Higher Education and Research Bill (HC Bill 78)

Higher Education and Research BillPage 100

(4) UKRI may remove an UKRI appointee from office on any of the following
grounds—

(a) absence from the Council’s meetings for a continuous period of more
than six months without the Council’s permission,

(b) 5inability or unfitness to carry out the functions of the office, or

(c) such other grounds as UKRI considers appropriate.

Remuneration etc

7 (1) UKRI must pay to members of UKRI and Council members such
remuneration as the Secretary of State may determine.

(2) 10UKRI must pay, or make provision for paying, to or in respect of a person
who is or has been a member of UKRI or a Council member, 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 UKRI or a Council member, the
15Secretary of State determines that he or she should be compensated because
of special circumstances, UKRI must pay him or her compensation of such
amount as the Secretary of State may determine.

Staffing of UKRI

8 (1) UKRI may—

(a) 20appoint employees, and

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

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

(3) 25UKRI must pay its employees such remuneration as UKRI may determine
with the approval of the Secretary of State.

(4) UKRI must pay, or make provision for paying, to or in respect of a person
who is an employee of UKRI, such sums as UKRI may determine with the
approval of the Secretary of State in respect of allowances or expenses.

(5) 30UKRI may pay, or make provision for paying—

(a) to or in respect of a person who is or has been an employee of UKRI,
such sums as UKRI 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 UKRI, such
35sums as UKRI may determine with the approval of the Secretary of
State in respect of allowances or expenses.

(6) 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—

  • 40“United Kingdom Research and Innovation.”

(7) UKRI 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 (6) in the sums payable out of
money provided by Parliament under the 1972 Act.

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Committees and sub-committees

9 (1) UKRI may establish committees (in addition to the Councils).

(2) A committee established under sub-paragraph (1) may establish sub-
committees.

(3) 5A committee or sub-committee established under sub-paragraph (1) or (2) is
referred to in this Schedule as a “general committee”.

(4) A Council may establish sub-committees and a sub-committee so
established is referred to in this Schedule as a “Council sub-committee”.

(5) A general committee and a Council sub-committee may include persons
10who are not members of UKRI, Council members or employees of UKRI.

(6) UKRI must pay such allowances as the Secretary of State may determine to
any person who—

(a) is a member of a general committee or a Council sub-committee, but

(b) is not a member of UKRI, a Council member or an employee of UKRI.

(7) 15UKRI must keep under review—

(a) the structure of the general committees, and

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

(8) Each Council must keep under review—

(a) the structure of its Council sub-committees, and

(b) 20the scope of each such sub-committee’s activities.

Procedure

10 (1) UKRI may determine—

(a) its own procedure, and

(b) the procedure of any general committee;

25but that is subject to the rest of this paragraph.

(2) A Council may determine—

(a) its own procedure, and

(b) the procedure of any Council sub-committee it establishes;

but that is subject to the rest of this paragraph.

(3) 30The quorum for a meeting of UKRI or a Council is half the number of its
members.

(4) The Secretary of State, or a representative of the Secretary of State, is
entitled—

(a) to attend any meeting of UKRI or of any Council, Council sub-
35committee or general committee, and

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

(5) UKRI must provide the Secretary of State, or a representative of the
Secretary of State, with such copies of documents distributed to its members
40or to any general committee as the Secretary of State or the representative
may require it to provide.

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(6) A Council 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 Council sub-committee as the Secretary of State or the
representative may require it to provide.

11 5The validity of any proceedings of UKRI, or of any Council, Council sub-
committee or general committee, is not affected by a vacancy or a defective
appointment.

Delegation of functions by UKRI

12 (1) UKRI may delegate any of its functions to—

(a) 10a member of UKRI,

(b) an employee authorised for that purpose,

(c) a Council or a Council sub-committee, or

(d) a general committee.

(2) A function is delegated under this paragraph to the extent, and on the terms
15that, UKRI determines.

Accounts and audit

13 (1) UKRI 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) 20Each statement of accounts must comply with any directions given by the
Secretary of State with the approval of the Treasury as to—

(a) its 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
25information of Parliament.

(3) UKRI must send a copy of each statement of accounts to the Secretary of
State 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) 30examine, certify and report on each statement of accounts, and

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

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

(6) 35In this Schedule “financial year” means—

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

(b) each successive period of 12 months.

Annual report

14 (1) 40UKRI must prepare a report on the exercise of its functions during each
financial year.

(2) The report must include the statement of accounts in respect of that year.

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(3) The report relating to a financial year must be prepared as soon as possible
after the end of the financial year.

