1

House of Commons

Notices of Amendments

given up to and including

Monday 24 April 2017

New Amendments handed in are marked thus

Amendments tabled since the last publication: LAs 1 (a) to (d); 12, 209, 210 (a) to (g); 15 (a) and

(b); 23 (a) to (c); 71 (a); 78, 106 (a) to (h); 156 (a) to (c)

Consideration of Lords Amendments

Higher Education and Research Bill

On Consideration of Lords Amendments to the Higher Education and Research Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end.

Lords Amendment No. 1

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Notices of Amendments: 24 April 2017                  

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Higher Education and Research Bill, continued

Secretary Justine Greening

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 1:—

(a)

Page  32,  line  18,  at end insert—

“( )    

After subsection (3) insert—

“(3A)    

In exercising its power to give consent under subsection (A1), the Office

for Students must have regard to factors set out in guidance given by the

Secretary of State.

(3B)    

Before giving guidance under subsection (3A), the Secretary of State

must consult—

(a)    

bodies representing the interests of English higher education

providers,

(b)    

bodies representing the interests of students on higher education

courses provided by English higher education providers, and

(c)    

such other persons as the Secretary of State considers

appropriate.””

(b)

Page  32,  line  21,  leave out from beginning to end of line 23 and insert—

“(5)    

In this section, “English higher education provider”, “higher education course”

and “registered higher education provider” have the same meanings as in Part 1

of the Higher Education and Research Act 2017 (see sections 77 and 79 of that

Act).”

(c)

Page  33,  line  7,  at end insert—

“(5ZA)    

In exercising its power to give approval under subsection (A1) or (2), the Office

for Students must have regard to factors set out in guidance given by the Secretary

of State.

(5ZB)    

Before giving guidance under subsection (5ZA), the Secretary of State must

consult—

(a)    

bodies representing the interests of English higher education providers,

(b)    

bodies representing the interests of students on higher education courses

provided by English higher education providers, and

(c)    

such other persons as the Secretary of State considers appropriate.”

(d)

Page  33,  line  18,  at end insert—

“( )    

In subsection (7), before the definition of “relevant institution” insert—

““English higher education provider” and “higher education

course” have the same meaning as in Part 1 of the Higher

Education and Research Act 2017 (see section 77 of that Act);”

Notices of Amendments: 24 April 2017                  

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Higher Education and Research Bill, continued

Lords Amendment No. 12

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 209

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 210

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Secretary Justine Greening

To move the following Amendments to the Bill in lieu of the Lords Amendments Nos 12,

209 and 210:—

(a)

Page  67,  line  12,  at end insert—

“(g)    

regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing

the higher amount, basic amount or floor amount), except regulations to

which paragraph 4(2)(b) of that Schedule applies (regulations increasing

the higher amount to an amount greater than that required to maintain its

value in real terms).”

(b)

Page  67,  line  16,  leave out from “4(2)(b)” to end of line 17 and insert “of that Schedule

applies (regulations increasing the higher amount to an amount greater than that required

to maintain its value in real terms).”

(c)

Page  76,  line  36,  at end insert—

“( )    

But any amount determined as “the sub-level amount” for a description of

provider by virtue of sub-paragraph (6A) must be equal to the higher amount

where—

(a)    

the description is of providers who have a rating given to them in

accordance with arrangements under section 25, and

(b)    

the amount is in respect of an academic year which begins before 1

August 2020.”

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Higher Education and Research Bill, continued

(d)

Page  77,  line  23,  at end insert—

“( )    

But any amount determined as “the sub-level amount” for a description of

provider by virtue of sub-paragraph (5A) must be equal to the basic amount

where—

(a)    

the description is of providers who have a rating given to them in

accordance with arrangements under section 25, and

(b)    

the amount is in respect of an academic year which begins before 1

August 2020.”

(e)

Page  77,  line  29,  at end insert—

“Accelerated courses

3A  (1)  

The power for regulations to prescribe different amounts for different cases or

purposes by virtue of section 113(5)(a) includes power for regulations under

paragraph 2 or 3 to prescribe different amounts as the higher amount, basic

amount and floor amount in the case of an accelerated course.

      (2)  

An “accelerated course” means a higher education course where the number of

academic years applicable to the course is at least one fewer than would

normally be the case for that course or a course of equivalent content leading

to the grant of the same or an equivalent academic award.”

(f)

Page  78,  line  8,  leave out from beginning to end of line 19

(g)

Page  78,  line  20,  leave out “(3)(a) and (4)(a)”

Lords Amendment No. 15

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Secretary Justine Greening

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 15:—

(a)

Page  8,  line  26,  at end insert—

“(f)    

a condition requiring the governing body of the provider to take such

steps as the OfS considers appropriate for facilitating cooperation

between the provider and one or more electoral registration officers in

England for the purpose of enabling the electoral registration of students

who are on higher education courses provided by the provider.”

(b)

Page  8,  line  32,  at end insert—

“( )    

For the purposes of subsection (1)(f)—

“electoral registration officer in England” means a registration officer

appointed under section 8(2) of the Representation of the People Act

1983;

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Higher Education and Research Bill, continued

“the electoral registration of students” means the registration of students on

a register of electors maintained by such an officer under section 9 of that

Act.”

Lords Amendment No. 23

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Secretary Justine Greening

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 23:—

(a)

Page  16,  line  14,  leave out subsection (5)

(b)

Page  16,  line  15,  leave out subsection (6)

(c)

Page  16,  line  23,  at end insert the following new Clause—

“Report on operation of section 25 schemes

(1)    

Before the end of the initial period, the Secretary of State must appoint a suitable

independent person for the purpose of preparing a report under this section.

