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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments tabled since the last publication: LAs 1 (a) to (d); 12, 209, 210 (a) to (g); 15 (a) and |
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| (b); 23 (a) to (c); 71 (a); 78, 106 (a) to (h); 156 (a) to (c) |
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| Higher Education and Research Bill
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| On Consideration of Lords Amendments to the Higher Education and Research Bill |
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move the following Amendments to the Bill in lieu of the Lords Amendment No. 1:— |
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| Page 32, line 18, at end insert— |
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| | “( ) | After subsection (3) insert— |
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| | “(3A) | In exercising its power to give consent under subsection (A1), the Office |
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| | for Students must have regard to factors set out in guidance given by the |
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| | (3B) | Before giving guidance under subsection (3A), the Secretary of State |
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| | (a) | bodies representing the interests of English higher education |
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| | (b) | bodies representing the interests of students on higher education |
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| | courses provided by English higher education providers, and |
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| | (c) | such other persons as the Secretary of State considers |
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| Page 32, line 21, leave out from beginning to end of line 23 and insert— |
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| | “(5) | In this section, “English higher education provider”, “higher education course” |
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| | and “registered higher education provider” have the same meanings as in Part 1 |
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| | of the Higher Education and Research Act 2017 (see sections 77 and 79 of that |
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| Page 33, line 7, at end insert— |
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| | “(5ZA) | In exercising its power to give approval under subsection (A1) or (2), the Office |
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| | for Students must have regard to factors set out in guidance given by the Secretary |
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| | (5ZB) | Before giving guidance under subsection (5ZA), the Secretary of State must |
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| | (a) | bodies representing the interests of English higher education providers, |
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| | (b) | bodies representing the interests of students on higher education courses |
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| | provided by English higher education providers, and |
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| | (c) | such other persons as the Secretary of State considers appropriate.” |
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| Page 33, line 18, at end insert— |
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| | “( ) | In subsection (7), before the definition of “relevant institution” insert— |
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| | ““English higher education provider” and “higher education |
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| | course” have the same meaning as in Part 1 of the Higher |
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| | Education and Research Act 2017 (see section 77 of that Act);” |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move the following Amendments to the Bill in lieu of the Lords Amendments Nos 12, |
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| Page 67, line 12, at end insert— |
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| | “(g) | regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing |
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| | the higher amount, basic amount or floor amount), except regulations to |
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| | which paragraph 4(2)(b) of that Schedule applies (regulations increasing |
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| | the higher amount to an amount greater than that required to maintain its |
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| Page 67, line 16, leave out from “4(2)(b)” to end of line 17 and insert “of that Schedule |
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| applies (regulations increasing the higher amount to an amount greater than that required |
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| to maintain its value in real terms).” |
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| Page 76, line 36, at end insert— |
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| | “( ) | But any amount determined as “the sub-level amount” for a description of |
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| | provider by virtue of sub-paragraph (6A) must be equal to the higher amount |
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| | (a) | the description is of providers who have a rating given to them in |
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| | accordance with arrangements under section 25, and |
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| | (b) | the amount is in respect of an academic year which begins before 1 |
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| Page 77, line 23, at end insert— |
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| | “( ) | But any amount determined as “the sub-level amount” for a description of |
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| | provider by virtue of sub-paragraph (5A) must be equal to the basic amount |
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| | (a) | the description is of providers who have a rating given to them in |
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| | accordance with arrangements under section 25, and |
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| | (b) | the amount is in respect of an academic year which begins before 1 |
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| Page 77, line 29, at end insert— |
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| | 3A (1) | The power for regulations to prescribe different amounts for different cases or |
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| | purposes by virtue of section 113(5)(a) includes power for regulations under |
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| | paragraph 2 or 3 to prescribe different amounts as the higher amount, basic |
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| | amount and floor amount in the case of an accelerated course. |
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| | (2) | An “accelerated course” means a higher education course where the number of |
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| | academic years applicable to the course is at least one fewer than would |
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| | normally be the case for that course or a course of equivalent content leading |
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| | to the grant of the same or an equivalent academic award.” |
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| Page 78, line 8, leave out from beginning to end of line 19 |
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| Page 78, line 20, leave out “(3)(a) and (4)(a)” |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move the following Amendments to the Bill in lieu of the Lords Amendment No. 15:— |
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| Page 8, line 26, at end insert— |
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| | “(f) | a condition requiring the governing body of the provider to take such |
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| | steps as the OfS considers appropriate for facilitating cooperation |
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| | between the provider and one or more electoral registration officers in |
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| | England for the purpose of enabling the electoral registration of students |
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| | who are on higher education courses provided by the provider.” |
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| Page 8, line 32, at end insert— |
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| | “( ) | For the purposes of subsection (1)(f)— |
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| | “electoral registration officer in England” means a registration officer |
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| | appointed under section 8(2) of the Representation of the People Act |
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| | “the electoral registration of students” means the registration of students on |
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| | a register of electors maintained by such an officer under section 9 of that |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move the following Amendments to the Bill in lieu of the Lords Amendment No. 23:— |
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| Page 16, line 14, leave out subsection (5) |
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| Page 16, line 15, leave out subsection (6) |
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| Page 16, line 23, at end insert the following new Clause— |
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| | | “Report on operation of section 25 schemes |
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| | (1) | Before the end of the initial period, the Secretary of State must appoint a suitable |
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| | independent person for the purpose of preparing a report under this section. |
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| | (2) | A person is “independent” for this purpose if the person— |
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| | (a) | is not, and has never been, a member or employee of the OfS, and |
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| | (b) | is not a servant or agent of the Crown. |
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| | (3) | A person is “suitable” for this purpose if the person— |
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| | (a) | has experience of providing higher education on behalf of, or being |
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| | responsible for the provision of higher education by, a higher education |
