Higher Education and Research Bill (HC Bill 78)

Higher Education and Research BillPage 50

periods of the same amounts as the payments which would be required
by virtue of this paragraph if the AP recipient were a borrower”,

(d) after paragraph (e) insert—

(ea) requiring the making by AP recipients, in respect of
5periods when any contributions due in respect of their
alternative payments have not been made, of—

(i) additional contributions of the same amounts as
the payments which would be required by virtue
of paragraph (e)(i) if the alternative payments
10were loans, or

(ii) both such additional contributions and one or
more surcharges (together with further
additional contributions in respect of periods
when such surcharges are due but unpaid);”,

(e) 15in paragraph (f)—

(i) after “borrowers” insert “or AP recipients”, and

(ii) at the end insert “or contributions”, and

(f) in paragraph (h), after “borrowers” insert “or AP recipients”.

(6) In subsection (10), after “Interest” insert “or contributions”.

(7) 20After subsection (10) insert—

(11) In this section—

(a) references to an alternative payment are to a payment which, in
the Secretary of State’s opinion, achieves a similar effect to a
loan under this section without including provision for the
25payment of interest, and

(b) references to a borrower are to a person to whom a loan is
made.”

(8) In section 46 of the Teaching and Higher Education Act 1998 (extent etc)—

(a) in subsection (7), in the entry relating to section 22, after “(3)(e)” insert
30“, (4B)(e)”, and

(b) in subsection (8), in the entry relating to section 22, after “or (h)” insert
“, (4B)(e), (f), (g) or (h)”.

(9) The functions of making any provision authorised by the new subsection
(4B)(e) and (f) of section 22 of the Teaching and Higher Education Act 1998 (as
35inserted by subsection (4)) are exercisable in relation to Wales by the Secretary
of State (rather than by the Welsh Ministers).

(10) See section 44 of the Higher Education Act 2004 for provision about the
exercise in relation to Wales of the other functions under section 22 of the Act
of 1998 (including other functions conferred by virtue of this section).

80 40Section 79: consequential amendments

(1) In section 73E of the Education (Scotland) Act 1980 (supply of information in
connection with student loans)—

(a) in subsections (2) and (3)(b), after “loans” insert “and alternative
payments”,

(b) 45in subsection (6)(c)—

Higher Education and Research BillPage 51

(i) in the opening words, after “loans” insert “and alternative
payments”, and

(ii) in sub-paragraph (ii), after “loans” insert “or alternative
payments”.

(2) 5In section 23(7)(a)(i) of the Teaching and Higher Education Act 1998 (functions
in respect of which payments are to be made) for “or loans” substitute “, loans
or alternative payments”.

(3) In section 24 of that Act (supply of information in connection with student
support)—

(a) 10in subsections (2) and (3)(b)(i), after “loans” insert “and alternative
payments”,

(b) in subsection (6)(c)—

(i) in the opening words, after “loans” insert “and alternative
payments”, and

(ii) 15in sub-paragraph (i), after “loans” insert “or alternative
payments”, and

(c) in subsection (10), for “or loans” substitute “loans, or alternative
payments”.

(4) In paragraph 15 of Schedule 2 to the Commissioners for Revenue and Customs
20Act 2005 (restrictions on functions of Commissioners for Revenue and
Customs) for “the student loan scheme” substitute “student support”.

(5) In Article 5 of the Education (Student Support) (Northern Ireland) Order 1998
(S.I. 1998/1760 (N.I. 14)S.I. 1998/1760 (N.I. 14) (supply of information in connection with student
loans)—

(a) 25in paragraphs (2) and (3)(b), after “loans” insert “and alternative
payments”, and

(b) in paragraph (6)(c)—

(i) in the opening words, after “loans” insert “and alternative
payments”, and

(ii) 30in head (ii), after “loans” insert “or alternative payments”.

81 Other amendments relating to financial support

(1) Section 22 of the Teaching and Higher Education Act 1998 (power to give
financial support for students) is amended as follows.

