Higher Education and Research Bill (HC Bill 78)

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96 Balanced funding and advice from UKRI

(1) The Secretary of State must have regard to the matters mentioned in subsection
(2) when—

(a) deciding to make a grant under section 94,

(b) 5determining any terms and conditions of a grant under that section, or

(c) giving a direction under section 95.

(2) The matters are—

(a) the balanced funding principle, and

(b) any advice provided to the Secretary of State by UKRI about the
10allocation of funding in relation to its functions.

(3) The “balanced funding principle” is the principle that it is necessary to ensure
that a reasonable balance is achieved in the allocation of funding as between—

(a) functions exercisable by the Councils mentioned in section 88(1)
pursuant to arrangements under that section, and

(b) 15functions exercisable by Research England pursuant to arrangements
under section 90.

General functions

97 General duties

(1) In exercising its functions, UKRI must have regard to the need to use its
20resources in the most efficient, effective and economic way.

(2) In exercising its functions, including its duty under subsection (1), UKRI must
have regard to guidance given to it by the Secretary of State.

98 Power to require information and advice from UKRI

(1) UKRI must provide the Secretary of State with—

(a) 25such information regarding any of its functions, or obtained in the
exercise of any of its functions, as the Secretary of State may require it
to provide, and

(b) such advice regarding any of its functions as the Secretary of State may
require it to provide.

(2) 30UKRI must provide information or advice under subsection (1) in such form as
the Secretary of State may require it to be provided.

99 Studies for improving economy, efficiency and effectiveness

(1) UKRI may arrange for studies falling within subsection (2) to be promoted or
carried out by a person.

(2) 35Studies fall within this subsection if they are designed to improve economy,
efficiency and effectiveness in carrying out activities in respect of which UKRI
gives financial support.

(3) A person promoting or carrying out such studies at the request of UKRI (“a
researcher”) may require the person carrying out the activities—

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

(b) to make available for inspection, to the researcher or an authorised
5person, their accounts and such other documents as the researcher may
reasonably require for that purpose.

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

100 Provision of research services

(1) UKRI may, in connection with any of its functions, provide research services to
10a person (whether or not in the United Kingdom).

(2) The following are “research services”—

(a) undertaking research into science, technology, humanities or new
ideas;

(b) making facilities available for the undertaking of such research by
15another person;

(c) the carrying out of any other activity for the purposes of, or in
connection with, the undertaking of such research.

(3) Research services provided by virtue of this section may be provided subject to
such terms and conditions as UKRI considers appropriate.

(4) 20UKRI may charge for research services provided by virtue of this section.

101 Representing the United Kingdom

UKRI must, if so requested by the Secretary of State, represent the government
of the United Kingdom in matters relating to international relations in any field
of activity connected to its functions.

25Supplementary

102 Predecessor bodies and preservation of symbolic property

(1) The following bodies corporate (each a “research council”) cease to exist—

(a) the Arts and Humanities Research Council,

(b) the Biotechnology and Biological Sciences Research Council,

(c) 30the Economic and Social Research Council,

(d) the Engineering and Physical Sciences Research Council,

(e) the Medical Research Council,

(f) the Natural Environment Research Council,

(g) the Science and Technology Facilities Council, and

(h) 35the Technology Strategy Board.

(2) The Royal Charters establishing the research councils, and any supplemental
Royal Charter granted to a council, are revoked.

(3) A property transfer scheme made by the Secretary of State under Schedule 10
in connection with a research council must, in particular, make provision for
40the transfer of the symbolic property of the council to UKRI.

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(4) The symbolic property of a research council is—

(a) the name of, and any other name used by, the council,

(b) any goodwill in a name falling within paragraph (a),

(c) any logo or insignia of the council, and

(d) 5any seal of the council.

103 Amendments to powers to support research

(1) In section 5 of the Science and Technology Act 1965 (further powers of
Secretary of State), after subsection (1) insert—

(1ZA) The power to give financial support under subsection (1)(a) includes, in
10particular, power to make a grant, loan or other payment, on such
terms and conditions as the relevant authority considers appropriate.

