# The Higher Education and Research Act 2017 (Commencement No. 2) Regulations 2017, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are the second commencement regulations made under the Higher Education and Research Act 2017 (c. 29) (“the Act”).
The Regulations bring the provisions listed in regulations 2 and 3 into force on 1st January 2018.
Regulation 2(c) commences section 25 of the Act, which enables the Office for Students (“the OfS”) to make arrangements for a scheme to give ratings to English higher education providers. Section 26 requires the Secretary of State to appoint a suitable independent person to prepare a report on the operation of a scheme under section 25. Regulation 2(d) commences that provision.
Regulation 2(e) and (p) commences section 27 of, and Schedule 4 to, the Act, which make provision for the designation of a body to perform the assessment functions. The assessment functions are the functions of assessing the quality of, and the standards applied to, higher education.
Regulation 2(f) commences section 29(4) of the Act. That provision grants the OfS the power to issue guidance as to the matters to which the OfS will have regard in deciding whether to approve an institution’s access and participation plan. An access and participation plan is defined in section 29(2) and the duration and content of such plans is provided for in sections 30 to 32. Sections 29(2) and 30 to 32 are commenced, for the purpose of section 29(4) only, by regulation 3(4).
Section 62(1) to (4) of the Act, which is commenced by regulation 2(g), grants the OfS the power to require information from unregistered providers. Section 63, which is commenced by regulation 2(h), provides the circumstances in which the OfS may or must cooperate with certain persons.
Section 66(2)(a) of, and Schedule 6 to, the Act make provision about the designation of a body for the purposes of compiling and making information available relating to registered higher education providers and the higher education courses they provide. Regulation 2(i) and (q) commences those provisions.
Section 75 of the Act requires the OfS to prepare and publish a regulatory framework to which it must have regard when exercising its functions. Section 75 is commenced by regulation 2(j).
Section 77 allows the Secretary of State to give the OfS general directions about the performance of any of its functions. That section is commenced by regulation 2(k).
Section 78 requires the OfS to provide the Secretary of State with information and advice regarding any of its functions where the Secretary of State requires that information. Regulation 2(l) commences that provision.

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Source: https://www.legislation.gov.uk/uksi/2017/1146/note (the official version)
Page: https://openlegislation.uk/higher-education-and-research-act-2017-commencement-no-2-regulations-2017/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.