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Higher Education and Research Bill (HL Bill 76)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Education and the
Department for Business, Energy and Industrial Strategy, are published separately as
HL Bill 76—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Viscount Younger of Leckie has made the following statement under section 19(1)(a)
of the Human Rights Act 1998:

In my view the provisions of the Higher Education and Research Bill are compatible
with the Convention rights.

Contents

  1. Part 1

    The Office for Students

    1. Establishment of the Office for Students

      1. 1. The Office for Students

      2. 2. General duties

    2. The register of English higher education providers

      1. 3. The register

      2. 4. Registration procedure

    3. Registration conditions

      1. 5. The initial and general ongoing registration conditions

      2. 6. The specific ongoing registration conditions

      3. 7. Proportionate conditions

    4. Mandatory registration conditions

      1. 8. Mandatory ongoing registration conditions for all providers

      2. 9. Mandatory transparency condition for certain providers

      3. 10. Mandatory fee limit condition for certain providers

      4. 11. Duty to publish a list regarding the fee limit condition

      5. 12. Mandatory access and participation plan condition for certain institutions

    5. Other registration conditions

      1. 13. Other initial and ongoing registration conditions

      2. 14. Public interest governance condition

    6. Enforcement of ongoing registration conditions

      1. 15. Power to impose monetary penalties

      2. 16. Suspension of registration

      3. 17. Suspension: procedure

      4. 18. De-registration by the OfS

      5. 19. De-registration by the OfS: procedure

      6. 20. De-registration: appeals

      7. 21. Refusal to renew an access and participation plan

    7. Voluntary de-registration

      1. 22. Voluntary de-registration

    8. Quality and standards

      1. 23. Assessing the quality of, and the standards applied to, higher education

      2. 24. Quality Assessment Committee

      3. 25. Rating the quality of, and the standards applied to, higher education

      4. 26. Performance of assessment functions by a designated body

      5. 27. Power of designated body to charge fees

    9. Access and participation

      1. 28. Power to approve an access and participation plan

      2. 29. Duration of a plan

      3. 30. Content of a plan: fees

      4. 31. Content of a plan: equality of opportunity

      5. 32. Variation of a plan

      6. 33. Review of decisions on approval or variation

      7. 34. Advice on good practice

      8. 35. Duty to protect academic freedom

      9. 36. Power of Secretary of State to require a report

    10. Powers to give financial support

      1. 37. Financial support for registered higher education providers

      2. 38. Financial support for certain institutions

      3. 39. Financial support: terms and conditions

    11. Powers to grant degrees etc

      1. 40. Authorisation to grant degrees etc

      2. 41. Supplementary powers with authorisation

      3. 42. Variation or revocation of section 40 authorisation

      4. 43. Variation or revocation of other authorisations to grant degrees etc

      5. 44. Variation or revocation of authorisation: procedure

      6. 45. Appeals against variation or revocation of authorisation

      7. 46. Validation by authorised providers

      8. 47. Validation by the OfS

      9. 48. Sections 40 to 47: consequential amendments

      10. 49. Unrecognised degrees

      11. 50. Unrecognised degrees: supplementary

    12. Powers in relation to “university” title

      1. 51. Use of “university” in title of institution

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

      3. 53. Revocation of authorisation to use “university” title

      4. 54. Revocation of authorisation: procedure

      5. 55. Appeals against revocation of authorisation

    13. Powers of entry and search

      1. 56. Entering and searching premises with a warrant

    14. Information powers

      1. 57. Power to require information from unregistered providers

      2. 58. Cooperation and information sharing by the OfS

    15. Publication of information

      1. 59. Duty to publish English higher education information

      2. 60. Designated body

      3. 61. Power of designated body to charge fees

    16. Financial sustainability

      1. 62. Duty to monitor and report on financial sustainability

    17. Efficiency studies etc

