Higher Education and Research Act 2017 in Scotland
2017 c. 29 · Enacted 27 April 2017 · Extends to United Kingdom
An Act to make provision about higher education and research; and to make provision about alternative payments to students in higher or further education.
[27th April 2017]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part A1: Protection of Freedom of Speech
- Duties of registered higher education providers
- A1Duty to take steps to secure freedom of speech
- A2Code of practice
- A3Duty to promote the importance of freedom of speech and academic freedom
- Duties of constituent institutions
- A4Duties of constituent institutions
- Duties of students’ unions
- A5Duty to take steps to secure freedom of speech
- A6Code of practice
- Part 1: The Office for Students
- 1The Office for Students
- 2General duties
- 4Registration procedure
- 5The initial and general ongoing registration conditions
- 6The specific ongoing registration conditions
- 7Proportionate conditions
- 8Mandatory ongoing registration conditions for all providers
- 9Mandatory transparency condition for certain providers
- 10Mandatory fee limit condition for certain providers
- 11Duty to publish a list regarding the fee limit condition
- 12Mandatory access and participation plan condition for certain institutions
- 14Public interest governance condition
- 15Power to impose monetary penalties
- 16Suspension of registration
- 17Suspension: procedure
- 18De-registration by the OfS
- 19De-registration by the OfS: procedure
- 20De-registration: appeals
- 21Refusal to renew an access and participation plan
- 22Voluntary de-registration
- Quality and standards
- 25Rating the quality of, and the standards applied to, higher education
- 30Duration of a plan
- 31Content of a plan: fees
- 32Content of a plan: equality of opportunity
- 33Variation of a plan
- 34Review of decisions on approval or variation
- 35Advice on good practice
- 36Duty to protect institutional autonomy
- 37Power of Secretary of State to require a report
- 38Duty to monitor etc the provision of arrangements for student transfers
- 39Financial support for registered higher education providers
- 40Financial support for certain institutions
- 41Financial support: terms and conditions
- 42Authorisation to grant degrees etc
- 43Supplementary powers with authorisation
- 44Variation or revocation of section 42 authorisation
- 45Variation or revocation of other authorisations to grant degrees etc
- 46Grant, variation or revocation of authorisation: advice on quality etc
- 47Grant of authorisation: notification of new providers
- 48Variation or revocation of authorisation: procedure
- 49Appeals against variation or revocation of authorisation
- 50Validation by authorised providers
- 51Validation by the OfS
- 52Sections 42 to 49: consequential amendments Not yet in force
- 53Unrecognised degrees
- 54Unrecognised degrees: supplementary
- 55Saving for right to grant degrees under the Ecclesiastical Licences Act 1533
- 56Use of “university” in title of institution
- 57Unauthorised use of “university” in title of institution etc
- 58Revocation of authorisation to use “university” title
- 59Revocation of authorisation: procedure
- 60Appeals against revocation of authorisation
- 61Entering and searching premises with a warrant
- 62Power to require information from unregistered providers
- 64Duty to compile and make available higher education information
- 67Power of designated body to charge fees
- Publication
- 67APower for the OfS to publish notices, decisions and reports
- 67BPublication of decision to conduct or terminate investigation
- Defamation
- 67CProtection from defamation claims
- 68Duty to monitor and report on financial sustainability
- 69Studies for improving economy, efficiency and effectiveness
- Freedom of speech
- 69AGeneral functions relating to freedom of speech and academic freedom
- 69BFunctions of the OfS in relation to students’ unions
- 69CFree speech complaints scheme
- 69DOverseas funding: registered higher education providers
- 69EOverseas funding: students’ unions
- 70Registration fees
- 71Other fees
- 72Retention of fee related income
- 73Costs recovery
- 74Grants from the Secretary of State
- 75Regulatory framework
- 76Secretary of State's power to confer supplementary functions
- 77Secretary of State's power to give directions
- Powers of Secretary of State to obtain information and advice
- 79Power to require application-to-acceptance information
- 80Use of application-to-acceptance information for research purposes
- 81Higher Education Funding Council for England
- 82The Director of Fair Access to Higher Education
- Interpretation
- 83Meaning of “English higher education provider” etc
- Part 2: Other education measures