(1ZB) The terms and conditions may, in particular—

(a) enable the relevant authority to require the repayment, in whole
or in part, of sums paid by it if any of the terms and conditions
15subject 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 the relevant authority in accordance with
any of the terms and conditions remains unpaid, and

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

(1ZC) In subsections (1ZA) and (1ZB), “the relevant authority” means—

(a) in the case of the power of the Secretary of State to give financial
support under subsection (1)(a), the Secretary of State;

(b) 25in the case of the power of the Welsh Ministers to give financial
support under subsection (1)(a), the Welsh Ministers;

(c) in the case of the power of the Scottish Ministers to give
financial support under subsection (1)(a), the Scottish
Ministers.”

(2) 30In section 10 of the Higher Education Act 2004 (research in arts and
humanities), after subsection (4) insert—

(5) The powers under this section to give financial support include, in
particular, power to make a grant, loan or other payment, on such
terms and conditions as the relevant authority considers appropriate.

(6) 35The terms and conditions may, in particular—

(a) enable the relevant authority to require the repayment, in whole
or in part, of sums paid by it 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
40which a sum due to the relevant authority in accordance with
any of the terms and conditions remains unpaid, and

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

(7) 45In subsections (5) and (6), “the relevant authority” means—

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(a) in the case of the power under subsection (1)(a), the Secretary of
State;

(b) in the case of the power under subsection (2)(a), the Welsh
Ministers;

(c) 5in the case of the power under subsection (3)(a), the Scottish
Ministers;

(d) in the case of the power under subsection (4)(a), the Northern
Ireland Department having responsibility for higher
education.”

10Interpretation

104 Definitions

(1) In this Part—

  • “Council” has the meaning given by section 85;

  • “humanities” includes the arts;

  • 15“research and innovation strategy” has the meaning given by section 92;

  • “science” includes social sciences.

(2) In this Part, a reference to the United Kingdom includes a reference to any part
of the United Kingdom.

Part 4 20General

General

105 Cooperation and information sharing between the OfS and UKRI

(1) The OfS and UKRI may cooperate with one another in exercising any of their
functions.

(2) 25The OfS and UKRI must, if required to do so by the Secretary of State,
cooperate with one another in exercising any of their functions.

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

(4) UKRI may provide information to the OfS if the disclosure is made for the
30purposes of the exercise of any function of the OfS.

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

(a) an obligation of confidence owed by the person making the disclosure,
or

(b) any other restriction on the provision of information (however
35imposed).

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

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106 Joint working

(1) A relevant authority may exercise any of its functions jointly with another
relevant authority if the condition in subsection (2) is met.

(2) The condition is that it appears to the relevant authorities concerned that
5exercising the function jointly—

(a) will be more efficient, or

(b) will enable them more effectively to exercise any of their functions.

(3) In this section “relevant authority” means—

(a) the OfS,

(b) 10UKRI, but only in relation to functions exercisable by Research England
pursuant to arrangements made under section 90,

(c) the Higher Education Funding Council for Wales,

(d) the Scottish Further and Higher Education Funding Council,

(e) the Secretary of State to the extent that the Secretary of State is
15exercising functions under section 14 of the Education Act 2002 (power
to give financial assistance for purposes related to education or
children etc),

(f) the Welsh Ministers to the extent that they are exercising their functions
under Part 2 of the Learning and Skills Act 2000 (further and sixth form
20education in Wales), or

(g) the Department for the Economy in Northern Ireland, or the
Department of Agriculture, Environment and Rural Affairs in
Northern Ireland, in relation to funding higher education, or research,
in Northern Ireland but only to the extent that the Department is
25exercising functions in connection with such funding.

(4) For the purposes of subsection (3)(g) “higher education” has the same meaning
as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I.
1997/1772 (N.I. 15)).

107 Advice to Northern Ireland departments

(1) 30The OfS and UKRI may provide such advisory services as the Department for
the Economy in Northern Ireland or the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland may require in connection
with the discharge of the Department’s functions relating to higher education
in Northern Ireland.

(2) 35The services may be provided on such terms as may be agreed.

(3) For the purposes of this section “higher education” has the same meaning as in
Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/
1772 (N.I. 15)).

