Higher Education and Research Bill (HC Bill 4)

Powers in relation to “university” title

51 Use of “university” in title of institution

(1) Section 77 of the Further and Higher Education Act 1992 (use of “university” in
title of institution) is amended as follows.

(2) 5Before subsection (1) insert—

“(A1) Where—

(a) power is conferred by any enactment or instrument to change
the name of any educational institution or any body corporate
carrying on such an institution,

(b) 10the educational institution is a registered higher education
provider, and

(c) the power is exercisable with the consent of the Privy Council,

then, the power may be exercised so as to include the word “university”
in the name of the institution and, if it is carried on by a body corporate,
15in the name of the body, but only if the Office for Students (instead of
the Privy Council) consents to that exercise of the power.””

(3) In subsection (1)—

(a) in paragraph (b), after “institution” insert “is in Wales and”, and

(b) omit “(whether or not the institution would apart from this section be a
20university)”.

(4) After subsection (1) insert—

“(1A) Subsections (A1) and (1) apply whether or not the educational
institution would, apart from this section, be a university”.”

(5) In subsection (2)—

(a) 25after “in subsection” insert “(A1) or”, and

(b) for “that subsection” substitute “subsections (A1) and (1)”.

(6) In subsection (3), after “name” insert “the Office for Students and”.

(7) In subsection (4), after “subsection” insert “(A1) or”.

(8) After subsection (4) insert—

“(5) 30In subsection (A1), “registered higher education provider” has the same
meaning as in Part 1 of the Higher Education and Research Act 2016
(see section 77 of that Act).

(6) For the purposes of subsection (1), an educational institution is in Wales
if the institution’s activities are carried on, or principally carried on, in
35Wales.””

(9) The amendments made by this section do not affect the continuing validity of
any consents given by the Privy Council under section 77 of the Further and
Higher Education Act 1992 before the coming into force of this section.

52 Unauthorised use of “university” in title of institution etc

(1) 40Section 39 of the Teaching and Higher Education Act 1998 (unauthorised use
of “university” in title of institution etc) is amended as follows.

(2) Before subsection (1) insert—

“(A1) A relevant institution in England must not, when making available (or
offering to make available) educational services, do so under a name
which includes the word “university” unless the inclusion of that word
5in that name is—

(a) authorised by or by virtue of any Act or Royal Charter, or

(b) approved by the Office for Students for the purposes of this
section.””

(3) In subsection (1), omit “England or”.

(4) 10In subsection (2)—

(a) for “such an institution” substitute “a relevant institution in England or
a relevant institution in Wales”, and

(b) after “subsection” insert “(A1) or”.

(5) In subsection (3), after “Subsection” insert “(A1),”.

(6) 15In subsection (4), after “subsection” insert “(A1),”.

(7) In subsection (5), after “this section” insert “the Office for Students and”.

(8) After subsection (5) insert—

“(5A) The power of the Office for Students under subsection (A1) or (2) is not
exercisable in a case where the inclusion of the word “university” in the
20name in question may be authorised by virtue of any other Act or any
Royal Charter.

(5B) But that does not prevent the power of the Office for Students under
subsection (A1) or (2) being exercisable where the inclusion of the word
“university” in the name in question has approval, or may require
25approval, under section 55 or 1194 of the Companies Act 2006.

(5C) Where approval is given by the Office for Students under subsection
(A1) or (2) in such a case, that does not affect any requirement for
approval under section 55 or 1194 of the Companies Act 2006.””

(9) In subsection (7), for the definition of “relevant institution” substitute—

• 30““relevant institution in England” means a registered higher
  education provider as defined by section 77 of the Higher
  Education and Research Act 2016;

• “relevant institution in Wales” means—

  (a)

  an institution in Wales within the further education
  35sector as defined by section 91(3) of the Further and
  Higher Education Act 1992, or

  (b)

  an institution in Wales within the higher education
  sector as defined by section 91(5) of that Act;”.”

(10) After subsection (7) insert—

“(8) 40For the purposes of this section, an institution is in England or is in
Wales if the institution’s activities are carried on, or principally carried
on, in England or, as the case may be, in Wales.””

(11) The amendments made by this section do not affect the continuing validity of
any approvals given by the Privy Council under section 39 of the Teaching and
Higher Education Act 1992 before the coming into force of this section.

53 Revocation of authorisation to use “university” title

(1) 5The OfS may by order revoke any authorisation, consent or other approval
given by or by virtue of—

(a) an Act (other than the Companies Act 2006), or

(b) a Royal Charter,

to an institution in England to include the word “university” in its name.

(2) 10That is the case even if the authorisation, consent or other approval was
granted for an indefinite period.