(2) In subsection (2), after paragraph (a) insert—

(aa) 35for the designation of a higher education course for the
purposes of this section to be determined by reference to
matters determined or published by the Office for Students or
other persons;”.

(3) In subsection (2), after paragraph (f) insert—

(fa) 40in the case of a grant under this section in connection with a
higher education course, where a payment has been so
suspended, for the cancellation of any entitlement to the
payment in such circumstances as may be prescribed by, or
determined by the person making the regulations under, the
45regulations;”.

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(4) After subsection (2) insert—

(2A) The provision which may be made by virtue of subsection (2)(b) in
respect of higher education courses includes provision prescribing the
maximum amount by reference to matters determined or published by
5the Secretary of State or other persons.”

(5) In subsection (3), after paragraph (d) insert—

(da) in the case of a loan under this section in connection with a
higher education course, for the cancellation of the entitlement
of a borrower to receive a sum under such a loan in such
10circumstances as may be prescribed by, or determined by the
person making the regulations under, the regulations where the
payment of the sum has been suspended;”.

Student complaints scheme

82 Qualifying institutions for purposes of student complaints scheme

(1) 15Part 2 of the Higher Education Act 2004 (review of student complaints) is
amended in accordance with subsections (2) to (4).

(2) In section 11 (qualifying institutions for purposes of student complaints
scheme)—

(a) in paragraph (a)(iii), after “the 1992 Act” insert “or section 40 of the
20Higher Education and Research Act 2016 (“the 2016 Act”)”,

(b) after paragraph (d), insert—

(da) a registered higher education provider as defined by
section 78 of the 2016 Act (other than one within
paragraph (a), (b), (c) or (d) of this section);”, and

(c) 25in paragraph (f), after “the 1992 Act” insert “or section 40 of the 2016
Act”.

(3) After section 20 insert—

20A Institutions in England that cease to be qualifying institutions

(1) An institution in England that ceases to be a qualifying institution is a
30“transitional institution” during the shorter of—

(a) the period of 12 months beginning with the day on which it
ceases to be a qualifying institution, and

(b) the period beginning with that day and ending when it becomes
a qualifying institution again,

35(and the shorter period is referred to in this section as “the transitional
period”).

(2) For the purposes of this Part, a transitional institution is to be treated as
continuing to be a qualifying institution in England during the
transitional period, subject to subsection (3).

(3) 40A complaint is not a qualifying complaint to the extent that it is about
an act or omission of a transitional institution which occurred on or
after the day on which the transitional period began.

(4) In section 12(3) (power of designated operator to determine when
certain complaints are qualifying complaints), the reference to a

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qualifying institution within paragraph (e) or (f) of section 11 includes
a transitional institution that was a qualifying institution within either
of those paragraphs immediately before the beginning of the
transitional period.”

(4) 5In section 21 (interpretation of Part 2)—

(a) number the existing text as subsection (1),

(b) in that subsection, omit the definition of “governing body”,

(c) in that subsection, after the definition of “higher education
corporation” insert—

  • 10““institution” includes a training provider in England who
    would not otherwise be regarded as an institution;”,

(d) in that subsection, at the end insert—

  • ““training provider” means a person who provides
    training for members of the school workforce within the
    15meaning of Part 3 of the Education Act 2005 (see section
    100 of that Act).”, and

(e) after that subsection insert—

(2) In this Part “governing body”—

(a) in relation to a training provider in England who, but for
20the definition of “institution” in subsection (1), would
not be regarded as an institution, means any persons
responsible for the provider’s management;

(b) in relation to a provider of higher education designated
under section 77 of the Higher Education and Research
25Act 2016, means any persons responsible for the
provider’s management;

(c) in relation to any other institution, has the meaning
given by section 90(1) of the 1992 Act, but subject to any
provision made by virtue of section 90(2) of that Act.”

