Higher Education and Research Bill (HC Bill 78)

Higher Education and Research BillPage 30

(c) in the case of a weights and measures authority in Scotland, the
Scottish Ministers.”

(4) Section 216 of the 1988 Act (identification of bodies granting or providing
courses for recognised awards) is amended in accordance with subsections (6)
5to (12).

(5) For subsection (1) substitute—

(1) The appropriate authority may by order designate each body which
appears to the authority to be a recognised body within subsection
(4)(a), (b) or (c).

(1A) 10For the purposes of sections 214 and 215, any body for the time being
designated by an order under subsection (1) as a recognised body
within subsection (4)(c) is conclusively presumed to be such a body.”

(6) In subsection (2)—

(a) for “Secretary of State” substitute “appropriate authority”, and

(b) 15for “him” substitute “the authority”.

(7) After subsection (2) insert—

(2ZA) For the purposes of this section as it extends to England and Wales, “the
appropriate authority” means—

(a) so far as the functions in question are exercisable in relation to
20England, the Office for Students, and

(b) so far as the functions in question are exercisable in relation to
Wales, the Welsh Ministers.”

(8) In subsection (2A), for “the references in subsections (1) and (2) above to the
Secretary of State are to be read as references to” substitute ““the appropriate
25authority” means”.

(9) In subsection (3)—

(a) in the opening words for “either” substitute “it”, and

(b) before paragraph (a) insert—

(za) provides any course which is—

(i) 30in preparation for a degree to be granted by a
recognised body within subsection (4)(a) or (b)
which the recognised body is authorised to grant
by the authorisation or regulations mentioned in
subsection (4)(a), and

(ii) 35is approved by or on behalf of that recognised
body;”.

(10) In subsection (3)(a), after “a recognised body” insert “within subsection (4)(c)”.

(11) In subsection (4), after “means” insert

(a) a body which is authorised to grant awards by—

(i) 40an authorisation given under section 40(1) of the Higher
Education and Research Act 2016 (“the 2016 Act”),

(ii) an authorisation varied under section 43(1) of the 2016
Act, or

(iii) regulations under section 47(1) of the 2016 Act,

Higher Education and Research BillPage 31

(b) a body for the time being permitted by a body within paragraph
(a) to act on its behalf in the granting of awards where the grant
of the awards by that other body on its behalf is authorised by
the authorisation or regulations mentioned in paragraph (a), or

(c) 5”.

(12) In the heading, after “awards” insert “etc”.

(13) Section 232 of the 1988 Act (orders and regulations) is amended in accordance
with subsections (14) and (15).

(14) After subsection (4), insert—

(4A) 10The power of the Office for Students to make an order under section 214
or 216 is exercisable by statutory instrument; and the Statutory
Instruments Act 1946 is to apply to such an instrument as if the order
had been made by a Minister of the Crown.”

(15) In subsection (5), after “fit” insert “or, in the case of orders under section 214 or
15216 made by the Office for Students, the Office for Students thinks fit”.

(16) The amendments made by section 49 or this section to section 214 or 216 of the
1988 Act do not affect the continuing validity of any orders made under section
214 or 216 of the 1988 Act before the coming into force of this section.

(17) Such orders made by the Secretary of State under section 214 or 216 of the 1988
20Act have effect after the coming into force of this section as if made by the OfS
under section 214 or 216 of the 1988 Act.

(18) The power in section 217(2) of the 1988 Act may be exercised so as to extend to
any of the Channel Islands any amendment made by section 49 or this section
to sections 214 to 216 of the 1988 Act with such adaptations and modifications
25(if any) as may be specified in the Order.

Powers in relation to “university” title

51 Use of “university” in title of institution

(1) Section 77 of the Further and Higher Education Act 1992 (use of “university” in
title of institution) is amended as follows.

(2) 30Before subsection (1) insert—

(A1) Where—

(a) power is conferred by any enactment or instrument to change
the name of any educational institution or any body corporate
carrying on such an institution,

(b) 35the educational institution is a registered higher education
provider, and

(c) the power is exercisable with the consent of the Privy Council,

then, the power may be exercised so as to include the word “university”
in the name of the institution and, if it is carried on by a body corporate,
40in the name of the body, but only if the Office for Students (instead of
the Privy Council) consents to that exercise of the power.”

(3) In subsection (1)—

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

Higher Education and Research BillPage 32

(b) omit “(whether or not the institution would apart from this section be a
university)”.

(4) After subsection (1) insert—

(1A) Subsections (A1) and (1) apply whether or not the educational
5institution would, apart from this section, be a university”.

(5) In subsection (2)—

(a) after “in subsection” insert “(A1) or”, and

(b) for “that subsection” substitute “subsections (A1) and (1)”.

(6) In subsection (3), after “name” insert “the Office for Students and”.

