Higher Education and Research Bill (HC Bill 4)

(b) after paragraph (d), insert—

“(da) a registered higher education provider as defined by
section 77 of the 2016 Act (other than one within
paragraph (a), (b), (c) or (d) of this section);”, and”

(c) 5in paragraph (f), after “the 1992 Act” insert “or section 40 of the 2016
Act”.

(3) After section 20 insert—

“20A Institutions in England that cease to be qualifying institutions

(1) An institution in England that ceases to be a qualifying institution is a
10“transitional institution” during the shorter of—

(a) the period of 12 months beginning with the day on which it
ceases to be a qualifying institution, and

(b) the period beginning with that day and ending when it becomes
a qualifying institution again,

15(and the shorter period is referred to in this section as “the transitional
period”).

(2) For the purposes of this Part, a transitional institution is to be treated as
continuing to be a qualifying institution in England during the
transitional period, subject to subsection (3).

(3) 20A complaint is not a qualifying complaint to the extent that it is about
an act or omission of a transitional institution which occurred on or
after the day on which the transitional period began.

(4) In section 12(3) (power of designated operator to determine when
certain complaints are qualifying complaints), the reference to a
25qualifying institution within paragraph (e) or (f) of section 11 includes
a transitional institution that was a qualifying institution within either
of those paragraphs immediately before the beginning of the
transitional period.””

(4) In section 21 (interpretation of Part 2)—

(a) 30number the existing text as subsection (1),

(b) in that subsection, omit the definition of “governing body”,

(c) in that subsection, after the definition of “higher education
corporation” insert—

• “““institution” includes a training provider in England who
  35would not otherwise be regarded as an institution;”,”

(d) in that subsection, at the end insert—

• “““training provider” means a person who provides
  training for members of the school workforce within the
  meaning of Part 3 of the Education Act 2005 (see section
  40100 of that Act).”, and”

(e) after that subsection insert—

“(2) In this Part “governing body”—

(a) in relation to a training provider in England who, but for
the definition of “institution” in subsection (1), would
45not be regarded as an institution, means any persons
responsible for the provider’s management;

(b) in relation to a provider of higher education designated
under section 76 of the Higher Education and Research
Act 2016, means any persons responsible for the
provider’s management;

(c) 5in relation to any other institution, has the meaning
given by section 90(1) of the 1992 Act, but subject to any
provision made by virtue of section 90(2) of that Act.””

(5) In section 118(8) of the Equality Act 2010 (time limits), in the definition of
“qualifying institution”, at the end insert “, disregarding paragraph (da) of that
10section and the definition of “institution” in section 21(1) of that Act”.

(6) In section 32(1) of the Counter-Terrorism and Security Act 2015 (monitoring of
performance: further and higher education bodies), in paragraph (a) of the
definition of “relevant higher education body”, after “2004” insert “,
disregarding paragraph (da) of that section and the definition of “institution”
15in section 21(1) of that Act”.

Deregulation of higher education corporations

82 Higher education corporations in England

Schedule 8 contains provision about higher education corporations in England.

Part 3 20Research

Establishment of United Kingdom Research and Innovation

83 United Kingdom Research and Innovation

(1) A body corporate called United Kingdom Research and Innovation is
established.

(2) 25In this Act that body is referred to as “UKRI”.

(3) Section 84 and Schedule 9 contain further provision about UKRI.

84 The Councils of UKRI

(1) UKRI is to have the following committees (referred to in this Part as the
“Councils”)—

(a) 30the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) the Economic and Social Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) 35the Natural Environment Research Council,

(g) the Science and Technology Facilities Council,

(h) Innovate UK, and

(i) Research England.

(2) The Secretary of State may by regulations amend subsection (1) so as to—

(a) add or omit a Council, or

(b) change the name of a Council.

(3) But the regulations may not omit, or change the name of, Innovate UK or
Research England.

5Research and innovation functions and role of the Councils

85 UK research and innovation functions

(1) UKRI may—

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

(b) facilitate, encourage and support research into science, technology,
10humanities and new ideas,

(c) facilitate, encourage and support the development and exploitation of
science, technology and new ideas,

(d) collect, disseminate and advance knowledge in and in connection with
science, technology, humanities and new ideas,

(e) 15promote awareness and understanding of science, technology,
humanities and new ideas,

(f) provide advice on any matter relating to any of its functions, and

(g) promote awareness and understanding of its activities.