(3) The OfS may, in particular, make an order under subsection (1) if—

(a) in the case of approval or consent given by it under section 77 of the
Further and Higher Education Act 1992 or section 39 of the Teaching
15and Higher Education Act 1998, the institution ceases to be a registered
higher education provider, or

(b) in any other case, the institution is not a registered higher education
provider.

(4) The OfS’s power to make an order under subsection (1) is exercisable by
20statutory instrument; and the Statutory Instruments Act 1946 is to apply to
such an instrument as if the order had been made by a Minister of the Crown.

(5) An order under subsection (1) may make incidental, supplementary,
transitional or saving provision.

(6) Any power to revoke an authorisation, consent or other approval mentioned in
25subsection (1), which is a power which exists immediately before the coming
into force of this section, ceases to exist on that coming into force.

54 Revocation of authorisation: procedure

(1) Before making an order under section 53(1) revoking the authorisation,
consent or other approval given to an institution to include the word
30“university” in its name, the OfS must notify the governing body of the
institution of its intention to do so.

(2) The notice must—

(a) specify the OfS’s reasons for proposing to take the step in question,

(b) specify the period during which the governing body of the institution
35may 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) 40The OfS must have regard to any representations made by the governing body
of the institution during the specified period in deciding whether to take the
step in question.

(5) Having decided whether or not to take the step in question, the OfS must notify
the governing body of the institution of its decision.

(6) If the OfS decides to revoke the authorisation, consent or other approval given
to an institution to include the word “university” in its name, the order under
5section 53(1) must specify the date when the revocation takes effect.

(7) The notice must also contain information as to—

(a) the rights of appeal, and

(b) the period within which an appeal may be made.

(8) The revocation may not take effect at any time when an appeal could be
10brought against the decision to revoke the authorisation, consent or other
approval, or such an appeal is pending.

(9) But that does not prevent the revocation taking effect if the governing body of
the institution notifies the OfS that it does not intend to appeal.

55 Appeals against revocation of authorisation

(1) 15The governing body of an institution may appeal to the First-tier Tribunal
against a decision of the OfS to revoke, by an order under section 53(1), an
authorisation, consent or other approval given to the institution to include the
word “university” in its name.

(2) An appeal may be on the grounds—

(a) 20that 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 decision;

(b) 25confirm the decision;

(c) remit the decision whether to confirm the decision, or any matter
relating to that decision, to the OfS.

Powers of entry and search

56 Entering and searching premises with a warrant

(1) 30Schedule 5 makes provision about powers to enter and search premises in
England occupied by supported higher education providers.

(2) “Supported higher education provider” means a registered higher education
provider which—

(a) is funded wholly or partly by a grant, loan or other payment from the
35OfS under section 37 or 38 (financial support for providers), or

(b) provides higher education courses which are designated for the
purposes of section 22 of the Teaching and Higher Education Act 1998
(financial support for students) by or under regulations made under
that section.

Information powers

57 Power to require information from unregistered providers

(1) The OfS may by notice require the governing body of an unregistered provider
to provide the OfS with such information for the purposes of the performance
5of the OfS’s functions as the OfS requests in the notice.

(2) A notice under subsection (1) may require the information to be provided—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(3) If a governing body fails to comply with a notice under subsection (1) and does
10not satisfy the OfS that it is unable to provide the information, the OfS may
enforce the duty to comply with the notice in civil proceedings for an
injunction.

(4) “An unregistered provider” is an English higher education provider which is
not a registered higher education provider.

(5) 15See section 8(1)(b) for the ongoing registration condition of a registered higher
education provider to provide information to the OfS.

58 Cooperation and information sharing by OfS

(1) The OfS—

(a) may cooperate with any person where it considers it appropriate to do
20so for the efficient performance of a function of the OfS, and

(b) must cooperate with a person in the performance of such a function if
required to do so by the Secretary of State.

(2) The OfS—

(a) may cooperate with a relevant person where it considers it appropriate
25to do so for the efficient performance of a relevant function of the
relevant person, and

(b) must cooperate with a relevant person in the performance of such a
function if required to do so by the Secretary of State.

(3) The OfS may provide information to any person if the disclosure is made for
30the purposes of the performance of a function of the OfS.

(4) The OfS may provide information to a relevant person if the disclosure is made
for the purposes of the performance of a relevant function of the relevant
person.

(5) Provision of information by the OfS which is authorised by this section does
35not breach—

(a) an obligation of confidence owed by the OfS, or

(b) any other restriction on the provision of information (however
imposed).

(6) But nothing in this section authorises the OfS to provide information where
40doing so contravenes the Data Protection Act 1998.