(7) 10In subsection (4), after “subsection” insert “(A1) or”.

(8) After subsection (4) insert—

(5) In subsection (A1), “registered higher education provider” has the same
meaning as in Part 1 of the Higher Education and Research Act 2016
(see section 78 of that Act).

(6) 15For the purposes of subsection (1), an educational institution is in Wales
if the institution’s activities are carried on, or principally carried on, in
Wales.”

(9) The amendments made by this section do not affect the continuing validity of
any consents given by the Privy Council under section 77 of the Further and
20Higher Education Act 1992 before the coming into force of this section.

52 Unauthorised use of “university” in title of institution etc

(1) Section 39 of the Teaching and Higher Education Act 1998 (unauthorised use
of “university” in title of institution etc) is amended as follows.

(2) Before subsection (1) insert—

(A1) 25A relevant institution in England must not, when making available (or
offering to make available) educational services, do so under a name
which includes the word “university” unless the inclusion of that word
in that name is—

(a) authorised by or by virtue of any Act or Royal Charter, or

(b) 30approved by the Office for Students for the purposes of this
section.”

(3) In subsection (1), omit “England or”.

(4) In subsection (2)—

(a) for “such an institution” substitute “a relevant institution in England or
35a relevant institution in Wales”, and

(b) after “subsection” insert “(A1) or”.

(5) In subsection (3), after “Subsection” insert “(A1),”.

(6) In subsection (4), after “subsection” insert “(A1),”.

(7) In subsection (5), after “this section” insert “the Office for Students and”.

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(8) After subsection (5) insert—

(5A) The power of the Office for Students under subsection (A1) or (2) is not
exercisable in a case where the inclusion of the word “university” in the
name in question may be authorised by virtue of any other Act or any
5Royal Charter.

(5B) But that does not prevent the power of the Office for Students under
subsection (A1) or (2) being exercisable where the inclusion of the word
“university” in the name in question has approval, or may require
approval, under section 55 or 1194 of the Companies Act 2006.

(5C) 10Where approval is given by the Office for Students under subsection
(A1) or (2) in such a case, that does not affect any requirement for
approval under section 55 or 1194 of the Companies Act 2006.”

(9) In subsection (7), for the definition of “relevant institution” substitute—

  • ““relevant institution in England” means a registered higher
    15education provider as defined by section 78 of the Higher
    Education and Research Act 2016;

  • “relevant institution in Wales” means—

    (a)

    an institution in Wales within the further education
    sector as defined by section 91(3) of the Further and
    20Higher Education Act 1992, or

    (b)

    an institution in Wales within the higher education
    sector as defined by section 91(5) of that Act;”.

(10) After subsection (7) insert—

(8) For the purposes of this section, an institution is in England or is in
25Wales if the institution’s activities are carried on, or principally carried
on, in England or, as the case may be, in Wales.”

(11) The amendments made by this section do not affect the continuing validity of
any approvals given by the Privy Council under section 39 of the Teaching and
Higher Education Act 1998 before the coming into force of this section.

53 30Revocation of authorisation to use “university” title

(1) The OfS may by order revoke any authorisation, consent or other approval
given by or by virtue of—

(a) an Act (other than the Companies Act 2006), or

(b) a Royal Charter,

35to an institution in England to include the word “university” in its name.

(2) That is the case even if the authorisation, consent or other approval was
granted for an indefinite period.

(3) The OfS may, in particular, make an order under subsection (1) if—

(a) in the case of consent or approval given by it under section 77 of the
40Further and Higher Education Act 1992 or section 39 of the Teaching
and Higher Education Act 1998, the institution ceases to be a registered
higher education provider, or

(b) in any other case, the institution is not a registered higher education
provider.

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(4) The OfS’s power to make an order under subsection (1) is exercisable by
statutory instrument; and the Statutory Instruments Act 1946 is to apply to
such an instrument as if the order had been made by a Minister of the Crown.

(5) An order under subsection (1) may make incidental, supplementary,
5transitional or saving provision.

(6) Any power to revoke an authorisation, consent or other approval mentioned in
subsection (1), which is a power which exists immediately before the coming
into force of this section, ceases to exist on that coming into force.

54 Revocation of authorisation: procedure

(1) 10Before making an order under section 53(1) revoking the authorisation,
consent or other approval given to an institution to include the word
“university” in its name, the OfS must notify the governing body of the
institution of its intention to do so.

(2) The notice must—

(a) 15specify the OfS’s reasons for proposing to take the step in question,

(b) specify the period during which the governing body may make
representations about the proposal (“the specified period”), and

(c) specify the way in which those representations may be made.

(3) The specified period must not be less than 28 days beginning with the date on
20which the notice is received.

(4) The OfS must have regard to any representations made by the governing body
of the institution during the specified period in deciding whether to take the
step in question.

