(b) subject to subsection (3), a Royal Charter granted before this Act is
passed or in the same Session as this Act.

(3) Provision may be made under subsection (1) by virtue of subsection (2)(b) only
if such provision appears to the Secretary of State to be appropriate in
5consequence of provision made by or under any of sections 40 to 55 (degree
awarding powers and university title).

106 Transitional, transitory or saving provision

The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
10with the coming into force of any provision of this Act.

107 Regulations

(1) Any power to make regulations under this Act is exercisable by statutory
instrument.

(2) A statutory instrument which contains (whether alone or with other provision)
15any of the following may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 15(2) (power to impose monetary penalties);

(b) regulations under section 28(5) (regulations regarding the OfS’s
approval of access and participation plans);

(c) 20regulations under section 31(1) (content of such a plan: equality of
opportunity);

(d) regulations under section 84(2) (regulations changing the structure of
UKRI’s Councils);

(e) regulations under section 87(5) (regulations in connection with changes
25made to structure of UKRI’s Councils or changing the fields of activity
of the Councils);

(f) regulations under section 105(1) (power to make consequential
provision) which include provision that amends or repeals a provision
of primary legislation or a Royal Charter.

(3) 30Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.

(4) But subsection (3) does not apply to regulations under Schedule 2 to which
paragraph 4(2)(b), (3)(b) or (4)(b) (regulations increasing the higher, basic or
floor amounts) applies.

(5) 35Regulations under this Act may—

(a) make different provision for different purposes, cases or areas,

(b) make provision generally or only in relation to specified cases, and

(c) make incidental, consequential, supplementary, transitional, transitory
or saving provision.

(6) 40Nothing in this Act is to be regarded as affecting the generality of subsection
(5).

(7) This section does not apply to regulations made under section 112
(commencement).

108 Directions

Any power conferred by this Act to give directions includes power, exercisable
in the same manner and subject to the same conditions or limitations, to vary
or revoke directions previously given.

109 5General interpretation

In this Act—

• “notice” means written notice (and to “notify” means to give written
  notice);

• “the OfS” has the meaning given by section 1;

• 10“primary legislation” means—

  (a)

  an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales;

  (d)

  Northern Ireland legislation;

• 15“secondary legislation” means an instrument made under primary
  legislation;

• “UKRI” has the meaning given by section 83.

110 Minor and consequential amendments

(1) Schedule 11 contains minor and consequential amendments relating to Part 1.

(2) 20Schedule 12 contains minor and consequential amendments relating to Part 3.

111 Extent

(1) Subject to the rest of this section, this Act extends to England and Wales only.

(2) The following provisions also extend to Scotland and Northern Ireland—

(a) sections 71 and 72 (powers to obtain and use application-to-acceptance
25data);

(b) Part 3 (research);

(c) this Part.

(3) Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the enactment amended or repealed.

(4) 30Subsection (3) does not apply to the amendment made by section 78(4) (power
to make alternative payments) which—

(a) so far as it inserts subsection (4B)(d) into section 22 of the Teaching and
Higher Education Act 1998, extends to England and Wales, Scotland
and Northern Ireland,

(b) 35so far as it inserts subsection (4B)(e), (f) and (g) into that section, extends
to England and Wales and Northern Ireland, and

(c) otherwise extends to England and Wales only.

112 Commencement

(1) This Part, apart from section 103, comes into force on the day on which this Act
40is passed.

(2) The remaining provisions of this Act come into force on such day as the
Secretary of State may by regulations made by statutory instrument appoint.

(3) Before making regulations bringing section 78 (power to make alternative
payments) into force, the Secretary of State must consult the Welsh Ministers.

(4) 5Regulations under this section may appoint different days for different
purposes or areas.

113 Short title

(1) This Act may be cited as the Higher Education and Research Act 2016.

(2) This Act is to be included in the list of Education Acts set out in section 578 of
10the Education Act 1996.

SCHEDULES

Section 1

SCHEDULE 1 The Office for Students

Status

1 (1) 5The OfS 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) The OfS’s property is not to be regarded—

(a) as the property of the Crown, or

(b) 10as property held on behalf of the Crown.

Membership

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

(a) a chair (“the chair”),

(b) 15the Chief Executive Officer,

(c) the Director for Fair Access and Participation, and

(d) at least seven and not more than twelve other members (“the
ordinary members”).