(7) In this section—

• “relevant person” means—

  Higher Education and Research BillPage 35

  (a)

  the Privy Council, or

  (b)

  a person prescribed by regulations made by the Secretary of
  State;

• “relevant function” means—

  (a)

  5in relation to the Privy Council, any of its functions;

  (b)

  in relation to any other relevant person, a function prescribed
  by regulations made by the Secretary of State.

(8) Regulations under this section prescribing functions of a relevant person may
prescribe all of the person’s functions.

10Publication of information

59 Duty to publish English higher education information

(1) The relevant body must publish, or arrange for the publication of, such
information relating to higher education courses provided in England by
registered higher education providers as the OfS considers appropriate.

(2) 15In this section “the relevant body” means—

(a) the designated body (see section 60), or

(b) if there is no such body, the OfS.

(3) The information must be published—

(a) at times that the OfS considers appropriate, and

(b) 20at least once a year.

(4) The information must be published in a form and manner that the OfS
considers appropriate.

(5) When determining what information should be published, and when and how
it should be published, the OfS must in particular consider what would be
25helpful to—

(a) students on higher education courses provided in England by
registered higher education providers;

(b) people thinking about undertaking such courses;

(c) registered higher education providers.

(6) 30The OfS must from time to time consult the following about the matters
described in subsection (5)—

(a) a number of registered higher education providers that, taken together,
appear to the OfS to comprise a broad range of the different types of
such providers,

(b) 35a number of persons that, taken together, appear to the OfS to
represent, or promote the interests of, a broad range of students on
higher education courses provided in England by registered higher
education providers,

(c) a number of persons that, taken together, appear to the OfS to
40represent, or promote the interests of, a broad range of employers of
graduates, and

(d) such other persons as the OfS considers appropriate.

(7) In performing the duty under subsection (1), the relevant body must—

(a) cooperate with other persons who collect information from registered
higher education providers, and

(b) have regard to the desirability of reducing the burdens on such
providers relating to the collection of information.

(8) 5In carrying out its other functions under this section, the OfS must have regard
to the desirability of reducing the burdens described in subsection (7)(b).

(9) The functions conferred by this section do not affect any other functions of the
OfS regarding information.

(10) In this section “graduate” means a graduate of a higher education course
10provided in England by a registered higher education provider.

60 Designated body

(1) In section 59 and this section, “designated body” means a body for the time
being designated under Schedule 6.

(2) In Schedule 6—

(a) 15Part 1 makes provision about the designation of a body for the
purposes of section 59, and

(b) Part 2 makes provision about oversight of the designated body by the
OfS.

(3) If there is a designated body, the OfS must have regard to the views of that
20body when making a decision under section 59 about what information should
be published and when and how it should be published.

(4) A person listed in subsection (5) may by notice require a designated body to
provide the person with information which is held by the designated body for
the purposes of the performance of its duty under section 59(1).

(5) 25Those persons are—

(a) the OfS,

(b) UKRI, and

(c) the Secretary of State.

(6) A person may give a notice under subsection (4) only in respect of information
30which is required by the person for the purposes of the performance of any of
the person’s functions.

(7) A notice under subsection (4) may require the information to be provided—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(8) 35If a designated body fails to comply with a notice under subsection (4) and
does not satisfy the person who gave the notice that it is unable to provide the
information, that person may enforce the duty to comply with the notice in
civil proceedings for an injunction.

61 Power of designated body to charge fees

(1) 40A designated body may charge an annual fee to any registered higher education
provider in respect of costs incurred, or to be incurred, by the body in the performance
by the body of its duty under section 59(1) and its other functions under this Act.

(2) The amount of a fee payable by a registered higher education provider under
this section may be calculated by reference to costs incurred, or to be incurred,
by the body in the performance by the body of any of its functions under this
Act which are unconnected with the provider.

(3) 5The total fees payable under this section in any period of 12 months must not
exceed the total costs incurred by the body in that period in the performance
by the body of its functions under this Act.

(4) The designated body must publish—

(a) a statement of the amount of the fees which it charges under this section
10and the basis on which they are calculated, and

(b) revised statements where the amount of the fees or the basis on which
they are calculated changes.

(5) “Designated body” has the same meaning as in section 60.

Efficiency studies etc

62 15Studies for improving economy, efficiency and effectiveness

(1) The OfS may arrange for studies designed to improve economy, efficiency and
effectiveness in the management or operations of a registered higher education
provider to be promoted or carried out by a person.

(2) A person promoting or carrying out such studies at the request of the OfS (“a
20researcher”) may require the governing body of the provider concerned—

(a) to provide the researcher or an authorised person with such
information as the researcher may reasonably require for that purpose,
and

(b) to make available for inspection, to the researcher or an authorised
25person, their accounts and such other documents as the researcher may
reasonably require for that purpose.