(2) The activities which UKRI may carry out in, or in connection with, exercising
20a function conferred by subsection (1) are not restricted to the United
Kingdom.

(3) Section 86 makes further provision about the giving of financial support under
this section.

(4) Sections 87 to 90 provide for UKRI to make arrangements for the exercise of
25functions by the Councils on UKRI’s behalf.

86 Financial support: supplementary provision

(1) The power of UKRI under section 85 to give financial support includes, in particular,
power to make grants, loans or other payments.

(2) Financial support may be given by UKRI under that section on such terms and
30conditions as UKRI considers appropriate.

(3) The terms and conditions may, in particular—

(a) enable UKRI to require the repayment, in whole or in part, of sums paid
by UKRI if any of the terms and conditions subject to which the sums
were paid is not complied with,

(b) 35require the payment of interest in respect of any period during which a
sum due to UKRI in accordance with any of the terms and conditions
remains unpaid, and

(c) require a person to whom financial support is given to provide UKRI
with any information it requests for the purpose of the exercise of any
40of its functions.

(4) In exercising the power under section 85 to give financial support to any
person, UKRI must have regard to the desirability of not discouraging the
person from maintaining or developing funding from other sources.

87 Exercise of functions by science and humanities Councils

(1) UKRI must arrange for the Council listed in the first column of the following
table to exercise such functions of UKRI in respect of the field of activity listed
in the corresponding entry in the second column of the table as UKRI may
5determine.

(2) Arrangements under this section may, in particular, provide for the exercise by
25the Council concerned of UKRI’s functions under paragraph 8(1) and (2) of
Schedule 9 in relation to relevant specialist employees.

(3) A “relevant specialist employee”, in relation to a Council, means a researcher
or scientist employed by UKRI to work in the field of activity of that Council
(see the table in subsection (1)).

(4) 30Arrangements under this section must require the Council concerned, when
exercising any function to which the arrangements relate, to have regard to the
desirability of—

(a) contributing to economic growth in the United Kingdom, and

(b) improving quality of life (whether in the United Kingdom or
35elsewhere).

(5) The Secretary of State may by regulations—

(a) amend the first column of the table in subsection (1) in consequence of
provision made by regulations under section 84;

(b) amend the second column of that table.

88 Exercise of functions by Innovate UK

(1) UKRI must arrange for Innovate UK to exercise such functions of UKRI as
UKRI may determine for the purpose of increasing economic growth in the
United Kingdom.

(2) 5But arrangements may not be made under this section for the exercise by
Innovate UK of UKRI’s function mentioned in section 85(1)(a).

(3) Arrangements under this section must require Innovate UK, when exercising
any function to which the arrangements relate, to have regard to the
desirability of—

(a) 10benefitting (whether directly or indirectly) persons carrying on
business in the United Kingdom, and

(b) improving quality of life in the United Kingdom.

89 Exercise of functions by Research England

(1) UKRI must arrange for Research England to exercise such functions of UKRI
15as UKRI may determine for the purpose of giving financial support within
subsection (2) or (3).

(2) Financial support is within this subsection if it is given to the governing body
of an eligible higher education provider in respect of expenditure incurred, or
to be incurred, by the provider for the purposes of either or both of the
20following—

(a) the undertaking of research by the provider;

(b) the provision of facilities, or the carrying out of other activities, by the
provider which its governing body considers it is necessary or desirable
to provide or carry out for the purposes of, or in connection with,
25research.

(3) Financial support is within this subsection if it is given to any person in respect
of expenditure incurred, or to be incurred, by the person for the purposes of the
provision by any person of services for the purposes of, or in connection with,
the undertaking of research by eligible higher education providers receiving
30financial support which is within subsection (2).

(4) Arrangements under this section must require Research England, when
exercising a function for the purpose of giving financial support, to consult
such persons as Research England considers appropriate before determining
any terms and conditions to be imposed in relation to the financial support.

(5) 35“Eligible higher education provider” has the same meaning as in section 37.

90 Exercise of functions by the Councils: supplementary

(1) UKRI may arrange for any Council to exercise such other functions of UKRI as
UKRI may determine in addition to those exercisable by the Council pursuant
to arrangements under section 87, 88 or 89 (as the case may be).

(2) 40A function of UKRI which is exercisable by a Council on UKRI’s behalf
pursuant to arrangements under sections 87 to 89 or subsection (1) may also be
exercised by UKRI in other ways.