(5) 30In section 118(8) of the Equality Act 2010 (time limits), in the definition of
“qualifying institution”, at the end insert “, disregarding paragraph (da) of that
section and the definition of “institution” in section 21(1) of that Act”.

(6) In section 32(1) of the Counter-Terrorism and Security Act 2015 (monitoring of
performance: further and higher education bodies), in paragraph (a) of the
35definition of “relevant higher education body”, after “2004” insert “,
disregarding paragraph (da) of that section and the definition of “institution”
in section 21(1) of that Act”.

Deregulation of higher education corporations

83 Higher education corporations in England

40Schedule 8 contains provision about higher education corporations in England.

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Part 3 Research

Establishment of United Kingdom Research and Innovation

84 United Kingdom Research and Innovation

(1) 5A body corporate called United Kingdom Research and Innovation or, in
Welsh, Ymchwil ac Arloesedd y Deyrnas Unedig, is established.

(2) In this Act that body is referred to as “UKRI”.

(3) Section 85 and Schedule 9 contain further provision about UKRI.

85 The Councils of UKRI

(1) 10UKRI is to have the following committees (referred to in this Part as the
“Councils”)—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) the Economic and Social Research Council,

(d) 15the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) the Natural Environment Research Council,

(g) the Science and Technology Facilities Council,

(h) Innovate UK, and

(i) 20Research England.

(2) The Secretary of State may by regulations amend subsection (1) so as to—

(a) add or omit a Council, or

(b) change the name of a Council.

(3) But the regulations may not omit, or change the name of, Innovate UK or
25Research England.

Research and innovation functions and role of the Councils

86 UK research and innovation functions

(1) UKRI may—

(a) carry out research into science, technology, humanities and new ideas,

(b) 30facilitate, encourage and support research into science, technology,
humanities and new ideas,

(c) facilitate, encourage and support the development and exploitation of
science, technology, new ideas and advancements in humanities,

(d) collect, disseminate and advance knowledge in and in connection with
35science, technology, humanities and new ideas,

(e) promote awareness and understanding of science, technology,
humanities and new ideas,

(f) provide advice on any matter relating to any of its functions, and

(g) promote awareness and understanding of its activities.

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(2) The activities which UKRI may carry out in, or in connection with, exercising
a function conferred by subsection (1) are not restricted to the United
Kingdom.

(3) Section 87 makes further provision about the giving of financial support under
5this section.

(4) Sections 88 to 91 provide for UKRI to make arrangements for the exercise of
functions by the Councils on UKRI’s behalf.

87 Financial support: supplementary provision

(1) The power of UKRI under section 86 to give financial support includes, in
10particular, power to make grants, loans or other payments.

(2) Financial support may be given by UKRI under that section on such terms and
conditions as UKRI considers appropriate.

(3) The terms and conditions may, in particular—

(a) enable UKRI to require the repayment, in whole or in part, of sums paid
15by UKRI if any of the terms and conditions subject to which the sums
were paid is not complied with,

(b) require the payment of interest in respect of any period during which a
sum due to UKRI in accordance with any of the terms and conditions
remains unpaid, and

(c) 20require a person to whom financial support is given to provide UKRI
with any information it requests for the purpose of the exercise of any
of its functions.

(4) In exercising the power under section 86 to give financial support to any
person, UKRI must have regard to the desirability of not discouraging the
25person from maintaining or developing funding from other sources.

88 Exercise of functions by science and humanities Councils

(1) UKRI must arrange for the Council listed in the first column of the following
table to exercise such functions of UKRI in respect of the field of activity listed
in the corresponding entry in the second column of the table as UKRI may
30determine.