- Financial support for students
- 86Power to make alternative payments Not yet in force
- 90Higher education corporations in England
- Part 3: Research
- Establishment of United Kingdom Research and Innovation
- 91United Kingdom Research and Innovation
- 92The Councils of UKRI
- Research and innovation functions and role of the Councils
- 93UK research and innovation functions
- 94Financial support: supplementary provision
- 95Exercise of functions by science and humanities Councils
- 96Exercise of functions by Innovate UK
- 97Exercise of functions by Research England
- 98Exercise of functions by the Councils: supplementary
- Strategies and strategic delivery plans
- 99UKRI's research and innovation strategy
- 100Councils' strategic delivery plans
- Funding and directions
- 101Grants to UKRI from the Secretary of State
- 102Secretary of State's power to give directions to UKRI
- 103Haldane principle, balanced funding and advice from UKRI
- General functions
- 104General duties
- 105Power to require information and advice from UKRI
- 106Studies for improving economy, efficiency and effectiveness
- 107Provision of research services
- 108Representing the United Kingdom
- Supplementary
- 109Predecessor bodies and preservation of symbolic property
- 110Amendments to powers to support research
- Interpretation
- 111Definitions
- Part 4: General
- 112Cooperation and information sharing between the OfS and UKRI
- 113Joint working
- 114Advice to Northern Ireland departments
- 115Transfer schemes
- 116Power to make consequential provision etc
- 117Transitional, transitory or saving provision
- 118Pre-commencement consultation
- 119Regulations
- 120Directions
- 121General interpretation
- 122Minor and consequential amendments
- 123Extent
- 124Commencement
- 125Short title
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- The Director for Fair Access and Participation
- 3Paragraph 3
- The Director for Freedom of Speech and Academic Freedom
- 3AParagraph 3A
- Terms of appointment and tenure of members
- 4Paragraph 4
- 5Paragraph 5
- Remuneration etc of members
- 6Paragraph 6
- Staffing of the OfS
- 7Paragraph 7
- Committees
- 8Paragraph 8
- Procedure
- 9Paragraph 9
- 10Paragraph 10
- Delegation of functions
- 11Paragraph 11
- Accounts and audit
- 12Paragraph 12
- Annual report
- 13Paragraph 13
- Seal and evidence
- 14Paragraph 14
- Supplementary powers
- 15Paragraph 15
- Public records
- 16Paragraph 16
- Investigation by the Parliamentary Commissioner
- 17Paragraph 17
- House of Commons disqualification
- 18Paragraph 18
- Northern Ireland Assembly disqualification
- 19Paragraph 19
- Freedom of information
- 20Paragraph 20
- Public sector equality duty
- 21Paragraph 21
- Introduction
- 1Paragraph 1
- The credit-based method: basic concepts
- 1AParagraph 1A
- The credit-based method: attachment of credits
- 1BParagraph 1B
- The credit-based method: maxima and defaults
- 1CParagraph 1C
- The credit-based method: fee limit where credits attached
- 1DParagraph 1D
- The credit-based method: fee limit where credits not attached
- 1EParagraph 1E
- The credit-based method: adjustments for transfer cases
- 1FParagraph 1F
- The credit-based method: supplementary
- 1GParagraph 1G
- The fixed method
- 1HParagraph 1H
- Determination of the per-credit and fixed limits
- 1IParagraph 1I
- Limits where the provider has an access and participation plan
- 2Paragraph 2
- Limits where the provider has no access and participation plan
- 3Paragraph 3
- Accelerated courses
- 4Paragraph 4
- Procedure
- 5Paragraph 5
- Introduction
- 1Paragraph 1
- Procedure
- 2Paragraph 2
- Appeals
- 3Paragraph 3
- Interest and recovery
- 4Paragraph 4
- Retention of sums received
- 5Paragraph 5
- Part 1: Designation
- Consultation prior to recommendation
- 1Paragraph 1
- Recommendation
- 2Paragraph 2
- Designation
- 3Paragraph 3
- Bodies suitable to perform assessment functions
- 4Paragraph 4
- Removal of designation
- 5Paragraph 5
- Part 2: Oversight by the OfS
- Application
- 6Paragraph 6
- Oversight arrangements
- 7Paragraph 7
- Annual report by the designated body
- 8Paragraph 8
- Triennial report by the OfS
- 9Paragraph 9
- Power of the OfS to give directions
- 10Paragraph 10
- Duty of the OfS to inform the Secretary of State about significant concerns
- 11Paragraph 11
- Part 3: Interpretation
- 12Paragraph 12
- Power to issue search warrant
- 1Paragraph 1
- Application for search warrant by an authorised person
- 2Paragraph 2
- Search warrant
- 3Paragraph 3
- Powers conferred by search warrant
- 4Paragraph 4
- Entering and searching premises
- 5Paragraph 5
- Inspecting, copying, seizing and retaining items
- 6Paragraph 6
- Offence
- 7Paragraph 7
- Self-incrimination
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Part 1: Designation