(2) The Secretary of State must, in appointing the chair and the ordinary
20members, have regard to the desirability of the OfS’s members (between
them) having experience of—

(a) representing or promoting the interests of individual students, or
students generally, on higher education courses provided by higher
education providers,

(b) 25providing higher education on behalf of an English higher education
provider or being responsible for the provision of higher education
by such a provider,

(c) employing graduates of higher education courses provided by
higher education providers covering a range of academic and
30practical disciplines,

(d) promoting choice for consumers or other service users, and
encouraging competition, in industry or another sector of society,

(e) creating, reviewing, implementing or managing a regulatory system
in industry or another sector of society,

(f) 35managing or auditing the financial affairs of an organisation, and

(g) a broad range of the different types of English higher education
providers.

(3) A person may not be appointed as a member of the OfS if the person is a civil
servant.

(4) In this Schedule, “civil servant” means a person employed in the civil service
of the State.

5The Director for Fair Access and Participation

3 (1) The Director for Fair Access and Participation (“the Director”) is responsible
for reporting to the other members of the OfS on the performance by the OfS
of its access and participation functions.

(2) The Director may also report to the other members of the OfS on the
10measures taken by the OfS to comply with its duty under section 2(1)(d)
(duty to have regard to the need to promote equality of opportunity etc) in
performing a particular function of the OfS.

(3) For the purposes of this paragraph, the OfS’s “access and participation
functions” are the functions conferred on it by or under—

(a) 15section 21 (refusal to renew an access and participation plan),

(b) sections 28 to 33 (access and participation plans),

(c) section 34 (advice on good practice),

(d) section 35 (duty to protect academic freedom in performing certain
access and participation functions), and

(e) 20section 36 (power of the Secretary of State to require a report).

Terms of appointment and tenure of members

4 (1) A person holds and vacates office as a member of the OfS in accordance with
the terms of his or her appointment.

(2) The terms and conditions of a person’s appointment as a member of the OfS
25are to be determined by the Secretary of State; but that is subject to the
following provisions of this Schedule.

(3) The matters with which the terms and conditions of a member’s
appointment may deal include, in particular—

(a) the period for which the member is to hold office;

(b) 30the member’s eligibility for re-appointment;

(c) circumstances in which membership may be suspended.

5 (1) A person may resign from office as a member of the OfS by notifying the
Secretary of State.

(2) The Secretary of State may remove a person from office as a member of the
35OfS on any of the following grounds—

(a) absence from the OfS’s meetings for a continuous period of more
than six months without the OfS’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.

(3) 40If a person appointed as a member of the OfS becomes a civil servant, the
person ceases to be a member.

Remuneration etc of the members

6 (1) The OfS must pay to members of the OfS such remuneration, allowances and
expenses as the Secretary of State may determine.

(2) The OfS must pay, or make provision for paying, to or in respect of a person
5who is or has been a member of the OfS such sums as the Secretary of State
may determine in respect of pension, allowances, expenses or gratuities.

(3) If, where a person ceases to be a member of the OfS, the Secretary of State
determines that he or she should be compensated because of special
circumstances, the OfS must pay him or her compensation of such amount
10as the Secretary of State may determine.

Staffing of the OfS

7 (1) The OfS may—

(a) appoint employees, and

(b) make such other arrangements for the staffing of the OfS as it
15considers appropriate.

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

(3) The OfS must pay its employees such remuneration, allowances and
expenses as the OfS may determine with the approval of the Secretary of
20State.

(4) In 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—

• ““Office for Students.””

(5) 25The OfS must pay to the Minister for the Civil Service, at such times as the
Minister 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

8 (1) 30The OfS may establish committees, and any committee so established may
establish sub-committees.

(2) A committee or sub-committee so established is referred to in this Schedule
as an “OfS committee”.

(3) An OfS committee may consist of or include persons who are neither
35members, nor employees, of the OfS.

(4) The OfS must pay such allowances as the Secretary of State may determine
to any person who—

(a) is a member of an OfS committee, but

(b) is neither a member, nor an employee, of the OfS.

(5) 40The OfS must keep under review—

(a) the structure of the OfS committees, and

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

Procedure

9 (1) The OfS may determine—

(a) its own procedure, and

(b) the procedure of any OfS committee;

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

(2) The quorum for a meeting of the OfS is half the number of its members.

(3) A representative of the Secretary of State is entitled—

(a) to attend any meeting of the OfS or of any OfS committee, and

(b) to take part in any deliberations (but not in decisions) at such
10meetings.

(4) The OfS must provide the Secretary of State, or a representative of the
Secretary of State, with such copies of documents distributed to its members
or to any OfS committee as the Secretary of State or representative may
require it to provide.

10 15The validity of any proceedings of the OfS, or of any OfS committee, is not
affected by a vacancy or a defective appointment.

