The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018
S.I. 2018/607 · Made 21 May 2018 · Extends to England and Wales
Education, England And Wales
Made 21st May 2018
Laid before Parliament 23rd May 2018
Coming into force 18th June 2018
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 63(7) and (8) of the Higher Education and Research Act 2017f1:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Relevant persons and relevant functions
- 3Relevant persons and relevant functions
- Signature
- Schedule Relevant persons and relevant functions
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 and come into force on 18th June 2018.
In these Regulations, “the registrar of companies” has the meaning given by section 1060(3) (the registrar) of the Companies Act 2006f1.
2Relevant persons and relevant functionsI1
For the purposes of section 63 (cooperation and information sharing) of the Higher Education and Research Act 2017—
each person listed in column 1 of the table in the Schedule to these Regulations is a ‘relevant person’; and
a function listed in the corresponding entry in column 2 of that table is a ‘relevant function’ of that person.
3Relevant persons and relevant functionsI1
Further to regulation 2(b), where a listed function refers to a company’s Memorandum and Articles of Association the reference is to the most recent version of that document registered with the registrar of companies at the date on which these Regulations are made.
Signature
Sam Gyimah
Minister of State
Department for Education
21st May 2018
Relevant persons and relevant functionsI1
| Relevant person | Relevant function |
|---|---|
| Competition and Markets Authority | (a) Its functions under section 215(2) of the Enterprise Act 2002f1 and (b) Its functions under Part 2 of Schedule 5 to the Consumer Rights Act 2015f2 |
| A local weights and measures authority in Great Britain | (a) Its functions under section 215(2) of the Enterprise Act 2002 (b) Its functions under Part 2 of Schedule 5 to the Consumer Rights Act 2015 and (c) Its function under article 9 of the Financial Services Act 2012 (Consumer Credit) Order 2013f3 |
| F1NHS England | F2Its education and training functions conferred by or under Chapter 1 of Part 3 of the Care Act 2014 f4 |
| Pearson Education Limited (registered company number 00872828) | Its functions pursuant to the objects set out in its Memorandum and Articles of Associationf5 |
| Vocational Training Charitable Trust (registered company number 02050044) | Its functions pursuant to the objects set out in its Memorandum and Articles of Association |
| Gateway Qualifications Company Limited (registered company number 05502449) | Its functions pursuant to the objects set out in its Memorandum and Articles of Association |
| F3Qualifications Scotland | F4Its functions under the Education (Scotland) Act 2025 |
| Her Majesty’s Revenue and Customs | Its functions under the Commissioners for Revenue and Customs Act 2005f6 |
| Office for Standards in Education, Children’s Services and Skills | Its functions under the Education and Inspections Act 2006f7 |
| Her Majesty’s Chief Inspector of Education, Children’s Services and Skills | That person’s functions under the Education and Inspections Act 2006 |
| The Office of the Independent Adjudicator for Higher Education (registered company number 04823842) | Its functions pursuant to the objects set out in its Memorandum and Articles of Association |
| The Board of the Pension Protection Fund | Its functions under section 175 of the Pensions Act 2004f8 |
| Student Loans Company Limited (registered company number 02401034) | Its functions pursuant to the objects set out in its Memorandum and Articles of Association |
Explanatory note
(This note is not part of the Regulations)
These Regulations are made under section 63 of the Higher Education and Research Act 2017 (c.29) (“the Act”). Under section 63(2)(a) and (4) of the Act the Office for Students may cooperate, or share information, with a relevant person for the performance of a relevant function of that person. Under section 63(2)(b) the Office for Students must cooperate with a relevant person in the performance of a relevant function if required to do so by the Secretary of State.
Regulation 2 and the table in the Schedule prescribe the relevant persons and their relevant functions.
Regulation 3 provides that references in the table to a company’s Memorandum and Articles of Association are references to the most recent version of that document registered with the registrar of companies (otherwise known as ‘Companies House’) on the date on which these Regulations are made.
An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. The instrument has no impact on the public sector.