Council Field of activity
Arts and Humanities Research
Council
Arts and humanities
Biotechnology and Biological
Sciences Research Council
Biotechnology and biological
35sciences
Economic and Social Research
Council
Social sciences
Engineering and Physical
Sciences Research Council
Engineering and physical
sciences

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Council Field of activity
Medical Research Council Medicine and biomedicine
aimed at improving human
health
Natural Environment
Research Council
5Environmental and related
sciences
Science and Technology
Facilities Council
Astronomy, particle physics,
space science, nuclear
physics and provision and
10operation of research
facilities in relation to any
area of activity specified in
this column

(2) Arrangements under this section may, in particular, provide for the exercise by
15the Council concerned of UKRI’s functions under paragraph 8(1) and (2) of
Schedule 9 in relation to relevant specialist employees.

(3) A “relevant specialist employee”, in relation to a Council, means a researcher
or scientist employed by UKRI to work in the field of activity of that Council
(see the table in subsection (1)).

(4) 20Arrangements under this section must require the Council concerned, when
exercising any function to which the arrangements relate, to have regard to the
desirability of—

(a) contributing to economic growth in the United Kingdom, and

(b) improving quality of life (whether in the United Kingdom or
25elsewhere).

(5) The Secretary of State may by regulations—

(a) amend the first column of the table in subsection (1) in consequence of
provision made by regulations under section 85;

(b) amend the second column of that table.

89 30Exercise of functions by Innovate UK

(1) UKRI must arrange for Innovate UK to exercise such functions of UKRI as
UKRI may determine for the purpose of increasing economic growth in the
United Kingdom.

(2) But arrangements may not be made under this section for the exercise by
35Innovate UK of UKRI’s function mentioned in section 86(1)(a).

(3) Arrangements under this section must require Innovate UK, when exercising
any function to which the arrangements relate, to have regard to the
desirability of—

(a) benefitting (whether directly or indirectly) persons carrying on
40business in the United Kingdom, and

(b) improving quality of life in the United Kingdom.

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90 Exercise of functions by Research England

(1) UKRI must arrange for Research England to exercise such functions of UKRI
as UKRI may determine for the purpose of giving financial support within
subsection (2) or (3).

(2) 5Financial support is within this subsection if it is given to the governing body
of an eligible higher education provider in respect of expenditure incurred, or
to be incurred, by the provider for the purposes of either or both of the
following—

(a) the undertaking of research by the provider;

(b) 10the provision of facilities, or the carrying out of other activities, by the
provider which its governing body considers it is necessary or desirable
to provide or carry out for the purposes of, or in connection with,
research.

(3) Financial support is within this subsection if it is given to any person in respect
15of expenditure incurred, or to be incurred, by the person for the purposes of the
provision by any person of services for the purposes of, or in connection with,
the undertaking of research by eligible higher education providers receiving
financial support which is within subsection (2).

(4) Arrangements under this section must require Research England, when
20exercising a function for the purpose of giving financial support, to consult
such persons as Research England considers appropriate before determining
any terms and conditions to be imposed in relation to the financial support.

(5) “Eligible higher education provider” has the same meaning as in section 37.

91 Exercise of functions by the Councils: supplementary

(1) 25UKRI may arrange for any Council to exercise such other functions of UKRI as
UKRI may determine in addition to those exercisable by the Council pursuant
to arrangements under section 88, 89 or 90 (as the case may be).

(2) Arrangements under subsection (1) may result in a function of UKRI being
exercisable by more than one Council.

(3) 30A function of UKRI which is exercisable by a Council on UKRI’s behalf
pursuant to arrangements under sections 88 to 90 or subsection (1) may also be
exercised by UKRI.

(4) Arrangements under sections 88 to 90 or subsection (1) must require the
Council concerned to provide UKRI with such advice or information about the
35exercise of any function to which the arrangements relate as UKRI may require
it to provide.

Strategies and strategic delivery plans

92 UKRI’s research and innovation strategy

(1) UKRI must—

(a) 40if requested to do so by the Secretary of State, prepare a strategy for the
exercise of its functions during the period specified in the request, and

(b) submit the strategy to the Secretary of State for approval.

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(2) A strategy under subsection (1) is referred to in this Part as a “research and
innovation strategy”.