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

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

5Seal and evidence

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

(a) a member of UKRI, or

(b) another person authorised for that purpose by UKRI.

(2) A document purporting to be duly executed under UKRI’s seal or signed on
10its behalf—

(a) is to be received in evidence, and

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

(3) But this paragraph does not apply in relation to any document which is, or
15is to be, signed in accordance with the law of Scotland.

Supplementary powers

16 (1) UKRI may do anything which appears to it to be necessary or expedient for
the purpose of, or in connection with, the exercise of its functions.

(2) In particular, UKRI may—

(a) 20acquire and dispose of land and other property,

(b) enter into contracts, and

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

(3) UKRI may not do any of the following except with the consent of the
Secretary of State—

(a) 25borrow money;

(b) enter into joint ventures;

(c) form, participate in forming or invest in a company, partnership or
other similar form of organisation;

(d) invest sums.

30Public records

17 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—

  • “United Kingdom Research and Innovation.”

Investigation by the Parliamentary Commissioner

18 35In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

  • “United Kingdom Research and Innovation.”

House of Commons disqualification

19 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

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(bodies of which all members are disqualified), at the appropriate place
insert—

  • “United Kingdom Research and Innovation (“UKRI”), any
    Council or other committee of UKRI and any sub-
    5committee of such a Council or committee (see section 85
    of, and paragraph 9 of Schedule 9 to, the Higher Education
    and Research Act 2016).”

Northern Ireland Assembly disqualification

20 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
10Act 1975 (bodies of which all members are disqualified), at the appropriate
place insert—

  • “United Kingdom Research and Innovation (“UKRI”), any
    Council or other committee of UKRI and any sub-
    committee of such a Council or committee (see section 85
    15of, and paragraph 9 of Schedule 9 to, the Higher Education
    and Research Act 2016).”

Freedom of information

21 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—

  • 20“United Kingdom Research and Innovation.”

Public sector equality duty

22 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
“Industry, business, finance etc”, at the end insert—

  • 25“United Kingdom Research and Innovation.”

Section 108

SCHEDULE 10 Transfer schemes

Transfer schemes

1 (1) The Secretary of State may make one or more property transfer schemes or
30staff transfer schemes in connection with—

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

(b) any of the following ceasing to exist by virtue of this Act—

(i) the Higher Education Funding Council for England,

(ii) the office of Director of Fair Access to Higher Education, or

(iii) 35a research council listed in section 102(1).

(2) In this Schedule, a “permitted transferor” means the Secretary of State or a
body or office listed in sub-paragraph (1)(b).

(3) A “property transfer scheme” is a scheme for the transfer from a permitted
transferor of any property, rights or liabilities, other than rights or liabilities

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under or in connection with a contract of employment, to a permitted
transferee.

(4) A “staff transfer scheme” is a scheme for the transfer from a permitted
transferor of any rights or liabilities under or in connection with a contract
5of employment to a permitted transferee.

(5) In this Schedule, a “permitted transferee” means—

(a) the OfS,

(b) UKRI,

(c) the Secretary of State, or

(d) 10such other person as may be specified by the Secretary of State in the
scheme.

Supplementary

2 (1) The things that may be transferred under a property transfer scheme or a
staff transfer scheme include—

(a) 15property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme;

(c) criminal liabilities.

(2) 20A property transfer scheme or a staff transfer scheme may make
supplementary, incidental, transitional or consequential provision and may,
in particular—

(a) create rights, or impose liabilities, in relation to property or rights
transferred;

(b) 25make provision about the continuing effect of things done by the
permitted transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, or on behalf of, or in
relation to, the permitted transferor in respect of anything
30transferred;

(d) make provision for references to the permitted transferor in an
instrument or other document in respect of anything transferred to
be treated as references to the permitted transferee.

(3) A property transfer scheme may make provision for the shared ownership
35or use of property.

(4) A staff transfer scheme may make provision which is the same as or similar
to the TUPE regulations.

(5) A property transfer scheme or a staff transfer scheme may provide—

(a) for the scheme to be modified by agreement after it comes into effect,
40and

(b) for any such modifications to have effect from the date when the
original scheme comes into effect.

Interpretation

3 (1) For the purposes of this Schedule—

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(a) an individual who holds employment in the civil service is to be
treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service are to be
regarded as constituting the terms of the contract of employment.

(2) 5In this Schedule—

(a) “civil service” means civil service of the State;

(b) TUPE regulations” means the Transfer of Undertakings (Protection
of Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246);

(c) references to the transfer of property include references to the grant
10of a lease.

