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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 21 November 2016

Report Stage Proceedings

Higher Education and Research Bill, As

Amended

Glossary

This document shows the fate of each clause, schedule, amendment and new clause.

The following terms are used:

Agreed to: agreed without a vote.

Agreed to on division: agreed following a vote.

Negatived: rejected without a vote.

Negatived on division: rejected following a vote.

Not called: debated in a group of amendments, but not put to a decision.

Not moved: not debated or put to a decision.

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

Not selected: not chosen for debate by the Speaker.

New ClauseS

Secretary Justine Greening

Agreed to  NC1

To move the following Clause—

“Duty to monitor and report on financial sustainability

(1)    

The OfS must monitor the financial sustainability of the following registered

higher education providers—

(a)    

those who are funded wholly or partly by a grant, loan or other payment

from the OfS under section 37 or 38 (financial support for providers),

(b)    

those who are not so funded but are eligible to receive such funding under

section 37 or 38, and

(c)    

those who provide higher education courses which are designated for the

purposes of section 22 of the Teaching and Higher Education Act 1998

Report Stage Proceedings: 21 November 2016              

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Higher Education and Research Bill, continued

(financial support for students) by or under regulations made under that

section.

(2)    

The OfS must include in its annual report a financial sustainability summary for

the financial year to which the report relates.

(3)    

“A financial sustainability summary” for a financial year is a summary of

conclusions drawn by the OfS for that year, from its monitoring under subsection

(1), regarding relevant patterns, trends or other matters which it has identified.

(4)    

Patterns, trends or other matters are “relevant” if—

(a)    

they relate to the financial sustainability of some or all of the registered

higher education providers monitored under subsection (1), and

(b)    

the OfS considers that they are appropriate to be brought to the attention

of the Secretary of State.

(5)    

In this section—

“annual report” means the annual report under paragraph 13 of Schedule 1;

“financial year” has the same meaning as in that Schedule (see paragraph

12(6)).”

Wes Streeting

Paul Blomfield

Stella Creasy

Catherine McKinnell

Alison McGovern

Mr Ben Bradshaw

Dan Jarvis

Liz Kendall

Mr Chuka Umunna

Graham Jones

Anna Turley

Mr Gavin Shuker

Ann Coffey

Caroline Lucas

Tristram Hunt

Conor McGinn

Rachel Reeves

Angela Smith

Vernon Coaker

Ruth Smeeth

Mike Gapes

Dr Roberta Blackman-Woods

Mr Jamie Reed

Holly Lynch

Dame Margaret Hodge

Ian Austin

Negatived on division  NC2

To move the following Clause—

“Student support: restricted modification of repayment terms

(1)    

Section 22 of the Teaching and Higher Education Act 1998 (power to give

financial support to students) is amended in accordance with subsections (2) to

(4).

(2)    

In subsection (2)(g) at the beginning insert “Subject to subsections (3)(A) and

(3)(B),”.

(3)    

In subsection (2)(g) leave out from “section” to the end of subsection (2)(g).

(4)    

After subsection (3) insert—

“(3A)    

Other than in accordance with subsection (3B), no provision may be

made under subsection (2)(g) relating to the repayment of a loan that has

been made available under this section once the parties to that loan

(including the borrower) have agreed the terms and conditions of

repayment, including during—

(a)    

the period of enrolment on a course specified under subsection

(1)(a) or (1)(b), and

Report Stage Proceedings: 21 November 2016              

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Higher Education and Research Bill, continued

(b)    

the period of repayment.

(3B)    

Any modification to any requirement or other provision relating to the

repayment of a loan made available under this section and during the

periods specified in subsection (3A) shall only be made if approved by an

independent panel.

(3C)    

The independent panel shall approve modifications under subsection

(3B) if such modifications meet conditions to be determined by the panel.

(3D)    

The approval conditions under subsection (3C) must include that—

(a)    

the modification is subject to consultation with representatives of

the borrowers,

(b)    

the majority of the representative group consider the

modification to be favourable to the majority of students and

graduates who have entered loans, and

(c)    

there is evidence that those on low incomes will be protected.

(3E)    

The independent panel shall consist of three people appointed by the

Secretary of State, who (between them) must have experience of—

(a)    

consumer protection,

(b)    

loan modification and mediation,

(c)    

the higher education sector, and

(d)    

student finance.””

