Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 14 November 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1-35, NC1

 

Consideration of Bill (Report Stage)


 

Higher Education and Research Bill, As


 

Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

New Clause

 

Secretary Justine Greening

 

NC1

 

Parliamentary Star    

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


 
 

Notices of Amendments: 14 November 2016                  

2

 

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)).”

 

Member’s explanatory statement

 

This new clause, which is for insertion after clause 61, requires the OfS to monitor the financial

 

sustainability of registered higher education providers who are in receipt of, or eligible for, certain

 

kinds of public funding. It requires the OfS to include in its annual report a summary of conclusions

 

which it draws from that monitoring regarding patterns, trends or other matters which it has

 

identified relating to the financial sustainability of some or all of the providers monitored and

 

which it considers are appropriate to be brought to the attention of the Secretary of State.

 

 


 

Secretary Justine Greening

 

1

 

Parliamentary Star    

Clause  2,  page  2,  line  28,  at end insert—

 

“( )    

Guidance framed by reference to a particular course of study must not guide the

 

OfS to perform a function in a way which prohibits or requires the provision of a

 

particular course of study.”

 

Member’s explanatory statement

 

This amendment prevents guidance given by the Secretary of State, which is framed by reference

 

to a particular course of study, guiding the OfS to perform a function in a way which prohibits or

 

requires the provision of a particular course. Amendments 12 and 13 place corresponding

 

restrictions on the Secretary of State’s power to impose terms and conditions of a grant to the OfS

 

under clause 67, or to give directions under clause 70, which are framed by reference to a

 

particular course.

 


 

Secretary Justine Greening

 

2

 

Parliamentary Star    

Clause  9,  page  6,  leave out lines 10 to 13

 

Member’s explanatory statement

 

This amendment is consequential on amendment 3.


 
 

Notices of Amendments: 14 November 2016                  

3

 

Higher Education and Research Bill, continued

 
 

Secretary Justine Greening

 

3

 

Parliamentary Star    

Clause  9,  page  6,  line  18,  at the end insert—

 

“( )    

The information which the OfS may request in relation to the numbers mentioned

 

in subsection (2) includes those numbers by reference to one or more of the

 

following—

 

(a)    

the gender of the individuals to which they relate;

 

(b)    

their ethnicity;

 

(c)    

their socio-economic background.”

 

Member’s explanatory statement

 

This amendment ensures that a registered higher education provider may be required by the OfS

 

to provide and publish information in relation to the number of offers given and accepted, and the

 

number of students who complete their courses (in addition to the applications received) by

 

reference to the gender, ethnicity and socio-economic background of the individuals concerned.

 


 

Secretary Justine Greening

 

4

 

Parliamentary Star    

Clause  13,  page  8,  line  17,  after “plan”, insert “and to publish it”

 

Member’s explanatory statement

 

This amendment makes clear that the OfS may impose a registration condition requiring a

 

provider to publish a student protection plan.

 


 

Secretary Justine Greening

 

5

 

Parliamentary Star    

Clause  27,  page  17,  line  7,  at end insert—

 

“(za)    

charge an institution a fee for any activity undertaken, or service

 

provided, by the body in the performance by it of functions under section

 

23(1) (power to assess quality and standards) in relation to the

 

institution,”

 

Member’s explanatory statement

 

Clause 27(2) enables a body designated to perform the assessment functions of the OfS under

 

clause 23 to charge a fee for activities undertaken or services provided by the body in the

 

performance by it of functions under clause 23(2). This amendment and amendment 7 extend that

 

power to include functions under clause 23(1) too.

 

Secretary Justine Greening

 

6

 

Parliamentary Star    

Clause  27,  page  17,  line  9,  leave out from “body” to end of line 12 and insert “in the

 

performance by it of functions under section 23(2)(a) (duty to assess to determine if initial

 

registration condition relating to quality or standards is met) in relation to the institution,

 

and”

 

Member’s explanatory statement

 

This amendment clarifies the drafting of clause 27(2)(a) to make clear that the power is to charge

 

a fee for activities undertaken or services provided by the designated body in the performance by

 

it of functions under clause 23(2)(a) in relation to an institution regardless of whether the

 

assessment in question of the institution is being carried out by the body.