108 Transfer schemes

40Schedule 10 contains provision about schemes for the transfer of staff and
property, rights and liabilities in connection with—

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

(b) a body or office ceasing to exist by virtue of this Act.

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109 Power to make consequential provision etc

(1) The Secretary of State may by regulations make such provision as appears to
the Secretary of State to be appropriate in consequence of any provision made
by or under this Act.

(2) 5The power conferred by subsection (1) includes power to amend, repeal,
revoke or otherwise modify—

(a) primary or secondary legislation passed or made before this Act or in
the same Session as this Act, or

(b) subject to subsection (3), a Royal Charter granted before this Act is
10passed or in the same Session as this Act.

(3) Provision may be made under subsection (1) by virtue of subsection (2)(b) only
if such provision appears to the Secretary of State to be appropriate in
consequence of provision made by or under any of sections 40 to 55 (degree
awarding powers and university title).

110 15Transitional, transitory or saving provision

The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

111 Pre-commencement consultation

(1) 20Subsections (2) and (3) apply in relation to a provision of this Act under or by
virtue of which the OfS has a function of consulting another person.

(2) At any time before the provision comes into force (and whether before or after
the passing of this Act), the Secretary of State, the DFA or HEFCE or any of
them acting jointly—

(a) 25may carry out any consultation that the OfS would have power or a
duty to carry out after the provision comes into force, and

(b) for that purpose, may prepare drafts of any documents to which the
consultation relates.

(3) At any time after the provision comes into force, the OfS may elect to treat any
30consultation carried out or other thing done under subsection (2) by the
Secretary of State, the DFA or HEFCE (or any of them acting jointly) as carried
out or done by the OfS.

(4) Subsections (5) and (6) apply in relation to a provision of this Act under or by
virtue of which UKRI has a function of consulting another person.

(5) 35At any time before the provision comes into force (and whether before or after
the passing of this Act), the Secretary of State or HEFCE or the Secretary of
State and HEFCE acting jointly—

(a) may carry out any consultation that UKRI would have power or a duty
to carry out after the provision comes into force, and

(b) 40for that purpose, may prepare drafts of any documents to which the
consultation relates.

(6) At any time after the provision comes into force, UKRI may elect to treat any
consultation carried out or other thing done under subsection (5) by the

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Secretary of State or HEFCE (or the Secretary of State and HEFCE acting
jointly) as carried out or done by UKRI.

(7) In this section—

  • “the DFA” means the Director of Fair Access to Higher Education;

  • 5“HEFCE” means the Higher Education Funding Council for England.

112 Regulations

(1) Any power to make regulations under this Act is exercisable by statutory
instrument.

(2) A statutory instrument which contains (whether alone or with other provision)
10any of the following may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 15(2) (power to impose monetary penalties);

(b) regulations under section 28(5) (regulations regarding the OfS’s
approval of access and participation plans);

(c) 15regulations under section 31(1) (content of such a plan: equality of
opportunity);

(d) regulations under section 85(2) (regulations changing the structure of
UKRI’s Councils);

(e) regulations under section 88(5) (regulations in connection with changes
20made to structure of UKRI’s Councils or changing the fields of activity
of the Councils);

(f) regulations under section 109(1) (power to make consequential
provision) which include provision that amends or repeals a provision
of primary legislation or a Royal Charter.

(3) 25Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.

(4) But subsection (3) does not apply to regulations under Schedule 2 to which
paragraph 4(2)(b), (3)(b) or (4)(b) (regulations increasing the higher, basic or
floor amounts) applies.

(5) 30Regulations under this Act may—

(a) make different provision for different purposes, cases or areas,

(b) make provision generally or only in relation to specified cases, and

(c) make incidental, consequential, supplementary, transitional, transitory
or saving provision.

(6) 35Nothing in this Act is to be regarded as affecting the generality of subsection
(5).

(7) This section does not apply to regulations made under section 117
(commencement).

113 Directions

40Any power conferred by this Act to give directions includes power, exercisable
in the same manner and subject to the same conditions or limitations, to vary
or revoke directions previously given.