Wes Streeting

Paul Blomfield

Stella Creasy

Catherine McKinnell

Alison McGovern

Mr Ben Bradshaw

Dan Jarvis

Liz Kendall

Mr Chuka Umunna

Graham Jones

Anna Turley

Mr Gavin Shuker

Ann Coffey

Caroline Lucas

Tristram Hunt

Conor McGinn

Rachel Reeves

Angela Smith

Vernon Coaker

Ruth Smeeth

Mike Gapes

Dr Roberta Blackman-Woods

Mr Jamie Reed

Holly Lynch

Dame Margaret Hodge

Ian Austin

Not called  NC3

To move the following Clause—

“Student loans: regulation

(1)    

Any loan granted under section 22(1) of the Teaching and Higher Education Act

1998, (“student loans”) irrespective of the date on which the loan was granted,

shall be regulated by the Financial Conduct Authority.

(2)    

Any person responsible for arranging, administering or managing, or offering or

agreeing to manage, student loans shall be regulated by the Financial Conduct

Authority.”

Report Stage Proceedings: 21 November 2016              

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Higher Education and Research Bill, continued

Gordon Marsden

Angela Rayner

Not called  NC4

To move the following Clause—

“Committee on Degree Awarding Powers and University Title

(1)    

The OfS must establish a committee called the “Committee on Degree Awarding

Powers and University Title”.

(2)    

The function of the Committee is to provide advice to the OfS on—

(a)    

the general exercise of its functions under sections 40, 42, 43 and 53 of

this Act, and section 77 of the Further and Higher Education Act 1992;

(b)    

particular uses of its powers under section 40(1) of this Act; and

(c)    

particular uses of its powers under section 77 of the Further and Higher

Education Act 1992.

(3)    

The OfS must seek the advice of the Committee before—

(a)    

authorising a registered higher education provider or qualifying further

education provider to grant taught awards, research awards or foundation

degrees under section 40(1) of this Act;

(b)    

varying any authorisation made under section 40(1) of this Act so as to

authorise a registered higher education provider or qualifying further

education provider to grant a category of award or degree that, prior to

the variation of the authorisation, it was not authorised to grant; and

(c)    

providing consent under section 77 of the Further and Higher Education

Act 1992 for an education institution or body corporate to change its

names so as to include the word “university” in the name of the institution

or body corporate.

(4)    

The OfS must also seek the advice of UKRI before authorising a registered higher

education provider or qualifying further education provider to grant research

awards under section 40(1) of this Act.

(5)    

The OfS does not need to seek the advice of the Committee before—

(a)    

revoking an authorisation to grant taught awards, research awards or

foundation degrees; or

(b)    

varying any authorisation to grant taught awards, research awards, or

foundation degrees so as to revoke the authorisation of a registered higher

education provider or qualifying further education provider to grant a

category of award that, prior to the variation of the authorisation, it was

authorised to grant.

(6)    

Subsection (4) applies whether the authorisation being revoked or varied was

given—

(a)    

by an order made under section 40(1) of this Act;

(b)    

by or under any Act of Parliament, other than under section 40(1) of this

Act; or

(c)    

by Royal Charter.

(7)    

In providing its advice to the OfS, the Committee must in particular consider the

need for students, employers and the public to have confidence in the higher

education system and the awards which are granted by it.

(8)    

The OfS must have regard to the advice given to it by the Committee on both the

general exercise of its functions referred to in subsection (2) and any particular

uses of its powers referred to in subsection (3).

(9)    

The majority of the members of the Committee must be individuals who appear

to the OfS to have experience of providing higher education on behalf of an

English higher education provider or being responsible for the provision of higher

education by such a provider.

Report Stage Proceedings: 21 November 2016              

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Higher Education and Research Bill, continued

(10)    

In appointing members of the Committee who meet these criteria, the OfS must

have regard to the desirability of their being currently engaged at the time of their

appointment in the provision of higher education or in being responsible for such

provision.

(11)    

The majority of the members of the Committee must be individuals who are not

members of the OfS.

(12)    

Schedule 1 applies to the Committee on Degree Awarding Powers and University

Title as it applies to committees established under paragraph 8 of that Schedule.” 

Gordon Marsden

Angela Rayner

Negatived on division  NC5

To move the following Clause—

“Revocation of the Education (Student Support) (Amendment) Regulations

2015

The Education (Student Support) (Amendment) Regulations 2015 (Statutory

Instrument No. 1951/ 2015) are revoked.” 