 
 

Notices of Amendments: 14 November 2016                  

4

 

Higher Education and Research Bill, continued

 
 

Secretary Justine Greening

 

7

 

Parliamentary Star    

Clause  27,  page  17,  line  17,  at end insert—

 

“( )    

The amount of a fee payable under subsection (2)(za) by an institution may be

 

calculated by reference to costs incurred by the designated body in the

 

performance by the body of functions under section 23(1) in relation to a different

 

institution or of its general functions.

 

( )    

The total fees payable under subsection (2)(za) must not exceed in any period of

 

12 months the total costs incurred by the body in that period in the performance

 

by the body of its functions under section 23(1) and of its general functions.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 5.

 

Secretary Justine Greening

 

8

 

Parliamentary Star    

Clause  27,  page  17,  line  18,  leave out “or provider”

 

Member’s explanatory statement

 

This amendment removes some unnecessary wording from clause 27(3).

 

Secretary Justine Greening

 

9

 

Parliamentary Star    

Clause  27,  page  17,  line  23,  leave out paragraph (b)

 

Member’s explanatory statement

 

This amendment removes some unnecessary wording from clause 27(3) - having set out in that

 

provision how the fees may be calculated, it is implicit that they may not be calculated by reference

 

to functions other than those mentioned. That is consistent with clause 27(5).

 

Secretary Justine Greening

 

10

 

Parliamentary Star    

Clause  27,  page  17,  line  27,  leave out “the functions” and insert “its functions”

 

Member’s explanatory statement

 

This amendment and amendment 11 make clear that the limit on fees imposed by clause 27(4) and

 

(6) includes costs incurred by the body in the performance by it of all of its functions under clause

 

23(2)(a) or (b) (as the case may be) and not just the functions under those provisions in relation

 

to which the fee was charged.

 

Secretary Justine Greening

 

11

 

Parliamentary Star    

Clause  27,  page  17,  line  35,  leave out “the functions” and insert “its functions”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 10.

 



 
 

Notices of Amendments: 14 November 2016                  

5

 

Higher Education and Research Bill, continued

 
 

Secretary Justine Greening

 

12

 

Parliamentary Star    

Clause  67,  page  41,  line  41,  at end insert—

 

“( )    

Terms and conditions under subsection (1) framed by reference to a particular

 

course of study must not require the OfS to perform a function in a way which

 

prohibits or requires the provision of a particular course of study.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 1.

 


 

Secretary Justine Greening

 

13

 

Parliamentary Star    

Clause  70,  page  44,  line  8,  at end insert—

 

“( )    

Directions under subsection (1) framed by reference to a particular course of

 

study must not direct the OfS to perform a function in a way which prohibits or

 

requires the provision of a particular course of study.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 1.

 


 

Secretary Justine Greening

 

14

 

Parliamentary Star    

Clause  79,  page  50,  line  23,  leave out “Secretary of State’s opinion” and insert

 

“opinion of the person making the regulations concerned”

 

Member’s explanatory statement

 

This amendment reflects the fact that the Welsh Ministers will have the function of making

 

regulations for alternative payments in relation to Wales.

 

Secretary Justine Greening

 

15

 

Parliamentary Star    

Clause  79,  page  50,  line  34,  leave out “and (f)” and insert “to (h)”

 

Member’s explanatory statement

 

This amendment provides that the Secretary of State has the function in relation to Wales (instead

 

of the Welsh Ministers) of making provision in regulations about the effect, in relation to the

 

alternative payment regime, of a person entering an individual voluntary arrangement.

 

Secretary Justine Greening

 

16

 

Parliamentary Star    

Clause  79,  page  50,  line  37,  leave out subsection (10)

 

Member’s explanatory statement

 

This amendment leaves out an unnecessary provision.

 



 
 

Notices of Amendments: 14 November 2016                  

6

 

Higher Education and Research Bill, continued

 
 

Secretary Justine Greening

 

17

 

Parliamentary Star    

Clause  86,  page  55,  line  3,  at end insert—

 

“( )    

The functions conferred by subsection (1)(a) to (e) include, in particular, power

 

to encourage and support the provision of postgraduate training in science,

 

technology, humanities and new ideas.”

 

Member’s explanatory statement

 

This amendment makes clear that the functions of UKRI under clause 86(1)(a) to (e) include the

 

power to encourage and support the provision of postgraduate training in science, technology,

 

humanities and new ideas.