(5) Having decided whether or not to take the step in question, the OfS must notify
25the governing body of the institution of its decision.

(6) If the OfS decides to revoke the authorisation, consent or other approval given
to an institution to include the word “university” in its name, the order under
section 53(1) must specify the date when the revocation takes effect.

(7) The notice must also contain information as to—

(a) 30the rights of appeal, and

(b) the period within which an appeal may be made.

(8) The revocation may not take effect at any time when an appeal could be
brought against the decision to revoke the authorisation, consent or other
approval, or such an appeal is pending.

(9) 35But that does not prevent the revocation taking effect if the governing body of
the institution notifies the OfS that it does not intend to appeal.

55 Appeals against revocation of authorisation

(1) The governing body of an institution may appeal to the First-tier Tribunal
against a decision of the OfS to revoke, by an order under section 53(1), an
40authorisation, consent or other approval given to the institution to include the
word “university” in its name.

(2) An appeal may be on the grounds—

Higher Education and Research BillPage 35

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) On an appeal, the Tribunal may—

(a) 5withdraw the decision;

(b) confirm the decision;

(c) remit the decision whether to confirm the decision, or any matter
relating to that decision, to the OfS.

Powers of entry and search

56 10Entering and searching premises with a warrant

(1) Schedule 5 makes provision about powers to enter and search premises in
England occupied by supported higher education providers or linked
institutions in relation to such providers.

(2) “Supported higher education provider” means a registered higher education
15provider which—

(a) is funded wholly or partly by a grant, loan or other payment from the
OfS under section 37 or 38 (financial support for providers), or

(b) provides higher education courses which are designated for the
purposes of section 22 of the Teaching and Higher Education Act 1998
20(financial support for students) by or under regulations made under
that section.

(3) A “linked institution” in relation to a supported higher education provider
means an institution which acts on behalf of the provider in the provision of a
higher education course by the provider.

25Information powers

57 Power to require information from unregistered providers

(1) The OfS may by notice require the governing body of an unregistered provider
to provide the OfS with such information for the purposes of the performance
of the OfS’s functions as the OfS requests in the notice.

(2) 30A notice under subsection (1) may require the information to be provided—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(3) If a governing body fails to comply with a notice under subsection (1) and does
not satisfy the OfS that it is unable to provide the information, the OfS may
35enforce the duty to comply with the notice in civil proceedings for an
injunction.

(4) “An unregistered provider” is an English higher education provider which is
not a registered higher education provider.

(5) See section 8(1)(b) for the ongoing registration condition of a registered higher
40education provider to provide information to the OfS.

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58 Cooperation and information sharing by the OfS

(1) The OfS—

(a) may cooperate with any person where it considers it appropriate to do
so for the efficient performance of a function of the OfS, and

(b) 5must cooperate with a person in the performance of such a function if
required to do so by the Secretary of State.

(2) The OfS—

(a) may cooperate with a relevant person where it considers it appropriate
to do so for the efficient performance of a relevant function of the
10relevant person, and

(b) must cooperate with a relevant person in the performance of such a
function if required to do so by the Secretary of State.

(3) The OfS may provide information to any person if the disclosure is made for
the purposes of the performance of a function of the OfS.

(4) 15The OfS may provide information to a relevant person if the disclosure is made
for the purposes of the performance of a relevant function of the relevant
person.

(5) Provision of information by the OfS which is authorised by this section does
not breach—

(a) 20an obligation of confidence owed by the OfS, or

(b) any other restriction on the provision of information (however
imposed).

(6) But nothing in this section authorises the OfS to provide information where
doing so contravenes the Data Protection Act 1998.

(7) 25In this section—

  • “relevant person” means—

    (a)

    the Privy Council, or

    (b)

    a person prescribed by regulations made by the Secretary of
    State;

  • 30“relevant function” means—

    (a)

    in relation to the Privy Council, any of its functions;

    (b)

    in relation to any other relevant person, a function prescribed
    by regulations made by the Secretary of State.

(8) Regulations under this section prescribing functions of a relevant person may
35prescribe all of the person’s functions.

Publication of information

59 Duty to publish English higher education information

(1) The relevant body must publish, or arrange for the publication of, such
information relating to higher education courses provided in England by
40registered higher education providers as the OfS considers appropriate.

(2) In this section “the relevant body” means—

(a) the designated body (see section 60), or

(b) if there is no such body, the OfS.

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(3) The information must be published—

(a) at times that the OfS considers appropriate, and

(b) at least once a year.

(4) The information must be published in a form and manner that the OfS
5considers appropriate.

(5) When determining what information should be published, and when and how
it should be published, the OfS must in particular consider what would be
helpful to—

(a) students on higher education courses provided in England by
10registered higher education providers;

(b) people thinking about undertaking such courses;

(c) registered higher education providers.

