Section 77 Use of “university” in title of institution.I1

England and Wales

F1(A1)

Where—

(a)

power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution,

(b)

the educational institution is a registered higher education provider, and

(c)

the power is exercisable with the consent of the Privy Council,

then, the power may be exercised so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body, but only if the Office for Students (instead of the Privy Council) consents to that exercise of the power.

(1)

Where—

(a)

power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution, and

(b)

the educational institution F2is in Wales and is within the higher education sector,

then, if the power is exercisable with the consent of the Privy Council, it may F3... be exercised with the consent of the Privy Council so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body.

F4(1A)

Subsections (A1) and (1) apply whether or not the educational institution would, apart from this section, be a university.

(2)

The reference in subsection F5(A1) or (1) above to a power to change the name of an institution or body includes any power (however expressed and whether or not subject to any conditions or restrictions) in the exercise of which the name of the institution or body may be changed; but the power as extended by F6subsections (A1) and (1) has effect subject to any such conditions or restrictions.

(3)

In exercising any power exercisable by virtue of this section to consent to a change in any name F7the Office for Students and the Privy Council shall have regard to the need to avoid names which are or may be confusing.

F8(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.

(4)

Any educational institution whose name includes the word “university” by virtue of the exercise of any power as extended by subsection F9(A1) or (1) above is to be treated as a university for all purposes F10, unless in that name that word is immediately followed by the word “college” or “collegiate”.

F11(5)

In this section, “English higher education provider”, “higher education course” and “registered higher education provider” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see sections 83 and 85 of that Act).

(6)

For the purposes of subsection (1), an educational institution is in Wales if the institution's activities are carried on, or principally carried on, in Wales.

Annotations

Textual amendments

F1: S. 77(A1) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(2), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F2: Words in s. 77(1)(b) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(3)(a), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F3: Words in s. 77(1) omitted (1.4.2019) by virtue of Higher Education and Research Act 2017 (c. 29), ss. 56(3)(b), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F4: S. 77(1A) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(4), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F5: Words in s. 77(2) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(5)(a), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F6: Words in s. 77(2) substituted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(5)(b), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F7: Words in s. 77(3) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(6), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F8: S. 77(3A)(3B) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(7), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F9: Words in s. 77(4) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(8), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
F10: Words in s. 77(4) added (1.10.1998) by 1998 c. 30, ss.40, 46(4) (with s. 42(8)); S.I. 1998/2215, art. 2
F11: S. 77(5)(6) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(9), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)

Commencement

I1: S. 77 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1