 


 

Secretary Justine Greening

 

18

 

Parliamentary Star    

Clause  112,  page  66,  line  23,  leave out “or repeals” and insert “, repeals or

 

revokes”

 

Member’s explanatory statement

 

This is a minor and technical amendment which ensures that clause 112(2)(f) refers to the

 

revocation of a provision of a Royal Charter (rather than to the repeal of the provision) -

 

revocation being the appropriate terminology in the case of a Royal Charter.

 

Secretary Justine Greening

 

19

 

Parliamentary Star    

Clause  112,  page  66,  line  34,  after “provision”, insert “, and

 

( )    

include provision framed by reference to matters determined or

 

published by the OfS.”

 

Member’s explanatory statement

 

This amendment ensures that regulations under the Bill may be framed by reference to matters

 

determined or published by the OfS - for example, by reference to the part of the register in which

 

an English higher education provider is registered.

 


 

Secretary Justine Greening

 

20

 

Parliamentary Star    

Clause  116,  page  67,  line  26,  at end insert—

 

“( )    

Section 79(9)—

 

(a)    

so far as it relates to section 22(4B)(e) of the Teaching and Higher

 

Education Act 1998, also extends to Scotland and Northern Ireland;

 

(b)    

so far as it relates to section 22(4B)(f), (g) and (h) of that Act, also

 

extends to Northern Ireland.”

 

Member’s explanatory statement

 

This minor and technical amendment gives clause 79(9) (which, as amended by amendment 15,

 

relates to new section 22(4B)(e), (f), (g) and (h) of the Teaching and Higher Education Act 1998)

 

the same extent as the provisions to which it relates (see clause 116(4)).

 



 
 

Notices of Amendments: 14 November 2016                  

7

 

Higher Education and Research Bill, continued

 
 

Secretary Justine Greening

 

21

 

Parliamentary Star    

Schedule  1,  page  69,  line  37,   at end insert—

 

    “( )  

But at least one of the ordinary members must have experience of representing

 

or promoting the interests of individual students, or students generally, on

 

higher education courses provided by higher education providers.”

 

Member’s explanatory statement

 

This amendment requires that at least one of the ordinary members of the OfS has experience of

 

representing or promoting the interests of students in higher education.

 

Secretary Justine Greening

 

22

 

Parliamentary Star    

Schedule  1,  page  71,  line  2,  leave out “, allowances and expenses”

 

Member’s explanatory statement

 

This amendment removes an unnecessary reference in paragraph 6(1) of Schedule 1 to allowances

 

and expenses for members of the OfS as they are covered in paragraph 6(2).

 

Secretary Justine Greening

 

23

 

Parliamentary Star    

Schedule  1,  page  71,  line  18,  leave out “, allowances and expenses”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 24.

 

Secretary Justine Greening

 

24

 

Parliamentary Star    

Schedule  1,  page  71,  line  20,  at end insert—

 

    “( )  

The OfS must pay, or make provision for paying, to or in respect of a person

 

who is an employee of the OfS, such sums as the OfS may determine with the

 

approval of the Secretary of State in respect of allowances or expenses.”

 

Member’s explanatory statement

 

This amendment makes the duty to pay allowances and expenses to OfS’s employees consistent

 

with the power to pay such allowances and expenses to former employees inserted by amendment

 

25.

 

Secretary Justine Greening

 

25

 

Parliamentary Star    

Schedule  1,  page  71,  line  20,  at end insert—

 

    “( )  

The OfS may pay, or make provision for paying—

 

(a)    

to or in respect of a person who is or has been an employee of the OfS,

 

such sums as the OfS may determine with the approval of the

 

Secretary of State in respect of pensions or gratuities, and

 

(b)    

to or in respect of a person who has been an employee of the OfS, such

 

sums as the OfS may determine with the approval of the Secretary of

 

State in respect of allowances or expenses.”

 

Member’s explanatory statement

 

This amendment makes clear that the OfS has power, subject to approval by the Secretary of State,

 

to make pension provision for its employees and former employees other than under the

 

Superannuation Act 1972 (as provided for in paragraph 7(4) of Schedule 1), to pay them gratuities

 

and to pay former employees allowances or expenses. The power in relation to non-civil service

 

pensions is intended to be used in relation to staff transferring to the OfS.

 



 
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Revised 15 November 2016