Higher Education and Research Bill (HC Bill 78)

Higher Education and Research BillPage 110

Higher Education Act 2004

29 (1) The Higher Education Act 2004 is amended as follows.

(2) Omit sections 22 to 41 and Schedule 5 (student fees and fair access).

(3) In section 47 (orders and regulations)—

(a) 5in subsection (3), omit paragraphs (a) and (c), and

(b) omit subsection (4).

(4) In section 48 (general interpretation) omit the definition of “the 2005 Act”.

(5) In Schedule 6 (consequential amendments)—

(a) omit paragraph 1 (amendment to the Public Records Act 1958),

(b) 10in paragraph 4 (amendment to the House of Commons
Disqualification Act 1975), omit ““Director of Fair Access to Higher
Education.””, and

(c) in paragraph 10 (amendment to the Freedom of Information Act
2000), omit ““The Director of Fair Access to Higher Education.””

15Education Act 2005

30 In Schedule 14 to the Education Act 2005, omit paragraphs 26 to 35 (which
amend provisions of Part 3 of the Higher Education Act 2004 which are
repealed by this Schedule).

Equality Act 2010

31 20In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public
sector equality duty), omit “The Higher Education Funding Council for
England”.

Education Act 2011

32 In the Education Act 2011, omit the following (which amend provisions of
25Part 3 of the Higher Education Act 2004 which are repealed by this
Schedule)—

(a) section 77;

(b) paragraphs 18 to 29 of Schedule 5;

(c) paragraph 22 of Schedule 16.

30Charities Act 2011

33 In Schedule 7 to the Charities Act 2011, omit paragraph 97 (which amends
section 40 of the Higher Education Act 2004 which is repealed by this
Schedule).

Counter-Terrorism and Security Act 2015

34 35In section 32(5)(b) of the Counter-Terrorism and Security Act 2015
(monitoring of performance: further and higher education bodies) for
“Higher Education Funding Council for England” substitute “Office for
Students”.

Higher Education and Research BillPage 111

Section 115

SCHEDULE 12 Minor and consequential amendments relating to Part 3

Geological Survey Act 1845

1 In section 1 of the Geological Survey Act 1845 (power of persons employed
5in geological survey to enter land) for “the Natural Environment Research
Council”, in both places, substitute “United Kingdom Research and
Innovation”.

Mining Industry Act 1926

2 In section 23 of the Mining Industry Act 1926 (facilities to be given when
10shafts or boreholes are sunk)—

(a) in the heading, for “Department of Scientific and Industrial
Research” substitute “United Kingdom Research and Innovation”,

(b) in subsection (1), for “the National Environment Research Council”
substitute “United Kingdom Research and Innovation”, and

(c) 15in subsections (1) to (3) and (5), for “the Council”, in each place,
substitute “UKRI”.

Public Records Act 1958

3 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records), omit the following entries—

  • 20“Arts and Humanities Research Council.”

  • “Economic and Social Research Council.”

  • “Engineering and Physical Sciences Research Council.”

  • “Medical Research Council.”

  • “Natural Environment Research Council.”

  • 25“Technology Strategy Board.”

Science and Technology Act 1965

4 (1) The Science and Technology Act 1965 is amended as follows.

(2) In section 1 (the research councils)—

(a) in subsection (1), omit paragraphs (a) and (b) (and the “and” after
30paragraph (b)),

(b) also in subsection (1), in paragraph (c) omit “other”, and

(c) omit subsections (2) and (3).

(3) In section 2 (expenses and accounts of research councils)—

(a) omit subsection (4), and

(b) 35in subsection (5)—

(i) for the words from “, in the case” to “expenses of the Council”
substitute “the expenses of a Research Council”, and

(ii) omit “in section 1(2) or (3) above or”.

(4) In section 3 (re-allocation of activities connected with scientific research)—

(a) 40omit subsections (1) to (3), and

Higher Education and Research BillPage 112

(b) in subsection (5), omit the words from “; and the provisions” to the
end.

(5) Omit Schedule 3 (transitional provisions).

Parliamentary Commissioner Act 1967

5 5In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit the following entries—

  • “Arts and Humanities Research Council.”

  • “Biotechnology and Biological Sciences Research Council.”

  • “Economic and Social Research Council.”

  • 10“Engineering and Physical Sciences Research Council.”

  • “Medical Research Council.”

  • “Natural Environment Research Council.”

  • “Science and Technology Facilities Council.”

  • “Technology Strategy Board.”

15Agriculture Act 1967

6 In section 50(3) of the Agriculture Act 1967 (provisions on control of sale not
to apply to transfers to and from persons listed) for paragraph (f)
substitute—

(f) United Kingdom Research and Innovation,”.

20Conservation of Seals Act 1970

7 (1) The Conservation of Seals Act 1970 is amended as follows.

(2) In each of the following provisions, for “the Council” substitute “UKRI”—

(a) section 3(1) (consultation before orders prohibiting killing seals),

(b) section 10(3)(a) (consultation before granting licence to kill etc),

(c) 25section 11(1) (consultation before entry onto land), and

(d) section 13 (duty to give advice on management of seal populations).

