The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019

Section 8(4) of the Employment and Training Act 1973^f1 (duty of Secretary of State to ensure provision of careers services for school and college students) is amended as follows.

Before paragraph (a), insert—

“(za)

as respects England, as references to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, other than a provider which is also an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992,”.

In paragraph (a), omit “England and”.

Section 135 of the Education Reform Act 1988^f1 (inspection of accounts) is amended as follows.

In subsection (1)^f2—

In subsection (2)^f3—

in subsection (5)^f2 —

after subsection (5), insert—

“(5ZA)

 For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).”.

Section 21 of the Education Act 1994^f1 (establishments to which Part II applies) is amended as follows.

In subsection (1)—

After subsection (2), insert—

“(2A)

For the purposes of subsection (1)(b), institution in Wales has the meaning given by section 62(7) of the Further and Higher Education Act 1992.”.

The Education Act 1996^f1 is amended as follows.

In section 4 (schools: general)^f2—

In section 508F (local authorities in England: provision of transport etc for adult learners)^f3—

In section 580 (index)^f5, in the entry “institution outside (or within) the higher education sector”, before “higher”, insert “wider”.

The Education Act 2002^f1 is amended as follows.

In section 14 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or children etc), in subsection (3), for the definition of “teacher”, substitute—

• ““teacher” does not include a teacher at an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector.”.

In section 16 (terms on which assistance under section 14 is given), in subsection (2A)^f2—

in paragraph (a)—

after paragraph (a), insert—

“(aa)

an institution within the higher education sector, within the meaning given by section 91(5) of the Further and Higher Education Act 1992, or”;

in paragraph (b), at the end, insert “or section 39 or 97 of the Higher Education and Research Act 2017”.

in paragraph (b)^f2—

in paragraph (c), for “and higher education sectors”, substitute “sector”.

Schedule 8 to the Digital Economy Act 2017^f1 (specified persons for the purposes of the fraud provisions) is amended as follows.

In paragraph 27, for “The Higher Education Funding Council for England”, substitute “The Office for Students”^f2.

After paragraph 32, insert—

“32A.

United Kingdom Research and Innovation.”^f3.

Omit paragraphs 33 to 40.

before “higher education sector”, insert “wider”;

for “91(5) of the Further and Higher Education Act 1992 (interpretation of Education Acts)”, substitute “4(4) of the Education Act 1996 (schools: general)”.

in paragraph (1)(a), for “HEFCE”, substitute “OfS”;

in paragraph (2)—

The Education (Fees and Awards) (England) Regulations 2007^f1 are amended as follows.

In regulation 2(1) (interpretation)^f2—

In regulation 4(4) (fee charging), for “condition imposed under section 24 of the Higher Education Act 2004”, substitute “fee limit condition imposed under section 10 of the Higher Education and Research Act 2017”.

In regulation 6 (awards by research councils and others)^f3—

In regulation 8 (payments by HEFCE)^f4—

in sub-paragraph (i), after “has effect”, insert “or, in relation to an English higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017, had effect on 31st July 2019”;

in sub-paragraph (ii)—

The Employment and Support Allowance Regulations 2008^f1 are amended as follows.

In regulation 131(1) (interpretation), in the definition of “access funds”, in paragraph (a), after “1992”, insert “or section 74 of the Higher Education and Research Act 2017”.

In regulation 137(2) (treatment of student loans and postgraduate master’s degree loans), for sub-paragraph (a), substitute—

“(a)

in relation to England, a loan made by the Office for Students under section 39 or 40 of the Higher Education and Research Act 2017;”.

for paragraph (5)(c), substitute—

“(c)

the Office for Students;”;

in paragraph (6)(f), before “higher education sector”, insert “wider”.

for “section 24(6) of the Higher Education Act 2004”, substitute “paragraph 2(5) of Schedule 2 to the Higher Education and Research Act 2017”;

for “sub-section”, substitute “paragraph”.

The Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012^f1 (Council Tax Reduction Scheme (Default Scheme) 2013) is amended as follows.

