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UK Act of Parliament
2017
United Kingdom
Higher Education and Research Act 2017
At a glance
Enforced by
What's here
21 compliance obligations, 4 practical guides across 2 topics · 1 journey
Penalty landscape
1 of 21 obligations carry a fine up to £2,500. 20 have no criminal penalty — flagged in the list below.
Who this Act binds
Plus 15 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesMentioned in related content
1 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — The Office for Students
Browse 92 other sections in this Part — procedural / definitional / commencement
The Office for Students
General duties
The register
Registration procedure
The initial and general ongoing registration conditions
The specific ongoing registration conditions
Proportionate conditions
Mandatory ongoing registration conditions for all providers
Mandatory transparency condition for certain providers
Mandatory fee limit condition for certain providers
Duty to publish a list regarding the fee limit condition
Mandatory access and participation plan condition for certain institutions
Other initial and ongoing registration conditions
Public interest governance condition
Power to impose monetary penalties
Suspension of registration
Suspension: procedure
De-registration by the OfS
De-registration by the OfS: procedure
De-registration: appeals
Refusal to renew an access and participation plan
Voluntary de-registration
Assessing the quality of, and the standards applied to, higher education
Quality Assessment Committee
Rating the quality of, and the standards applied to, higher education
Report on operation of section 25 schemes
Performance of assessment functions by a designated body
Power of designated body to charge fees
Power to approve an access and participation plan
Duration of a plan
Content of a plan: fees
Content of a plan: equality of opportunity
Variation of a plan
Review of decisions on approval or variation
Advice on good practice
Duty to protect institutional autonomy
Power of Secretary of State to require a report
Duty to monitor etc the provision of arrangements for student transfers
Financial support for registered higher education providers
Financial support for certain institutions
Financial support: terms and conditions
Authorisation to grant degrees etc
Supplementary powers with authorisation
Variation or revocation of section 42 authorisation
Variation or revocation of other authorisations to grant degrees etc
Grant, variation or revocation of authorisation: advice on quality etc
Grant of authorisation: notification of new providers
Variation or revocation of authorisation: procedure
Appeals against variation or revocation of authorisation
Validation by authorised providers
Validation by the OfS
Sections 42 to 49: consequential amendments
Unrecognised degrees
Unrecognised degrees: supplementary
Saving for right to grant degrees under the Ecclesiastical Licences Act 1533
Use of “university” in title of institution
Unauthorised use of “university” in title of institution etc
Revocation of authorisation to use “university” title
Revocation of authorisation: procedure
Appeals against revocation of authorisation
Entering and searching premises with a warrant
Power to require information from unregistered providers
Cooperation and information sharing by the OfS
Duty to compile and make available higher education information
Duty to publish higher education information
Designated body
Power of designated body to charge fees
Power for the OfS to publish notices, decisions and reports
Publication of decision to conduct or terminate investigation
Protection from defamation claims
Duty to monitor and report on financial sustainability
Studies for improving economy, efficiency and effectiveness
General functions relating to freedom of speech and academic freedom
Functions of the OfS in relation to students’ unions
Overseas funding: registered higher education providers
Overseas funding: students’ unions
Registration fees
Other fees
Retention of fee related income
Costs recovery
Grants from the Secretary of State
Regulatory framework
Secretary of State's power to confer supplementary functions
Secretary of State's power to give directions
Power to require information and advice from the OfS
Power to require application-to-acceptance information
Use of application-to-acceptance information for research purposes
Higher Education Funding Council for England
The Director of Fair Access to Higher Education
Meaning of “English higher education provider” etc
Designation of other providers of higher education
Other definitions
Part 2 — Other education measures
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 3 — Research
Councils' strategic delivery plans