(3) “Authorised person” means a person authorised by the researcher.

Funding of the OfS

63 Registration fees

(1) 30The OfS may, in accordance with regulations made by the Secretary of State, charge an
institution either or both of the following—

(a) a fee for its initial registration in the register;

(b) a fee for its ongoing registration in the register for each period of twelve
months.

(2) 35The regulations may, in particular, make provision—

(a) about the amounts which may be charged, including different amounts
for different institutions;

(b) about the charging of proportions of those amounts in certain
circumstances;

(c) 40about when a fee is payable, including about payment by instalments;

(d) about the consequences of non-payment;

(e) about notification of institutions of the fees payable, when they are
payable and the consequences of non-payment;

(f) about the recovery of fees and of costs in recovering those fees;

(g) about the imposition of financial penalties for late payment of fees;

(h) 5about rights of appeal in respect of the imposition of such penalties;

(i) about the charging of interest;

(j) about the waiving or refunding of fees.

(3) The regulations may provide for the amounts of fees to be calculated by
reference to costs incurred, or to be incurred, by the OfS in the performance of
10any of its functions (including costs unconnected with maintaining the register
or with the institution in question).

(4) Regulations under this section may be made only with the consent of the
Treasury.

64 Other fees

(1) 15The OfS may, in accordance with regulations made by the Secretary of State,
charge a fee for—

(a) any activity undertaken by the OfS in the performance of its functions
which is specified in the regulations;

(b) any service provided by it in the performance of its functions which is
20specified in the regulations.

(2) The regulations may, in particular, make provision—

(a) about the persons required to pay the fees (“payees”);

(b) about the amounts which may be charged, including different amounts
for different payees;

(c) 25about the charging of proportions of those amounts in certain
circumstances;

(d) about when a fee is payable, including about payment by instalments;

(e) about the consequences of non-payment;

(f) about notification of payees of the fees payable, when they are payable
30and the consequences of non-payment;

(g) about the recovery of fees and of costs in recovering those fees;

(h) about the imposition of financial penalties for late payment of fees;

(i) about rights of appeal in respect of the imposition of such penalties;

(j) about the charging of interest;

(k) 35about the waiving or refunding of fees.

(3) The regulations may provide for the amounts of fees to be calculated by
reference to costs incurred by the OfS in the performance of the activity or
service in question in relation to a person other than the payee.

(4) If costs incurred by the OfS are costs by reference to which fees under section
4063 are calculated as a result of regulations made under that section, fees
calculated by reference to those costs may not be charged under this section.

(5) Regulations under this section may be made only with the consent of the
Treasury.

65 Costs recovery

(1) The OfS may, by notice, require the governing body of a provider in relation to
which a sanction has been imposed to pay the costs incurred by the OfS in
relation to imposing the sanction up to the date of notification.

(2) 5The references in subsection (1) to imposing a sanction are to—

(a) imposing a monetary penalty under section 15;

(b) suspending a provider’s registration under section 16;

(c) removing a provider from the register under section 18.

(3) “Costs” includes, in particular, investigation costs, administration costs and
10costs of obtaining expert advice (including legal advice).

(4) “The date of notification” means the date on which the OfS notified the
provider of its decision—

(a) in the case of a monetary penalty, under paragraph 2(5) of Schedule 3;

(b) in the case of suspension, under section 17(5);

(c) 15in the case of removal, under section 19(5).

(5) Schedule 7 contains provision about—

(a) the procedure for imposing a requirement to pay costs,

(b) rights of appeal, and

(c) the recovery of the amount required to be paid and interest.

66 20Grants from the Secretary of State

(1) The Secretary of State may make grants to the OfS of such amounts, and subject to such
terms and conditions, as the Secretary of State considers appropriate.

(2) The terms and conditions under subsection (1) may, in particular, be framed by
reference to particular courses of study.

(3) 25But in determining the terms and conditions under subsection (1), the
Secretary of State must have regard to the need to protect academic freedom,
including, in particular, the freedom of institutions—

(a) to determine the content of particular courses and the manner in which
they are taught, supervised or assessed,

(b) 30to determine the criteria for the selection, appointment and dismissal of
academic staff and apply those criteria in particular cases, and

(c) to determine the criteria for the admission of students and apply those
criteria in particular cases.

(4) So the terms and conditions under subsection (1) must not relate to—

(a) 35particular 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) 40the criteria for the admission of students, or how they are applied.

(5) Terms and conditions under subsection (1) relating to the provision of financial
support by the OfS under section 37 or 38 (financial support to registered
higher education providers and others) may be imposed only if—