Delegation of functions

11 (1) The OfS may delegate any of its functions to—

(a) a member of the OfS,

(b) 20an employee of the OfS authorised for that purpose, or

(c) an OfS committee.

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

Accounts and audit

12 (1) 25The OfS must—

(a) keep 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) 30its content and form;

(b) the 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) The OfS must send a copy of each statement of accounts to the Secretary of
35State 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) examine, certify and report on each statement of accounts, and

(b) send a copy of each report and certified statement to the Secretary of
40State.

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

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

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

(b) each successive period of 12 months.

5Annual report

13 (1) The OfS must prepare a report on the performance 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
10after the end of the financial year.

(4) The OfS must send the report to the Secretary of State.

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

Seal and evidence

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

(a) 15the chair or some other person authorised for that purpose by the
OfS, and

(b) one other member of the OfS.

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

(a) 20is to be received in evidence, and

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

Supplementary powers

15 (1) The OfS may do anything (except borrow money) which appears to it to be
25necessary or expedient for the purpose of, or in connection with, the
performance of its functions.

(2) In particular, the OfS may—

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

(b) enter into contracts,

(c) 30invest sums, and

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

Public records

16 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records), at the appropriate place insert—

• 35““Office for Students.””

Investigation by the Parliamentary Commissioner

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

• ““Office for Students.””

House of Commons disqualification

18 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—

• 5““The Office for Students.””

Northern Ireland Assembly disqualification

19 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—

• 10““The Office for Students.””

Freedom of information

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

• ““The Office for Students.””

15Public sector equality duty

21 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
public sector equality duty), in the group of entries under the heading
“Other educational bodies”, at the appropriate place insert—

• ““The Office for Students.””

Section 10

20SCHEDULE 2 The fee limit

Introduction

1 (1) This Schedule is about determining the amount of “the fee limit” where a fee
limit condition is an ongoing registration condition of a registered higher
25education provider.

(2) The amount of “the fee limit” for the purposes of applying that condition to
fees in connection with a qualifying course and in respect of an academic
year is determined in as follows.

(3) References to “the relevant course” and “the relevant academic year” are to
30that course and year.

The fee limit where the provider has an access and participation plan

2 (1) This paragraph applies if an access and participation plan approved by the
OfS under section 28 in relation to the provider is in force, or comes into
force, when the relevant academic year begins.

(2) 35If the provider—

(a) had a high level quality rating at the relevant time, the fee limit is
such limit, not exceeding the higher amount, as is provided by the
plan for the relevant course and for the relevant academic year, and

(b) in any other case, the fee limit is such limit, not exceeding the
5applicable sub-level amount, as is provided by the plan for the
relevant course and for the relevant academic year.

(3) “A high level quality rating” means such rating or ratings given in
accordance with arrangements made under section 25 (rating the quality of,
and standards applicable to, higher education) as the Secretary of State
10determines to be a high level quality rating for the purposes of this
paragraph.

(4) “The relevant time” means at the time when the access and participation
plan is approved.

(5) “The higher amount” means such amount as may be prescribed for the
15purposes of this paragraph as the higher amount.

(6) The Secretary of State determines “the sub-level amount” for the purposes of
this paragraph, and may determine different amounts for different
descriptions of provider.

(7) Those descriptions may be by reference only to—

(a) 20whether a provider has or has not a rating given to it in accordance
with arrangements under section 25, and

(b) where it has such a rating, the level, type or other description of the
rating.

(8) Any amount determined as “the sub-level amount”—

(a) 25must not exceed the higher amount, and

(b) must be greater than the floor amount.

(9) “The floor amount” means such amount as may be prescribed for the
purposes of this paragraph as the floor amount.

(10) The “applicable” sub-level amount in relation to a provider is the sub-level
30amount determined under sub-paragraph (6) which applies to the provider.

(11) “Prescribed” means prescribed by regulations made by the Secretary of
State.

The fee limit where the provider has no access and participation plan

3 (1) This paragraph applies if an access and participation plan approved by the
35OfS under section 28 in relation to the provider is not in force, and does not
come into force, when the relevant academic year begins.

(2) If the provider—

(a) had a high level quality rating within the meaning of paragraph 2 at
the relevant time, the fee limit is the basic amount, and

(b) 40in any other case, the fee limit is the applicable sub-level amount.

(3) “The relevant time” means on 1 January in the calendar year before the
calendar year in which the relevant academic year begins.

(4) “The basic amount” means such amount as may be prescribed for the
purposes of this paragraph as the basic amount.