(3) Arrangements under sections 87 to 89 or subsection (1) must require the
Council concerned to provide UKRI with such advice or information about the

exercise of any function to which the arrangements relate as UKRI may require
it to provide.

Strategies and strategic delivery plans

91 UKRI’s research and innovation strategy

(1) 5UKRI must—

(a) if requested to do so by the Secretary of State, prepare a strategy for the
exercise of its functions during the period specified in the request, and

(b) submit the strategy to the Secretary of State for approval.

(2) A strategy under subsection (1) is referred to in this Part as a “research and
10innovation strategy”.

(3) A research and innovation strategy must specify—

(a) the period before the end of which each Council must submit a strategic
delivery plan to UKRI under section 92, and

(b) the period to which such a plan must relate.

(4) 15The Secretary of State may approve a research and innovation strategy with or
without modifications.

(5) UKRI must publish a research and innovation strategy approved under this
section in such manner as the Secretary of State may require it to be published.

92 Councils’ strategic delivery plans

(1) 20This section applies where UKRI publishes a research and innovation strategy
under section 91.

(2) UKRI must arrange for each Council to—

(a) prepare a strategic delivery plan for the period specified in the strategy
by virtue of section 91(3)(b), and

(b) 25submit it to UKRI for approval.

(3) The strategic delivery plan must be submitted before the end of the period
specified in the strategy by virtue of section 91(3)(a).

(4) A strategic delivery plan is a plan setting out the Council’s proposals for the
exercise by the Council, during the period to which the plan relates, of
30functions of UKRI pursuant to arrangements under sections 87 to 90.

(5) UKRI may approve a strategic delivery plan with or without modifications.

(6) UKRI must publish a strategic delivery plan approved under this section in
such manner as the Secretary of State may require it to be published.

(7) Arrangements under sections 87 to 90 must require the Council concerned,
35when exercising any function to which the arrangements relate, to do so in
accordance with any relevant strategic delivery plan.

(8) A strategic delivery plan is a “relevant strategic delivery plan” for the purposes
of subsection (7) if—

(a) it was prepared by the Council concerned and has been approved
40under this section, and

(b) it relates to the period during which the function concerned is being
exercised.

Funding and directions

93 Grants to UKRI from the Secretary of State

(1) 5The Secretary of State may make grants to UKRI of such amounts, and subject to such
terms and conditions, as the Secretary of State considers appropriate.

(2) Where a grant is made in respect of functions exercisable by Research England
pursuant to arrangements under section 89, any terms and conditions under
subsection (1) may not be framed by reference to—

(a) 10particular courses of study or programmes of research (including the
contents of courses or programmes and the manner in which they are
taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for
the admission of students.

(3) 15Terms and conditions under subsection (1) may, in particular—

(a) enable the Secretary of State to require the repayment, in whole or in
part, of sums paid by the Secretary of State if any of the terms and
conditions subject to which the sums were paid is not complied with,
and

(b) 20require the payment of interest in respect of any period during which a
sum due to the Secretary of State in accordance with any of the terms
and conditions remains unpaid.

94 Secretary of State’s power to give directions to UKRI

(1) The Secretary of State may give UKRI directions about the allocation or
25expenditure by UKRI of grants received under section 93.

(2) But the Secretary of State may not give a direction under this section in respect
of functions exercisable by Research England pursuant to arrangements under
section 89 which is framed by reference to—

(a) particular courses of study or programmes of research (including the
30contents of courses or programmes and the manner in which they are
taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for
the admission of students.

(3) UKRI must comply with any directions given under this section.

95 35Balanced funding and advice from UKRI

(1) The Secretary of State must have regard to the matters mentioned in subsection
(2) when—

(a) deciding to make a grant under section 93,

(b) determining any terms and conditions of a grant under that section, or

(c) 40giving a direction under section 94.

(2) The matters are—

(a) the balanced funding principle, and

(b) any advice provided to the Secretary of State by UKRI about the
allocation of funding in relation to its functions.

(3) The “balanced funding principle” is the principle that it is necessary to ensure
that a reasonable balance is achieved in the allocation of funding as between—

(a) 5functions exercisable by the Councils mentioned in section 87(1)
pursuant to arrangements under that section, and

(b) functions exercisable by Research England pursuant to arrangements
under section 89.

