010

22 30In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b) of the Marine
(Scotland) Act 2010 (duties on Scottish Ministers to consult) for “the Natural
Environment Research Council” substitute “United Kingdom Research and
Innovation”.

Welsh Language (Wales) Measure 2011

23 (1) 35The table in Schedule 6 to the Welsh Language (Wales) Measure 2011 (public
bodies etc: standards) is amended as follows.

(2) Omit the entries relating to—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) 40the Economic and Social Research Council,