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| | (b) | appears to the Secretary of State to be a person who would command the |
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| | confidence of registered higher education providers. |
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| | (4) | As soon as possible after the end of the initial period, the appointed person— |
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| | (a) | must prepare a report about the operation during that period of the section |
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| | 25 scheme or schemes which were in operation for the whole or a part of |
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| | (b) | must send the report to the Secretary of State. |
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| | (5) | The report must cover the following in the case of each scheme— |
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| | (a) | the process by which ratings are determined under the scheme and the |
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| | sources of statistical information used in that process, |
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| | (b) | whether that process, and those sources of statistical information, are fit |
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| | for use for the purpose of determining ratings under the scheme, |
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| | (c) | the names of the ratings under the scheme and whether those names are |
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| | (d) | the impact of the scheme on the ability of higher education providers to |
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| | which the scheme applies to carry out their functions (including in |
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| | particular their functions relating to teaching and research), |
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| | (e) | an assessment of whether the scheme is in the public interest, and |
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| | (f) | any other matters that the appointed person considers relevant. |
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| | (6) | The Secretary of State must lay the report before Parliament. |
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| | “the initial period” means the period of one year beginning with the date on |
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| | which section 25 comes into force; |
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| | “section 25 scheme” means a scheme to give ratings in accordance with |
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| | arrangements made under that section.” |
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| Secretary Justine Greening |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| Secretary Justine Greening |
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| | To move the following Amendment to the Bill in lieu of the Lords Amendment No. 71:— |
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| Page 25, line 39, at end insert the following new Clauses— |
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| | | “Grant, variation or revocation of authorisation: advice on quality etc |
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| | (1) | The OfS must request advice from the relevant body regarding the quality of, and |
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| | the standards applied to, higher education provided by a provider before |
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| | (a) | an order under section 40(1) authorising the provider to grant taught |
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| | awards or research awards, |
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| | (b) | a further order under section 40(1)— |
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| | (i) | varying an authorisation given to the provider by a previous |
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| | order under section 40(1), or |
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| | (ii) | revoking such an authorisation on the ground that condition B in |
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| | section 42(4) is satisfied, or |
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| | (c) | an order under section 43(1)— |
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| | (i) | varying an authorisation given to the provider, as described in |
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| | that provision, to grant taught awards or research awards, or |
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| | (ii) | revoking such an authorisation on the ground that condition B in |
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| | section 43(4A) is satisfied. |
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| | (2) | Where the OfS requests advice under subsection (1), the relevant body must |
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| | (3) | The advice provided under subsection (2) must include the relevant body’s view |
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| | as to whether the provider has the ability— |
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| | (a) | to provide, and maintain the provision of, higher education of an |
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| | (b) | to apply, and maintain the application of, appropriate standards to that |
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| | (4) | The advice provided by the relevant body under subsection (2) must be informed |
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| | by the views of persons who (between them) have experience of— |
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| | (a) | providing higher education on behalf of, or being responsible for the |
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| | provision of higher education by— |
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| | (i) | an English higher education provider which is neither authorised |
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| | to grant taught awards nor authorised to grant research awards, |
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| | (ii) | an English further education provider, and |
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| | (iii) | an English higher education provider which is within neither |
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| | sub-paragraph (i) nor sub-paragraph (ii), |
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| | (b) | representing or promoting the interests of individual students, or students |
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| | generally, on higher education courses provided by higher education |
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| | (c) | employing graduates of higher education courses provided by higher |
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| | (d) | research into science, technology, humanities or new ideas, and |
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| | (e) | encouraging competition in industry or another sector of society. |
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| | (5) | Where the order authorises the provider to grant research awards or varies or |
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| | revokes such an authorisation, the advice provided by the relevant body under |
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| | subsection (2) must also be informed by the views of UKRI. |
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| | (6) | Subsections (4) and (5) do not prevent the advice given by the relevant body |
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| | under subsection (2) also being informed by the views of others. |
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| | (7) | The OfS must have regard to advice provided to it by the relevant body under |
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| | subsection (2) in deciding whether to make the order. |
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| | (8) | But that does not prevent the OfS having regard to advice from others regarding |
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| | (9) | Where the order varies or revokes an authorisation, the advice under subsection |
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| | (1) may be requested before or after the governing body of the provider is notified |
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| | under section 44 of the OfS’s intention to make the order. |
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| | (10) | Where there are one or more sector-recognised standards— |
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| | (a) | for the purposes of subsections (1) and (8)— |
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| | (i) | the advice regarding the standards applied must be advice |
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| | regarding the standards applied in respect of matters for which |
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| | there are sector-recognised standards, and |
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| | (ii) | that advice must be regarding those standards as assessed against |
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| | sector-recognised standards, and |
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| | (b) | “appropriate standards” in subsection (3) means sector-recognised |
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| | (11) | In this section “the relevant body” means— |
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| | (a) | the designated assessment body, or |
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| | (b) | if there is no such body, a committee which the OfS must establish under |
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| | paragraph 8 of Schedule 1 for the purpose of performing the functions of |
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| | the relevant body under this section. |
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| | (12) | Where the OfS is required to establish a committee for the purpose mentioned in |
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| | (a) | the majority of members of the committee must be individuals who are |
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| | not members of the OfS, and |
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| | (b) | in appointing members of the committee, the OfS must have regard to the |
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| | need for the advice provided by the committee to meet the requirements |
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| | of subsections (4) and (where applicable) (5). |
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| | “designated assessment body” means a body for the time being designated |
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