      1. 63. Studies for improving economy, efficiency and effectiveness

    18. Funding of the OfS

      1. 64. Registration fees

      2. 65. Other fees

      3. 66. Retention of fee related income

      4. 67. Costs recovery

      5. 68. Grants from the Secretary of State

    19. Regulatory framework

      1. 69. Regulatory framework

    20. Supplementary functions

      1. 70. Secretary of State’s power to confer supplementary functions

    21. Directions

      1. 71. Secretary of State’s power to give directions

    22. Powers of Secretary of State to obtain information or advice

      1. 72. Power to require information or advice from the OfS

      2. 73. Power to require application-to-acceptance information

      3. 74. Use of application-to-acceptance information for research purposes

    23. HEFCE and the DFA

      1. 75. Higher Education Funding Council for England

      2. 76. The Director of Fair Access to Higher Education

    24. Interpretation

      1. 77. Meaning of “English higher education provider” etc

      2. 78. Designation of other providers of higher education

      3. 79. Other definitions

  2. Part 2

    Other education measures

    1. Financial support for students

      1. 80. Power to make alternative payments

      2. 81. Section 80: consequential amendments

      3. 82. Other amendments relating to financial support

    2. Student complaints scheme

      1. 83. Qualifying institutions for purposes of student complaints scheme

    3. Deregulation of higher education corporations

      1. 84. Higher education corporations in England

  3. Part 3

    Research

    1. Establishment of United Kingdom Research and Innovation

      1. 85. United Kingdom Research and Innovation

      2. 86. The Councils of UKRI

    2. Research and innovation functions and role of the Councils

      1. 87. UK research and innovation functions

      2. 88. Financial support: supplementary provision

      3. 89. Exercise of functions by science and humanities Councils

      4. 90. Exercise of functions by Innovate UK

      5. 91. Exercise of functions by Research England

      6. 92. Exercise of functions by the Councils: supplementary

    3. Strategies and strategic delivery plans

      1. 93. UKRI’s research and innovation strategy

      2. 94. Councils’ strategic delivery plans

    4. Funding and directions

      1. 95. Grants to UKRI from the Secretary of State

      2. 96. Secretary of State’s power to give directions to UKRI

      3. 97. Balanced funding and advice from UKRI

    5. General functions

      1. 98. General duties

      2. 99. Power to require information and advice from UKRI

      3. 100. Studies for improving economy, efficiency and effectiveness

      4. 101. Provision of research services

      5. 102. Representing the United Kingdom

    6. Supplementary

      1. 103. Predecessor bodies and preservation of symbolic property

      2. 104. Amendments to powers to support research

    7. Interpretation

      1. 105. Definitions

  4. Part 4

    General

    1. 106. Cooperation and information sharing between the OfS and UKRI

    2. 107. Joint working

    3. 108. Advice to Northern Ireland departments

    4. 109. Transfer schemes

    5. 110. Power to make consequential provision etc

    6. 111. Transitional, transitory or saving provision

    7. 112. Pre-commencement consultation

    8. 113. Regulations

    9. 114. Directions

    10. 115. General interpretation

    11. 116. Minor and consequential amendments

    12. 117. Extent

    13. 118. Commencement

    14. 119. Short title

    1. Schedule 1

      The Office for Students

    2. Schedule 2

      The fee limit

    3. Schedule 3

      Monetary penalties: procedure, appeals and recovery

    4. Schedule 4

      Assessing higher education: designated body

      1. Part 1

        Designation

      2. Part 2

        Oversight by the OfS

      3. Part 3

        Interpretation

    5. Schedule 5

      Powers of entry and search etc

    6. Schedule 6

      English higher education information: designated body

      1. Part 1

        Designation

      2. Part 2

        Oversight by the OfS

      3. Part 3

        Interpretation

    7. Schedule 7

      Costs recovery: procedure, appeals and recovery

    8. Schedule 8

      Higher education corporations in England

    9. Schedule 9

      United Kingdom Research and Innovation

    10. Schedule 10

      Transfer schemes

    11. Schedule 11

      Minor and consequential amendments relating to Part 1

    12. Schedule 12

      Minor and consequential amendments relating to Part 3

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