(3) In section 15 (interpretation)—

(a) omit the definition of “the Council”, and

(b) at the end insert—

  • 30““UKRI” means United Kingdom Research and
    Innovation.”

Chronically Sick and Disabled Persons Act 1970

8 In section 24 of the Chronically Sick and Disabled Persons Act 1970 (institute
of hearing research) for “the Medical Research Council” substitute “United
35Kingdom Research and Innovation”.

Mineral Exploration and Investment Grants Act 1972

9 In section 1(3) of the Mineral Exploration and Investment Grants Act 1972
(conditions for making contributions in respect of mineral exploration) for
“the Natural Environment Research Council” substitute “United Kingdom
40Research and Innovation”.

Higher Education and Research BillPage 113

Supply Powers Act 1975

10 In section 7 of the Supply Powers Act 1975 (interpretation) in paragraph (a)
of the definition of “articles required for the public service”, after “Civil
Aviation Authority” insert “, United Kingdom Research and Innovation”.

5House of Commons Disqualification Act 1975

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

  • “Chair or Chief Executive of the Science and Technology
    Facilities Council.”

  • 10“Chair, Deputy Chair or Chief Executive of the Technology
    Strategy Board.”

  • “Chairman, Deputy Chairman or Chief Executive of the Arts
    and Humanities Research Council.”

  • “Chairman, Deputy Chairman, or Chief Executive of the
    15Biotechnology and Biological Sciences Research Council.”

  • “Chairman, Deputy Chairman or Chief Executive of the
    Economic and Social Research Council.”

  • “Chairman, Deputy Chairman or Chief Executive of the
    Engineering and Physical Sciences Research Council.”

  • 20“Chairman, Deputy Chairman or Chief Executive of the
    Medical Research Council.”

  • “Chairman, Deputy Chairman or Chief Executive of the
    Natural Environment Research Council.”

Northern Ireland Assembly Disqualification Act 1975

12 25In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the following
entry—

  • “The Advisory Board for the Research Councils.”

Patents Act 1977

13 30In section 41(3) of the Patents Act 1977 (assignment of right in patent)—

(a) after “Where the Crown” insert “, United Kingdom Research and
Innovation”,

(b) for “or, as the case may be, Research Council” substitute “, United
Kingdom Research and Innovation or the Research Council (as the
35case may be)”, and

(c) omit the words from “or the Arts” to the end.

Further Education Act 1985

14 In section 2(4)(a) of the Further Education Act 1985 (cases in which
requirement that goods or services supplied at open market value
40disapplied) for the words from “the Arts” to “2004)” substitute “United
Kingdom Research and Innovation”.

Higher Education and Research BillPage 114

Water Resources Act 1991

15 (1) The Water Resources Act 1991 is amended as follows.

(2) In section 198 (information about underground water)—

(a) in subsection (1), for “the Natural Environment Research Council”
5substitute “United Kingdom Research and Innovation (“UKRI”)”,

(b) in subsection (2)(a), for “the Natural Environment Research Council”
substitute “UKRI”,

(c) in subsection (2)(b) and (c), for “that Council” substitute “UKRI”, and

(d) in subsection (4), for “the Natural Environment Research Council”
10substitute “UKRI”.

(3) In section 205 (confidentiality of information about underground water)—

(a) in subsection (1)—

(i) for “the Natural Environment Research Council” substitute
“United Kingdom Research and Innovation (“UKRI”)”, and

(ii) 15for “that Council” substitute “UKRI”, and

(b) in subsections (2) and (4)—

(i) for “the Natural Environment Research Council” substitute
“UKRI”, and

(ii) for “that Council” substitute “UKRI”.

20Scotland Act 1998

16 (1) In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) section
C12 is amended as follows.

(2) In the heading, at the beginning insert “United Kingdom Research and
Innovation and”.

(3) 25After the heading insert the following entry—

  • “United Kingdom Research and Innovation.”

(4) In the entry beginning “The subject-matter of section 5”, after “relating to”
insert “United Kingdom Research and Innovation and”.

(5) Omit the entry relating to the Arts and Humanities Research Council.

(6) 30In the entry beginning “The subject-matter of section 10”—

(a) for “that Act” substitute “the Higher Education Act 2004”, and

(b) for “that Council” substitute “United Kingdom Research and
Innovation”.

Northern Ireland Act 1998

17 35In Schedule 3 to the Northern Ireland Act 1998 (reserved matters) for
paragraph 35A substitute—

35A United Kingdom Research and Innovation.”

Freedom of Information Act 2000

18 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

Higher Education and Research BillPage 115

authorities to which that Act applies), omit the following entries—

  • “The Arts and Humanities Research Council.”

  • “The Biotechnology and Biological Sciences Research
    Council.”

  • 5“The Economic and Social Research Council.”

  • “The Engineering and Physical Sciences Research Council.”