Amended 1 timeGrants to UKRI from the Secretary of State
Amended 1 timeSecretary of State's power to give directions to UKRI
Amended 1 timeHaldane principle, balanced funding and advice from UKRI
Amended 1 timeGeneral duties
Amended 1 timePower to require information and advice from UKRI
Amended 1 timeStudies for improving economy, efficiency and effectiveness
Amended 1 timeProvision of research services
Amended 1 timeRepresenting the United Kingdom
Amended 1 timePredecessor bodies and preservation of symbolic property
Amended 7 timesDefinitions
Amended 1 timeBrowse 10 other sections in this Part — procedural / definitional / commencement
United Kingdom Research and Innovation
The Councils of UKRI
UK research and innovation functions
Financial support: supplementary provision
Exercise of functions by science and humanities Councils
Exercise of functions by Innovate UK
Exercise of functions by Research England
Exercise of functions by the Councils: supplementary
UKRI's research and innovation strategy
Amendments to powers to support research
Part 4 — General
Cooperation and information sharing between the OfS and UKRI
Amended 3 timesJoint working
Amended 3 timesAdvice to Northern Ireland departments
Amended 1 timePre-commencement consultation
Amended 1 timeRegulations
Amended 3 timesMinor and consequential amendments
Amended 5 timesBrowse 8 other sections in this Part — procedural / definitional / commencement
Transfer schemes
Power to make consequential provision
Transitional, transitory or saving provision
Directions
General interpretation
Extent
Commencement
Short title
Schedules
(1) The OfS must— (a) keep proper accounts and proper...
Other duties (1) — Crown / regulator
- OfS must keep proper accounts and prepare annual statements Statutory regulator
(1) The OfS must prepare a report on the performance...
Other duties (1) — Crown / regulator
- OfS must prepare an annual performance report Statutory regulator
(1) The OfS may determine— (a) its own procedure, and...
Other duties (1) — Crown / regulator
- OfS must manage meetings and provide documents to the Secretary of State Statutory regulator
(1) This paragraph applies if an access and participation plan...
- Restrict fees when no approved access and participation plan is in place
(1) Before imposing a monetary penalty on the provider under...
Other duties (1) — Crown / regulator
- OfS must follow fair process before imposing monetary penalty on providers Statutory regulator
(1) This paragraph applies if all or part of a...
- Pay monetary penalty plus interest if late
(1) The OfS may give the designated body general directions...
- Designated assessment body must comply with OfS directions
(1) As soon as possible after the end of each...
Other duties (1) — Crown / regulator
- Send annual assessment performance report to the OfS Statutory regulator
(1) As soon as possible after the end of each...
Other duties (1) — Crown / regulator
- OfS must prepare triennial report on designated body's performance and fees Statutory regulator
(1) Where the occupier of the premises to be entered...
Other duties (1) — Crown / regulator
- OfS authorised persons must follow search warrant procedures Statutory regulator
(1) A person commits an offence if, without reasonable excuse,...
Fine up to £2,500- Obstruct search warrant or fail to comply with its requirements
(1) As soon as possible after the end of each...
Other duties (1) — Crown / regulator
- Designated body must send annual performance report to OfS Statutory regulator
(1) As soon as possible after the end of each...
Other duties (1) — Crown / regulator
- OfS must produce triennial report on designated body's performance and fees Statutory regulator
(1) The notice which the OfS gives the governing body...
Other duties (1) — Crown / regulator
- OfS must specify payment details, appeal rights and consequences in cost notices Statutory regulator
(1) This paragraph applies if all or part of an...
- Pay OfS costs on time
Before section 125 insert— Articles of government: higher education corporations...
- Higher education corporations must adopt and maintain articles of government
Before section 124A insert— Instrument of government of higher education...
Other duties (1) — Crown / regulator
- Maintain instrument of government and preserve charitable status Crown / Minister / Government department
(1) UKRI, a Council and the Executive Committee may each...
Other duties (1) — Crown / regulator
- UKRI and Councils must provide meeting documents to Secretary of State on request Statutory regulator
(1) UKRI must— (a) keep proper accounts and proper records...
Other duties (1) — Crown / regulator
- UKRI must keep proper accounts and prepare annual statement of accounts Crown / Minister / Government department
(1) UKRI must prepare a report on the exercise of...