General functions

96 10General duties

(1) In exercising its functions, UKRI must have regard to the need to use its
resources in the most efficient, effective and economic way.

(2) In exercising its functions, including its duty under subsection (1), UKRI must
have regard to guidance given to it by the Secretary of State.

97 15Power to require information and advice from UKRI

(1) UKRI must provide the Secretary of State with—

(a) such information regarding any of its functions, or obtained in the
exercise of any of its functions, as the Secretary of State may require it
to provide, and

(b) 20such advice regarding any of its functions as the Secretary of State may
require it to provide.

(2) UKRI must provide information or advice under subsection (1) in such form as
the Secretary of State may require it to be provided.

98 Studies for improving economy, efficiency and effectiveness

(1) 25UKRI may arrange for studies falling within subsection (2) to be promoted or
carried out by a person.

(2) Studies fall within this subsection if they are designed to improve economy,
efficiency and effectiveness in carrying out activities in respect of which UKRI
gives financial support.

(3) 30A person promoting or carrying out such studies at the request of UKRI (“a
researcher”) may require the person carrying out the activities—

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

(b) 35to make available for inspection, to the researcher or an authorised
person, their accounts and such other documents as the researcher may
reasonably require for that purpose.

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

99 Provision of research services

(1) UKRI may, in connection with any of its functions, provide research services to
a person (whether or not in the United Kingdom).

(2) The following are “research services”—

(a) 5undertaking research in relation to science, technology, humanities or
new ideas;

(b) making facilities available for the undertaking of such research by
another person;

(c) the carrying out of any other activity for the purposes of, or in
10connection with, the undertaking of such research.

(3) Research services provided by virtue of this section may be provided subject to
such terms and conditions as UKRI considers appropriate.

(4) UKRI may charge for research services provided by virtue of this section.

100 Representing the United Kingdom

15UKRI must, if so requested by the Secretary of State, represent the government
of the United Kingdom in matters relating to international relations in any field
of activity connected to its functions.

Supplementary

101 Predecessor bodies and preservation of symbolic property

(1) 20The following bodies corporate (each a “research council”) cease to exist—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) the Economic and Social Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) 25the Medical Research Council,

(f) the Natural Environment Research Council,

(g) the Science and Technology Facilities Council, and

(h) the Technology Strategy Board.

(2) The Royal Charters establishing the research councils, and any supplemental
30Royal Charter granted to a council, are revoked.

(3) A property transfer scheme made by the Secretary of State under Schedule 10
in connection with a research council must, in particular, make provision for
the transfer of the symbolic property of the council to UKRI.

(4) The symbolic property of a research council is—

(a) 35the name of, and any other name used by, the council;

(b) any goodwill in a name falling within paragraph (a);

(c) any logo or insignia of the council;

(d) any seal of the council.

102 Definitions

(1) 40In this Part—

Higher Education and Research BillPage 59

• “Council” has the meaning given in section 84;

• “humanities” includes the arts;

• “research and innovation strategy” has the meaning given in section 91;

• “science” includes social science.

(2) 5In this Part, a reference to the United Kingdom includes a reference to any part
of the United Kingdom.

Part 4 General

General

103 10Cooperation and information sharing between OfS and UKRI

(1) The OfS and UKRI may cooperate with one another in exercising any of their
functions.

(2) The OfS and UKRI must, if required to do so by the Secretary of State,
cooperate with one another in exercising any of their functions.

(3) 15The OfS may provide information to UKRI if the disclosure is made for the
purposes of the exercise of any function of UKRI.

(4) UKRI may provide information to the OfS if the disclosure is made for the
purposes of the exercise of any function of the OfS.

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

(a) 20an obligation of confidence owed by the person making the disclosure,
or

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

(6) But nothing in this section authorises the OfS or UKRI to provide information
25where doing so contravenes the Data Protection Act 1998.

104 Transfer schemes

Schedule 10 contains provision about schemes for the transfer of staff and property,
rights and liabilities in connection with—

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

(b) 30a body or office ceasing to exist by virtue of this Act.

105 Power to make consequential provision etc

(1) The Secretary of State may by regulations make such provision as appears to
the Secretary of State to be appropriate in consequence of any provision made
by or under this Act.

(2) 35The power conferred by subsection (1) includes power to amend, repeal,
revoke or otherwise modify—

(a) primary or secondary legislation passed or made before this Act or in
the same Session as this Act, or