  • “The Medical Research Council.”

  • “The Natural Environment Research Council.”

  • “The Science and Technology Facilities Council.”

  • 10“The Technology Strategy Board.”

Higher Education Act 2004

19 Omit sections 1 to 9 of the Higher Education Act 2004 (which establish and
make provision in relation to the Arts and Humanities Research Council).

Natural Environment and Rural Communities Act 2006

20 15In paragraph 9(a) of Schedule 5 to the Natural Environment and Rural
Communities Act 2006 (application of enforcement provisions for the
purposes of the Conservation of Seals Act 1970) for “the Natural
Environment Research Council” substitute “United Kingdom Research and
Innovation”.

20Government of Wales Act 2006

21 The Government of Wales Act 2006 is amended as follows.

22 (1) Schedule 3A (functions exercisable concurrently or jointly with the Welsh
Ministers) (which is inserted by the Wales Act 2016) is amended as follows.

(2) In the Table in paragraph 1(2), in the entry relating to the Science and
25Technology Act 1965, in the column headed “Functions”, after “relating to”
insert “United Kingdom Research and Innovation and”.

23 In paragraph 5 of Part 1 of Schedule 7 (Acts of the National Assembly for
Wales: subject of education and training) before “Research Councils” insert
“United Kingdom Research and Innovation and”.

24 (1) 30In Part 2 of Schedule 7A (specific reservations) (which is inserted by the
Wales Act 2016), Section C11 (Research Councils) is amended as follows.

(2) In the heading, at the beginning insert “United Kingdom Research and
Innovation and”.

(3) In paragraph 85—

(a) 35at the beginning insert “United Kingdom Research and Innovation
(“UKRI”), and”, and

(b) after “relating to” insert “UKRI and”.

(4) In paragraph 86—

(a) omit “Arts and Humanities Research Council within the meaning of
40Part 1 of the Higher Education Act 2004, and the”,

(b) for “that Act” substitute “the Higher Education Act 2004”, and

(c) for “that Council” substitute “UKRI”.

Higher Education and Research BillPage 116

Marine (Scotland) Act 2010 (asp 5)2010 (asp 5)

25 In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b) of the Marine
(Scotland) Act 2010 (duties on Scottish Ministers to consult) for “the Natural
Environment Research Council” substitute “United Kingdom Research and
5Innovation”.

Welsh Language (Wales) Measure 2011 (nawm 1)

26 (1) The table in Schedule 6 to the Welsh Language (Wales) Measure 2011 (public
bodies etc: standards) is amended as follows.

(2) In the English language text, omit the entries relating to—

(a) 10the 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) 15the Natural Environment Research Council, and

(g) the Science and Technology Facilities Council.

(3) In the Welsh language text, omit the entries relating to—

(a) Cyngor Cyfleusterau Gwyddoniaeth a Thechnoleg,

(b) Cyngor Ymchwil Biotechnoleg a Gwyddorau Biolegol,

(c) 20Y Cyngor Ymchwil Economaidd a Chymdeithasol,

(d) Y Cyngor Ymchwil Meddygol,

(e) Cyngor Ymchwil Peirianneg a Gwyddorau Ffisegol,

(f) Cyngor Ymchwil yr Amgylchedd Naturiol, and

(g) Y Cyngor Ymchwil i‘r Celfyddydau a‘r Dyniaethau.

(4) 25In the English language text, insert at the appropriate place under the
heading “general”—

“United Kingdom Research
and Innovation (“Ymchwil ac
Arloesedd y Deyrnas Unedig”)
Service delivery standards
Policy making standards
30Operational Standards
Record keeping standards”

(5) In the Welsh language text, insert at the appropriate place under the heading
“cyffredinol”—

“Ymchwil ac Arloesedd y
Deyrnas Unedig (“United
Kingdom Research and
Innovation”)
Safonau cyflenwi
35gwasanaethau

Higher Education and Research BillPage 117

Safonau llunio polisi
Safonau gweithredu
Safonau cadw cofnodion”

Antarctic Act 2013

27 (1) 5In section 10(4) of the Antarctic Act 2013 (the Crown), in paragraph (a), for
“the Natural Environment Research Council” substitute “United Kingdom
Research and Innovation”.

(2) Subsections (2) and (3) of section 34 of the Antarctic Act 1994 (power to
extend to the Channel Islands, Isle of Man and British overseas territories)
10apply in relation to section 10 of the Antarctic Act 2013 as amended by sub-
paragraph (1).

Public Service Pensions Act 2013

28 (1) Schedule 10 to the Public Service Pensions Act 2013 (public bodies whose
pension schemes must be restricted) is amended as follows.

(2) 15After paragraph 14 insert—

15 United Kingdom Research and Innovation.”

Psychoactive Substances Act 2016

29 In paragraph 4 of Schedule 2 to the Psychoactive Substances Act 2016
(exempted activities) in paragraph (b)(iii) of the definition of “relevant ethics
20review body”, at the beginning insert “United Kingdom Research and
Innovation or”.