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114 General interpretation

In this Act—

  • “notice” means written notice (and to “notify” means to give written
    notice);

  • 5“the OfS” has the meaning given by section 1;

  • “primary legislation” means—

    (a)

    an Act of Parliament;

    (b)

    an Act of the Scottish Parliament;

    (c)

    a Measure or Act of the National Assembly for Wales;

    (d)

    10Northern Ireland legislation;

  • “secondary legislation” means an instrument made under primary
    legislation;

  • “UKRI” has the meaning given by section 84.

115 Minor and consequential amendments

(1) 15Schedule 11 contains minor and consequential amendments relating to Part 1.

(2) Schedule 12 contains minor and consequential amendments relating to Part 3.

116 Extent

(1) Subject to the rest of this section, this Act extends to England and Wales only.

(2) The following provisions also extend to Scotland and Northern Ireland—

(a) 20section 25 (rating the quality of, and the standards applied to, higher
education);

(b) sections 72 and 73 (powers to obtain and use application-to-acceptance
information);

(c) section 76 (meaning of “English higher education provider” etc);

(d) 25Part 3 (research);

(e) this Part.

(3) Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the enactment amended or repealed.

(4) Subsection (3) does not apply to the amendment made by section 79(4) (power
30to make alternative payments) which—

(a) so far as it inserts subsection (4B)(e) into section 22 of the Teaching and
Higher Education Act 1998, extends to England and Wales, Scotland
and Northern Ireland,

(b) so far as it inserts subsection (4B)(f), (g) and (h) into that section,
35extends to England and Wales and Northern Ireland, and

(c) otherwise extends to England and Wales only.

(5) Subsection (3) does not apply to the amendments and repeals made by
paragraph 13 of Schedule 12 to section 41 of the Patents Act 1977 which have
the same extent as that section.

117 40Commencement

(1) This Part, apart from sections to 107 and section 111, comes into force on the
day on which this Act is passed.

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(2) Sections 79, 80 and 81 come into force, so far as relating to a matter specified in
an entry in column 1 of the following table, on such day as the person specified
in the corresponding entry in column 2 of the table may by regulations made
by statutory instrument appoint, after consulting the person (if any) specified
5in the corresponding entry in column 3 of the table.

TABLE
1. Matters: 2. Commencement by: 3. After consulting:
Powers exercisable
by the Welsh
Ministers
The Welsh Ministers
Powers exercisable
by the Secretary of
State concurrently
with the Welsh
Ministers
The Secretary of
State
The Welsh Ministers


10
Powers exercisable
by the Secretary of
State in relation to
Wales
The Secretary of
State
The Welsh Ministers


15
Other matters The Secretary of
State.

(3) Section 103 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(4) The remaining provisions of this Act come into force on such day as the
Secretary of State may by regulations made by statutory instrument appoint.

(5) 20Regulations under this section may appoint different days for different
purposes or areas.

118 Short title

(1) This Act may be cited as the Higher Education and Research Act 2016.

(2) This Act is to be included in the list of Education Acts set out in section 578 of
25the Education Act 1996.

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SCHEDULES

Section 1

SCHEDULE 1 The Office for Students

Status

1 (1) 5The OfS is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The OfS’s property is not to be regarded—

(a) as the property of the Crown, or

(b) 10as property held on behalf of the Crown.

Membership

2 (1) The OfS is to consist of the following members appointed by the Secretary of
State—

(a) a chair (“the chair”),

(b) 15the Chief Executive Officer,

(c) the Director for Fair Access and Participation, and

(d) at least seven and not more than twelve other members (“the
ordinary members”).

(2) The Secretary of State must, in appointing the chair and the ordinary
20members, have regard to the desirability of the OfS’s members (between
them) having experience of—

(a) representing or promoting the interests of individual students, or
students generally, on higher education courses provided by higher
education providers,

(b) 25providing higher education on behalf of an English higher education
provider or being responsible for the provision of higher education
by such a provider,

(c) employing graduates of higher education courses provided by
higher education providers covering a range of academic and
30practical disciplines,

(d) promoting choice for consumers or other service users, and
encouraging competition, in industry or another sector of society,

(e) creating, reviewing, implementing or managing a regulatory system
in industry or another sector of society,

(f) 35managing or auditing the financial affairs of an organisation, and

(g) a broad range of the different types of English higher education
providers.