Gordon Marsden

Angela Rayner

Not called  NC6

To move the following Clause—

“Higher Education loans: restrictions on modification of repayment

conditions

(1)    

A loan made by the Secretary of State to eligible students in connection with their

undertaking a higher education course or further education course under the

Teaching and Higher Education Act 1998 shall—

(a)    

not be subject to changes in repayment conditions retroactively without

agreement from both Houses of Parliament;

(b)    

not be subject to changes in repayment conditions in the event of the loan

being sold to private concerns, unless these changes are made to all loans,

in the manner prescribed above;

(c)    

be subject to beneficial changes, principally to the repayment threshold,

in line with average earnings.

(2)    

In section 8 of the Sale of Student Loans Act 2008, for subsection (1) substitute—

“(1)    

Loans made in accordance with regulations under section 22 of the

Teaching and Higher Education Act 1998 (c. 30) are to be regulated by

the Consumer Credit Act 1974 (c. 39).”” 

Report Stage Proceedings: 21 November 2016              

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Higher Education and Research Bill, continued

Paul Blomfield

Not called  NC7

To move the following Clause—

“Automatic review of authorisation

(1)    

The OfS must consider whether to vary or revoke an authorisation given under

section 40(1) if—

(a)    

the ownership of the registered provider is transferred,

(b)    

the owner of the registered provider has restrictions placed on its degree-

awarding powers in relation to another registered provider under its

control or ownership, or

(c)    

for any other reason considered to be in the interest of students enrolled

at the institution or the public.

(2)    

A decision taken under sub-section (1) to vary or revoke an authorisation shall be

carried out in accordance with section 43.”

Paul Blomfield

Not called  NC8

To move the following Clause—

“Access to support for students recognised as needing protection

(1)    

Within six months from the day on which this Act comes into force, the Secretary

of State must, by regulations made under the Higher Education Act 2004 and the

Teaching and Higher Education Act 1998,make provision for financial support

for higher education courses offered to students with certain immigration

statuses.

(2)    

The regulations specified in sub-section (1) must include, but shall not be

restricted to—

(a)    

provision for persons who have been brought to the UK under the Syrian

Vulnerable Persons Relocation Scheme, or any equivalent scheme, and

their family members to access student loans on the same basis as

refugees recognised in-country, and

(b)    

provision for persons who have claimed asylum and been granted a form

of leave to remain in the UK to be eligible for—

(i)    

home fees for a higher education course if they have been

ordinarily resident in the United Kingdom and Islands since

being granted leave, and

(ii)    

student loans for a higher education course, if—

(a)    

they have been ordinarily resident in the United

Kingdom and Islands since being granted leave, and

(b)    

are ordinarily resident in the United Kingdom and

Islands on the first day of the first academic term of that

course.

(3)    

In this section—

“home fees” means fees for a higher education course charged to persons

considered as “qualifying persons” under regulations made under the

Higher Education Act 2004;

Report Stage Proceedings: 21 November 2016              

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Higher Education and Research Bill, continued

“student loans” means loans made to students in connection with their

undertaking of a higher education course under the Teaching and Higher

Education Act 1998.”

John Pugh

Not called  NC9

To move the following Clause—

“OfS report: international students

(1)    

The OfS shall, in accordance with information received under paragraph 8(1)(ba),

produce an annual report for the Secretary of State on—

(a)    

EU (excluding from the UK), and

(b)    

non- EU

students enrolled with English higher education providers.

(2)    

A report under subsection (1) must include an assessment of—

(a)    

the number of international students, and

(b)    

the financial contribution of international students to English Higher

Education providers.

(3)    

The Secretary of State shall lay the report produced under subsection (1) before

each House of Parliament.”

John Pugh

Not called  NC10

To move the following Clause—

“Student support: requirement to assess repayment terms

(1)    

The Teaching and Higher Education Act 1998 is amended as follows.

(2)    

In Section 22 (new arrangements for giving financial support to students)—

(a)    

in subsection (3)(b), after “and” insert “subject to subsection (3A)”

(b)    

after subsection (3) insert—

“(3A)    

Regulations under subsection (3)(b) must include a level of

earnings below which a person shall not be required to make

repayments of such a loan.”

(3)    

After Section 22 insert—

“(22A)    

Duty to assess consumer prices in determining terms for loan repayments

(1)    

In relation to regulations made under section 22(3A) the

Secretary of State must, for each tax year, review UK consumer

price inflation for the period since the last review under this sub-

section.

(2)    

If the review concludes that consumer prices for the previous tax

year have increased, the Secretary of State shall, by order, amend

the level of earnings specified in regulations made under sub-