- Consultation prior to recommendation
- 1Paragraph 1
- Recommendation
- 2Paragraph 2
- Designation
- 3Paragraph 3
- Bodies suitable to be designated under this Schedule
- 4Paragraph 4
- Removal of designation
- 5Paragraph 5
- Part 2: Oversight by the OfS
- Application
- 6Paragraph 6
- Oversight arrangements
- 7Paragraph 7
- Annual report by the designated body
- 8Paragraph 8
- Triennial report by the OfS
- 9Paragraph 9
- Duty of the OfS to inform the Secretary of State about significant concerns
- 10Paragraph 10
- Part 3: Interpretation
- 11Paragraph 11
- Schedule 6A: Free speech complaints scheme
- 1Introductory
- 2Introductory
- 3Introductory
- 4Introductory
- 5Scope of scheme
- 6Decisions and recommendations
- 7Decisions and recommendations
- 8Decisions and recommendations
- 9Fees
- 10Publication
- 11Duty to comply
- 12Review
- 13Defamation
- Introduction
- 1Paragraph 1
- Procedure
- 2Paragraph 2
- Appeals
- 3Paragraph 3
- Interest and recovery
- 4Paragraph 4
- Retention of sums received
- 5Paragraph 5
- Education Reform Act 1988
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Further and Higher Education Act 1992
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Schedule 9: United Kingdom Research and Innovation
- Status
- 1Paragraph 1
- Membership of UKRI
- 2Paragraph 2
- Membership of the Councils
- 3Paragraph 3
- Terms of appointment and tenure
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Remuneration etc
- 7Paragraph 7
- Staffing of UKRI
- 8Paragraph 8
- Executive Committee
- 9Paragraph 9
- Other committees and sub-committees
- 10Paragraph 10
- Procedure
- 11Paragraph 11
- 12Paragraph 12
- Delegation of functions by UKRI
- 13Paragraph 13
- Accounts and audit
- 14Paragraph 14
- Annual report
- 15Paragraph 15
- Seal and evidence
- 16Paragraph 16
- Supplementary powers
- 17Paragraph 17
- Public records
- 18Paragraph 18
- Investigation by the Parliamentary Commissioner
- 19Paragraph 19
- House of Commons disqualification
- 20Paragraph 20
- Northern Ireland Assembly disqualification
- 21Paragraph 21
- Freedom of information
- 22Paragraph 22
- Public sector equality duty
- 23Paragraph 23
- Schedule 10: Transfer schemes
- Transfer schemes
- 1Paragraph 1
- Supplementary
- 2Paragraph 2
- Interpretation
- 3Paragraph 3
- Schedule 11: Minor and consequential amendments relating to Part 1
- Public Records Act 1958
- 1Paragraph 1
- Parliamentary Commissioner Act 1967
- 2Paragraph 2
- Superannuation Act 1972
- 3Paragraph 3
- House of Commons Disqualification Act 1975
- 4Paragraph 4
- Education (No. 2) Act 1986
- 5Paragraph 5
- Education Reform Act 1988
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11 Repealed
- Further and Higher Education Act 1992
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17 Repealed
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20 Repealed
- 21Paragraph 21
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26
- Education Act 1994
- 27Paragraph 27
- Education Act 1996
- 28Paragraph 28
- Freedom of Information Act 2000
- 29Paragraph 29
- Higher Education Act 2004
- 30Paragraph 30
- Education Act 2005
- 31Paragraph 31
- Equality Act 2010
- 32Paragraph 32
- Education Act 2011
- 33Paragraph 33
- Charities Act 2011
- 34Paragraph 34
- Counter-Terrorism and Security Act 2015
- 35Paragraph 35
- Schedule 12: Minor and consequential amendments relating to Part 3
- Geological Survey Act 1845
- 1Paragraph 1
- Mining Industry Act 1926
- 2Paragraph 2
- Public Records Act 1958
- 3Paragraph 3
- Science and Technology Act 1965
- 4Paragraph 4
- Parliamentary Commissioner Act 1967
- 5Paragraph 5
- Agriculture Act 1967
- 6Paragraph 6
- Conservation of Seals Act 1970
- 7Paragraph 7
- Chronically Sick and Disabled Persons Act 1970 Not yet in force
- 8Paragraph 8 Not yet in force
- Mineral Exploration and Investment Grants Act 1972
- 9Paragraph 9
- Supply Powers Act 1975
- 10Paragraph 10
- House of Commons Disqualification Act 1975
- 11Paragraph 11
- Northern Ireland Assembly Disqualification Act 1975
- 12Paragraph 12
- Patents Act 1977
- 13Paragraph 13
- Further Education Act 1985
- 14Paragraph 14
- Water Resources Act 1991
- 15Paragraph 15
- Scotland Act 1998
- 16Paragraph 16
- Northern Ireland Act 1998
- 17Paragraph 17
- Freedom of Information Act 2000
- 18Paragraph 18
- Higher Education Act 2004
- 19Paragraph 19
- Natural Environment and Rural Communities Act 2006
- 20Paragraph 20
- Government of Wales Act 2006
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Marine (Scotland) Act 2010 (asp 5)
- 25Paragraph 25
- Welsh Language (Wales) Measure 2011 (nawm 1)
- 26Paragraph 26
- Antarctic Act 2013
- 27Paragraph 27
- Public Service Pensions Act 2013
- 28Paragraph 28
- Psychoactive Substances Act 2016
- 29Paragraph 29