(2)    

A person is “independent” for this purpose if the person—

(a)    

is not, and has never been, a member or employee of the OfS, and

(b)    

is not a servant or agent of the Crown.

(3)    

A person is “suitable” for this purpose if the person—

(a)    

has experience of providing higher education on behalf of, or being

responsible for the provision of higher education by, a higher education

provider, and

(b)    

appears to the Secretary of State to be a person who would command the

confidence of registered higher education providers.

(4)    

As soon as possible after the end of the initial period, the appointed person—

(a)    

must prepare a report about the operation during that period of the section

25 scheme or schemes which were in operation for the whole or a part of

that period, and

(b)    

must send the report to the Secretary of State.

(5)    

The report must cover the following in the case of each scheme—

(a)    

the process by which ratings are determined under the scheme and the

sources of statistical information used in that process,

(b)    

whether that process, and those sources of statistical information, are fit

for use for the purpose of determining ratings under the scheme,

(c)    

the names of the ratings under the scheme and whether those names are

appropriate,

(d)    

the impact of the scheme on the ability of higher education providers to

which the scheme applies to carry out their functions (including in

particular their functions relating to teaching and research),

Notices of Amendments: 24 April 2017                  

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Higher Education and Research Bill, continued

(e)    

an assessment of whether the scheme is in the public interest, and

(f)    

any other matters that the appointed person considers relevant.

(6)    

The Secretary of State must lay the report before Parliament.

(7)    

In this section—

“the initial period” means the period of one year beginning with the date on

which section 25 comes into force;

“section 25 scheme” means a scheme to give ratings in accordance with

arrangements made under that section.”

Lords Amendment No. 71

Secretary Justine Greening

To move, That this House disagrees with the Lords in their Amendment.

Secretary Justine Greening

To move the following Amendment to the Bill in lieu of the Lords Amendment No. 71:—

(a)

Page  25,  line  39,  at end insert the following new Clauses—

“Grant, variation or revocation of authorisation: advice on quality etc

(1)    

The OfS must request advice from the relevant body regarding the quality of, and

the standards applied to, higher education provided by a provider before

making—

(a)    

an order under section 40(1) authorising the provider to grant taught

awards or research awards,

(b)    

a further order under section 40(1)—

(i)    

varying an authorisation given to the provider by a previous

order under section 40(1), or

(ii)    

revoking such an authorisation on the ground that condition B in

section 42(4) is satisfied, or

(c)    

an order under section 43(1)—

(i)    

varying an authorisation given to the provider, as described in

that provision, to grant taught awards or research awards, or

(ii)    

revoking such an authorisation on the ground that condition B in

section 43(4A) is satisfied.

(2)    

Where the OfS requests advice under subsection (1), the relevant body must

provide it.

(3)    

The advice provided under subsection (2) must include the relevant body’s view

as to whether the provider has the ability—

(a)    

to provide, and maintain the provision of, higher education of an

appropriate quality, and

(b)    

to apply, and maintain the application of, appropriate standards to that

higher education.

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Higher Education and Research Bill, continued

(4)    

The advice provided by the relevant body under subsection (2) must be informed

by the views of persons who (between them) have experience of—

(a)    

providing higher education on behalf of, or being responsible for the

provision of higher education by—

(i)    

an English higher education provider which is neither authorised

to grant taught awards nor authorised to grant research awards,

(ii)    

an English further education provider, and

(iii)    

an English higher education provider which is within neither

sub-paragraph (i) nor sub-paragraph (ii),

(b)    

representing or promoting the interests of individual students, or students

generally, on higher education courses provided by higher education

providers,

(c)    

employing graduates of higher education courses provided by higher

education providers,

(d)    

research into science, technology, humanities or new ideas, and

(e)    

encouraging competition in industry or another sector of society.

(5)    

Where the order authorises the provider to grant research awards or varies or

revokes such an authorisation, the advice provided by the relevant body under

subsection (2) must also be informed by the views of UKRI.

(6)    

Subsections (4) and (5) do not prevent the advice given by the relevant body

under subsection (2) also being informed by the views of others.

(7)    

The OfS must have regard to advice provided to it by the relevant body under

subsection (2) in deciding whether to make the order.

(8)    

But that does not prevent the OfS having regard to advice from others regarding

quality or standards.

(9)    

Where the order varies or revokes an authorisation, the advice under subsection

(1) may be requested before or after the governing body of the provider is notified

under section 44 of the OfS’s intention to make the order.

(10)    

Where there are one or more sector-recognised standards—

(a)    

for the purposes of subsections (1) and (8)—

(i)    

the advice regarding the standards applied must be advice

regarding the standards applied in respect of matters for which

there are sector-recognised standards, and

(ii)    

that advice must be regarding those standards as assessed against

sector-recognised standards, and

(b)    

“appropriate standards” in subsection (3) means sector-recognised

standards.

(11)    

In this section “the relevant body” means—

(a)    

the designated assessment body, or

(b)    

if there is no such body, a committee which the OfS must establish under

paragraph 8 of Schedule 1 for the purpose of performing the functions of

the relevant body under this section.

(12)    

Where the OfS is required to establish a committee for the purpose mentioned in

subsection (11)(b)—

(a)    

the majority of members of the committee must be individuals who are

not members of the OfS, and

(b)    

in appointing members of the committee, the OfS must have regard to the

need for the advice provided by the committee to meet the requirements

of subsections (4) and (where applicable) (5).

(13)    

In this section—

“designated assessment body” means a body for the time being designated

under Schedule 4;