(3) A research and innovation strategy must specify—

(a) the period before the end of which each Council must submit a strategic
5delivery plan to UKRI under section 93, and

(b) the period to which such a plan must relate.

(4) The Secretary of State may approve a research and innovation strategy with or
without modifications.

(5) UKRI must publish a research and innovation strategy approved under this
10section in such manner as the Secretary of State may require it to be published.

93 Councils’ strategic delivery plans

(1) This section applies where UKRI publishes a research and innovation strategy
under section 92.

(2) UKRI must arrange for each Council to—

(a) 15prepare a strategic delivery plan for the period specified in the strategy
by virtue of section 92(3)(b), and

(b) submit it to UKRI for approval.

(3) The strategic delivery plan must be submitted before the end of the period
specified in the strategy by virtue of section 92(3)(a).

(4) 20A strategic delivery plan is a plan setting out the Council’s proposals for the
exercise by the Council, during the period to which the plan relates, of
functions of UKRI pursuant to arrangements under sections 88 to 91.

(5) UKRI may approve a strategic delivery plan with or without modifications.

(6) UKRI must publish a strategic delivery plan approved under this section in
25such manner as the Secretary of State may require it to be published.

(7) Arrangements under sections 88 to 91 must require the Council concerned,
when exercising any function to which the arrangements relate, to do so in
accordance with any relevant strategic delivery plan.

(8) A strategic delivery plan is a “relevant strategic delivery plan” for the purposes
30of subsection (7) if—

(a) it was prepared by the Council concerned and has been approved
under this section, and

(b) it relates to the period during which the function concerned is being
exercised.

35Funding and directions

94 Grants to UKRI from the Secretary of State

(1) The Secretary of State may make grants to UKRI of such amounts, and subject
to such terms and conditions, as the Secretary of State considers appropriate.

(2) Where a grant is made in respect of functions exercisable by Research England
40pursuant to arrangements under section 90, terms and conditions under
subsection (1) may be imposed only if—

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(a) they are requirements to be met before financial support of a specified
amount or of a specified description is given by Research England in
respect of activities carried on by an institution, and

(b) they apply to every institution, or every institution within a specified
5description, in respect of whose activities that support may be
provided.

(3) Where a grant is made in respect of functions exercisable by Research England
pursuant to arrangements under section 90, any terms and conditions under
subsection (1) may not be framed by reference to—

(a) 10particular courses of study or programmes of research (including the
contents of courses or programmes and the manner in which they are
taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for
the admission of students.

(4) 15Terms and conditions under subsection (1) may, in particular—

(a) enable the Secretary of State to require the repayment, in whole or in
part, of sums paid by the Secretary of State if any of the terms and
conditions subject to which the sums were paid is not complied with,
and

(b) 20require the payment of interest in respect of any period during which a
sum due to the Secretary of State in accordance with any of the terms
and conditions remains unpaid.

(5) In this section “specified” means specified in the terms and conditions.

95 Secretary of State’s power to give directions to UKRI

(1) 25The Secretary of State may give UKRI directions about the allocation or
expenditure by UKRI of grants received under section 94.

(2) The Secretary of State may give a direction under this section in respect of
functions exercisable by Research England pursuant to arrangements under
section 90, only if—

(a) 30it relates to requirements to be met before financial support of a
specified amount or of a specified description is given by Research
England in respect of activities carried on by an institution, and

(b) it relates to every institution, or every institution within a specified
description, in respect of whose activities that support may be
35provided.

(3) The Secretary of State may not give a direction under this section in respect of
functions exercisable by Research England pursuant to arrangements under
section 90 which is framed by reference to—

(a) particular courses of study or programmes of research (including the
40contents of courses or programmes and the manner in which they are
taught, supervised or assessed), or

(b) the criteria for the selection and appointment of academic staff and for
the admission of students.

(4) UKRI must comply with any directions given under this section.

(5) 45In this section “specified” means specified in the direction.