Section 115

SCHEDULE 11 Minor and consequential amendments relating to Part 1

Public Records Act 1958

1 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
151958 (definition of public records), omit the references to—

(a) the Director of Fair Access to Higher Education, and

(b) the Higher Education Funding Council for England.

Parliamentary Commissioner Act 1967

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
20subject to investigation), omit the references to—

(a) the Director of Fair Access to Higher Education, and

(b) the Higher Education Funding Council for England.

Superannuation Act 1972

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to
25which a scheme under section 1 of the 1972 Act can apply), omit—

(a) “Employment by the Director of Fair Access to Higher Education.”
and

(b) “Higher Education Funding Council for England in receipt of
remuneration.”

30House of Commons Disqualification Act 1975

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(disqualifying offices), omit the references to—

(a) the Director of Fair Access to Higher Education, and

(b) any member of the Higher Education Funding Council for England
35in receipt of remuneration.

Education Reform Act 1988

5 The Education Reform Act 1988 is amended as follows.

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6 In section 124B(2)(b) (accounts), for “the higher education funding council”
substitute “the Higher Education Funding Council for Wales”.

7 (1) Section 128 (dissolution of higher education corporations) is amended as
follows.

(2) 5In subsection (1)(b)(iii), for “a higher education funding council” substitute
“the Higher Education Funding Council for Wales”.

(3) In subsection (4)(b), for “the higher education funding council” substitute
“the Higher Education Funding Council for Wales”.

8 In section 129(1) (designation of institutions) for “a higher education
10funding council” substitute “the Higher Education Funding Council for
Wales”.

9 (1) Section 133 (payments in respect of persons employed in the provision of
higher or further education) is amended as follows.

(2) In the heading, omit “by Polytechnics and Colleges Funding Council”.

(3) 15In subsection (1)—

(a) for “A higher education funding council shall” substitute “The Office
for Students and the Higher Education Funding Council for Wales
each”;

(b) for “the council” substitute “they”.

10 20In Schedule 7 (higher education corporations), in paragraph 18(2)(b), for
“higher education funding council” substitute “Higher Education Funding
Council for Wales”.

Further and Higher Education Act 1992

11 The Further and Higher Education Act 1992 is amended as follows.

12 25In section 61 (interpretation of Part 1), omit subsection (3)(b).

13 (1) Section 62 (establishment of the Higher Education Funding Councils) is
amended as follows.

(2) In the heading, for “The Higher Education Funding Councils” substitute
“The Higher Education Funding Council for Wales”.

(3) 30In subsection (1)—

(a) omit paragraph (a), and

(b) in paragraph (b), after “them” insert “(referred to in this Act as “the
HEFCW”)”.

(4) Omit subsection (2).

(5) 35In subsection (4), for “a council” substitute “the HEFCW”.

(6) Omit subsections (5) and (6).

(7) In subsection (7)—

(a) omit “institutions in England or”,

(b) in paragraph (a), omit “England or, as the case may be,”, and

(c) 40in paragraph (b), omit “, in both cases,”.

(8) In subsection (7A), for “each council” substitute “the HEFCW”.

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(9) In subsection (8), for “one of the councils” substitute “the HEFCW or the
Office for Students”.

(10) In subsection (9), for “each of the councils” substitute “the HEFCW”.

14 (1) Section 65 (administration of funds by councils) is amended as follows.

(2) 5In the heading, for “councils” substitute “the HEFCW”.

(3) In subsection (1)—

(a) for “Each council” substitute “The HEFCW”, and

(b) for “the council” substitute “the HEFCW”.

(4) In subsection (2)(a), for “the council’s” substitute “the HEFCW’s”.

(5) 10In subsection (3)—

(a) for “A council” substitute “The HEFCW”, and

(b) for “the council” substitute “the HEFCW”.

(6) In subsection (3A)—

(a) for “a Council” substitute “the HEFCW”, and

(b) 15for “the Council” substitute “the HEFCW”.

(7) In subsection (3B), for “the Council in question” substitute “the HEFCW”.

(8) In subsection (4)—

(a) for “a council” substitute “the HEFCW”, and

(b) for “the council”, in each place, substitute “the HEFCW”.

15 (1) 20Section 66 (administration of funds: supplementary) is amended as follows.

(2) In subsection (1)—

(a) for “a council” substitute “the HEFCW”, and

(b) for “the council”, in each place, substitute “the HEFCW”.

(3) In subsections (2) and (3), for “a council” substitute “the HEFCW”.

(4) 25In subsection (4), for “the council” substitute “the HEFCW”.

16 (1) Section 68 (grants to councils) is amended as follows.