In Part 11 (students), in paragraph 73(1) (interpretation), in the definition of “access funds”, in paragraph (a), after “1992”, insert “or section 74 of the Higher Education and Research Act 2017”.

in sub-paragraph (f)(iv), for “councils”, substitute “HEFCW”;

after sub-paragraph (f)(vi), insert—

“(vii)

section 39 of the Higher Education and Research Act 2017 (financial support for registered higher education providers) or section 40 of that Act (financial support for certain institutions);”.

omit “Director of Fair Access to Higher Education” and “Higher Education Funding Council for England”;

in the appropriate place, insert “Office for Students”.

Schedule 1 to the Trade Union (Facility Time Publication Requirements) Regulations 2017^f1 (public authorities) is amended as follows.

In Part 3 (maintained schools and other educational institutions), in paragraph 36, after sub-paragraph (c), insert—

“(d)

a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of section 39(1) of the Higher Education and Research Act 2017;”.

In Part 5 (other bodies)—

omit “Director of Fair Access to Higher Education”;

omit “Higher Education Funding Council for England”;

in the appropriate place, insert “The Office for Students”.

Schedule 3 to the Charities Act 2011^f1 (exempt charities) is amended as follows.

For paragraph 2, substitute—

“2.

Any of the following if it is a relevant higher education provider—

(a)

the university of Oxford;

(b)

the university of Cambridge;

(c)

the university of London;

(d)

the university of Durham;

(e)

the university of Newcastle upon Tyne;

(f)

the university of Manchester.”.

For paragraph 3, substitute—

“3.

Any of the following if it is a relevant higher education provider—

(a)

King’s College London;

(b)

Queen Mary University of London.”.

In paragraph 4(1), after “if”, insert “it is a relevant higher education provider and”.

In paragraph 5(1), after “corporation”, insert “if it is a relevant higher education provider”.

In paragraph 6—

After paragraph 11 (before the heading preceding paragraph 12), insert—

“11A.

(1)

A relevant higher education provider not otherwise listed in paragraphs 2 to 11 if Her Majesty declares it by Order in Council to be an exempt charity for the purposes of this Act.

(2)

Sub-paragraph (1) does not include—

(a)

any college in the university of Oxford;

(b)

any college or hall in the university of Cambridge or Durham; or

(c)

any students’ union.

11B.

In paragraphs 2 to 11A—

• “higher education corporation” has the meaning given by section 90(1) of the Further and Higher Education Act 1992;

• “relevant higher education provider” means an institution which is registered in the register of higher education providers established and maintained by the Office for Students pursuant to the Higher Education and Research Act 2017 (“the 2017 Act”) and—

  1. (a)

     which is funded wholly or partly by a grant, loan or other payment from the Office for Students under section 39 or 40 of the 2017 Act,

  2. (b)

     which is not so funded but is eligible to receive such funding under section 39 or 40 of the 2017 Act, or

  3. (c)

     which provides higher education courses which are designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 by or under regulations made under that section.”.

In paragraph 28, in sub-paragraph (2), after paragraph (c), insert—

“(d)

an institution included in any of paragraphs 1 to 11A.”.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007^f1 is amended as follows.

In Part 1 of the Schedule, in the appropriate place, insert—

• “Office for Students”.

The coming into force of regulation 4(a)(ii) of these Regulations is of no effect in relation to an application that falls within paragraph (2).

An application falls within this paragraph if it is an application—

an application that falls within regulation 45(2) of these Regulations,

paragraph 6(a)(ii) of Part 1 (employments pensionable without election) of Schedule 2 (pensionable employment) to the Teachers’ Pensions Regulations 2010^f1,

paragraph 14(a)(ii) of Part 2 (service pensionable without election) of Schedule 1 (eligible employment) to the Teachers’ Pension Scheme Regulations 2014^f2, and

paragraph 4 of Part 2 of Schedule 2 (scheme employers) to the Local Government Pension Scheme Regulations 2013^f3.