(6) The OfS must from time to time consult the following about the matters
described in subsection (5)

(a) 15a number of registered higher education providers that, taken together,
appear to the OfS to comprise a broad range of the different types of
such providers,

(b) a number of persons that, taken together, appear to the OfS to
represent, or promote the interests of, a broad range of students on
20higher education courses provided in England by registered higher
education providers,

(c) a number of persons that, taken together, appear to the OfS to
represent, or promote the interests of, a broad range of employers of
graduates, and

(d) 25such other persons as the OfS considers appropriate.

(7) In performing the duty under subsection (1), the relevant body must—

(a) cooperate with other persons who collect information from registered
higher education providers, and

(b) have regard to the desirability of reducing the burdens on such
30providers relating to the collection of information.

(8) In carrying out its other functions under this section, the OfS must have regard
to the desirability of reducing the burdens described in subsection (7)(b).

(9) The functions conferred by this section do not affect any other functions of the
OfS regarding information.

(10) 35In this section “graduate” means a graduate of a higher education course
provided in England by a registered higher education provider.

60 Designated body

(1) In section 59 and this section, “designated body” means a body for the time
being designated under Schedule 6.

(2) 40In Schedule 6—

(a) Part 1 makes provision about the designation of a body for the
purposes of section 59, and

(b) Part 2 makes provision about oversight of the designated body by the
OfS.

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(3) If there is a designated body, the OfS must have regard to the views of that
body when making a decision under section 59 about what information should
be published and when and how it should be published.

(4) A person listed in subsection (5) may by notice require a designated body to
5provide the person with information which is held by the designated body for
the purposes of the performance of its duty under section 59(1).

(5) Those persons are—

(a) the OfS,

(b) UKRI, and

(c) 10the Secretary of State.

(6) A person may give a notice under subsection (4) only in respect of information
which is required by the person for the purposes of the performance of any of
the person’s functions.

(7) A notice under subsection (4) may require the information to be provided—

(a) 15by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(8) If a designated body fails to comply with a notice under subsection (4) and
does not satisfy the person who gave the notice that it is unable to provide the
information, that person may enforce the duty to comply with the notice in
20civil proceedings for an injunction.

61 Power of designated body to charge fees

(1) A designated body may charge an annual fee to any registered higher
education provider in respect of costs incurred, or to be incurred, by the body
in the performance by the body of its duty under section 59(1) and its other
25functions under this Act.

(2) The amount of a fee payable by a registered higher education provider under
this section may be calculated by reference to costs incurred, or to be incurred,
by the body in the performance by the body of any of its functions under this
Act which are unconnected with the provider.

(3) 30The total fees payable under this section in any period of 12 months must not
exceed the total costs incurred by the body in that period in the performance
by the body of its functions under this Act.

(4) The designated body must publish—

(a) a statement of the amount of the fees which it charges under this section
35and the basis on which they are calculated, and

(b) revised statements where the amount of the fees or the basis on which
they are calculated changes.

(5) “Designated body” has the same meaning as in section 60.

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Efficiency studies etc

62 Studies for improving economy, efficiency and effectiveness

(1) The OfS may arrange for studies designed to improve economy, efficiency and
effectiveness in the management or operations of a registered higher education
5provider to be promoted or carried out by a person.

(2) A person promoting or carrying out such studies at the request of the OfS (“a
researcher”) may require the governing body of the provider concerned—

(a) to provide the researcher or an authorised person with such
information as the researcher may reasonably require for that purpose,
10and

(b) to make available for inspection, to the researcher or an authorised
person, their accounts and such other documents as the researcher may
reasonably require for that purpose.

(3) “Authorised person” means a person authorised by the researcher.

15Funding of the OfS

63 Registration fees

(1) The OfS may, in accordance with regulations made by the Secretary of State,
charge an institution either or both of the following—

(a) a fee for its initial registration in the register;

(b) 20a fee for its ongoing registration in the register for each period of twelve
months.

(2) The regulations may, in particular, make provision—

(a) about the amounts which may be charged, including different amounts
for different institutions;

(b) 25about the charging of proportions of those amounts in certain
circumstances;

(c) about when a fee is payable, including about payment by instalments;

(d) about the consequences of non-payment;

(e) about notification of institutions of the fees payable, when they are
30payable and the consequences of non-payment;

(f) about the recovery of fees and of costs in recovering those fees;

(g) about the imposition of financial penalties for late payment of fees;

(h) about rights of appeal in respect of the imposition of such penalties;

(i) about the charging of interest;

(j) 35about the waiving or refunding of fees.

(3) The regulations may provide for the amounts of fees to be calculated by
reference to costs incurred, or to be incurred, by the OfS in the performance of
any of its functions (including costs unconnected with maintaining the register
or with the institution in question).

(4) 40Regulations under this section may be made only with the consent of the
Treasury.