(2) In the heading, for “councils” substitute “the HEFCW”.

(3) In subsection (1), for “each of the councils” substitute “the HEFCW”.

(4) In subsection (2)—

(a) 30for “either of the councils” substitute “the HEFCW”, and

(b) for “the council”, in each place, substitute “the HEFCW”.

17 (1) Section 69 (supplementary functions) is amended as follows.

(2) In subsection (1), for “Each council” substitute “The HEFCW”.

(3) Omit subsections (1A) and (1B).

(4) 35In subsection (2), for “Each council” substitute “The HEFCW”.

(5) In subsection (3), for “A council” substitute “The HEFCW”.

(6) In subsection (4)—

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(a) in paragraph (a), for “an institution” substitute “an institution in
Wales”, and

(b) for “the council” substitute “the HEFCW”.

(7) In subsections (5) and (6), for “a council” substitute “the HEFCW”.

18 5Omit section 70 (England: assessment of quality of education provided by
institutions).

19 (1) Section 79 (duty to give information to funding councils) is amended as
follows.

(2) In the heading, for “the funding councils” substitute “the HEFCW”.

(3) 10For “a council” substitute “the HEFCW”.

20 Omit section 79A (Higher Education Funding Council for England’s power
to request information from institutions that are exempt charities).

21 (1) Section 81 (directions) is amended as follows.

(2) In subsection (1), for “each council” substitute “the HEFCW”.

(3) 15In subsection (2), for “a council” substitute “the HEFCW”.

(4) In subsection (3), for “the council”, in each place, substitute “the HEFCW”.

22 (1) Section 82 (joint exercise of functions) is amended as follows.

(2) Omit subsections (1) to (1B).

(3) In subsection (2), for “Great Britain” substitute “Wales and Scotland”.

(4) 20In subsection (2A), after “Scottish” insert “Further and”.

(5) In subsection (3)(a)—

(a) for “a higher education funding council” substitute “the HEFCW”,

(b) for “the National Assembly of Wales” substitute “the Welsh
Ministers”,

(c) 25or “it is discharging its” substitute “they are discharging their”, and

(d) after “Scottish” insert “Further and”.

23 In section 83 (efficiency studies), in subsection (1B), for “A higher education
funding council” substitute “The HEFCW”.

24 In section 91(4) (interpretation of Education Acts), for the words from “a
30council established under section 62” to the end substitute “the Higher
Education Funding Council for Wales.”

25 (1) Section 92 (index) is amended as follows.

(2) Omit the entry for “council (in Part 2), or higher education funding council”.

(3) After the entry for “governing body” insert—

“the HEFCW 35section 62(1)”

(4) For “institution in England or in Wales (in relation to higher education
funding councils)” substitute “institution in Wales (in relation to the
HEFCW)”.

Education Act 1994

26 (1) 40Section 18 of the Education Act 1994 (power to reimburse certain payments
to persons formerly employed in teacher training) is amended as follows.

(2) In subsection (1), for “A higher education funding council” substitute “The
Office for Students or the Higher Education Funding Council for Wales”.

(3) In subsection (4)—

(a) 45for “a higher education funding council” substitute “the Office for
Students or (as the case may be) the Higher Education Funding
Council for Wales”, and

(b) for “the council” substitute “they”.

Education Act 1996

27 50In section 13 of the Education Act 1996 (local authorities’ general
responsibility for education), for subsection (2)(b) substitute—

(b) the Higher Education Funding Council for Wales, or

(c) the Office for Students.”

Freedom of Information Act 2000

28 (1) 55Schedule 1 to the Freedom of Information Act 2000 (public authorities to
which Act applies) is amended as follows.

(2) In Part 4 (educational institutions), in paragraph 53(1)—

(a) after paragraph (a) insert—

(aa) a registered higher education provider of a
60description prescribed by regulations made by the
Secretary of State for the purposes of section 37(1) of
the Higher Education and Research Act 2016,”,

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

(c) in paragraph (e), after “institution of” insert “a registered higher
65education provider which falls within paragraph (aa) or”.

(3) In Part 4, in paragraph 53(2)—

(a) after paragraph (a) insert—

(aa) “registered higher education provider” has the
meaning given by section 3(10) of the Higher
70Education and Research Act 2016;”, and

(b) in paragraph (c), after “paragraph (c),” insert “the reference to an
institution in Wales is to be construed in accordance with section
62(7) of that Act, and”.

(4) In Part 6 (other public bodies), omit the references to—

(a) 75the Director of Fair Access to Higher Education, and

(b) the Higher Education Funding Council for England.