Other duties (1) — Crown / regulator
- UKRI must prepare annual report on its functions Statutory regulator
(1) Section 79 (duty to give information to funding councils)...
Other duties (1) — Crown / regulator
- OfS may require information from higher education providers Statutory regulator
Browse 173 other Schedules — structural / supplementary
(1) The OfS is not to be regarded—
The validity of any proceedings of the OfS, or of...
(1) The OfS may delegate any of its functions to—...
(1) The application of the OfS's seal must be authenticated...
(1) The OfS may do anything (except borrow money) which...
In Part 2 of the Table in paragraph 3 of...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
In Part 2 of Schedule 1 to the House of...
In Part 2 of Schedule 1 to the Northern Ireland...
(1) The OfS is to consist of the following members...
In Part 6 of Schedule 1 to the Freedom of...
In Part 1 of Schedule 19 to the Equality Act...
(1) The Director for Fair Access and Participation (“the Access...
(1) The Director for Freedom of Speech and Academic Freedom...
(1) A person holds and vacates office as a member...
(1) A person may resign from office as a member...
(1) The OfS must pay to members of the OfS...
(1) The OfS may— (a) appoint employees, and
(1) The OfS may establish committees, and any committee so...
(1) This Schedule is about determining the amount of “the...
(1) For the purposes of this Schedule, “credits” are units...
(1) Regulations must, in relation to each course year for...
(1) Regulations must, in relation to each course year for...
(1) If— (a) the credit-based method is to be used...
(1) If— (a) the credit-based method is to be used...
(1) Regulations may provide, in relation to transfer cases, for...
(1) Regulations under paragraph 1B, 1C or 1F are to...
Under the fixed method, the fee limit is the fixed...
(1) Paragraphs 2 and 3 apply for the purposes of...
(1) This paragraph applies if an access and participation plan...
(1) The power for regulations to prescribe different amounts for...
(1) The Secretary of State must— (a) notify the OfS...
This Schedule applies in relation to the imposition by the...
(1) The governing body of a provider may appeal to...
The OfS must pay the sums received by it by...
(1) The OfS may consult in accordance with sub-paragraph (3)...
The OfS must inform the Secretary of State if it...
(1) In this Schedule— “the assessment functions” has the meaning...
(1) This paragraph applies where the OfS has consulted in...
(1) This paragraph applies where, in accordance with paragraph 2,...
(1) A body is suitable to perform the assessment functions...
(1) The Secretary of State may by notice remove a...
This Part applies if there is a body designated under...
The OfS must make arrangements for holding the designated body...
(1) A justice of the peace who is satisfied that...
(1) A search warrant may be issued only on the...
(1) A search warrant must— (a) specify the name of...
(1) A search warrant authorises an authorised person—
(1) The powers conferred by a search warrant to inspect,...
(1) An explanation or information provided by a person in...
(1) In this Schedule— “authorised person” has the meaning given...
(1) The OfS may consult in accordance with sub-paragraph (3)...
The OfS must inform the Secretary of State if it...
(1) In this Schedule— “designated body” means a body for...
(1) This paragraph applies where the OfS has consulted in...
(1) This paragraph applies where, in accordance with paragraph 2...
(1) A body is suitable to be designated under this...
(1) The Secretary of State may by notice remove a...
This Part applies if there is a body designated under...
The OfS must make arrangements for holding the designated body...
This Schedule applies in relation to the imposition by the...
(1) The governing body of a provider may appeal to...
(1) The OfS must pay the sums received by it...
The Education Reform Act 1988 is amended as follows.
In section 124B(2)(b) (accounts), at the beginning insert “ in...
In section 124C (initial and transitional arrangements)—
In section 125 (articles of government)— (a) in the heading,...
In section 125A (charitable status of a higher education corporation)—...
In section 127(1) (transfer of staff to higher education corporations),...
Before section 128 insert— Dissolution of higher education corporations in...
In section 128 (dissolution of higher education corporations)—
In section 129(5)(e) (designation of institutions), before “128” insert “...
In section 157(2)(a) (variation of trust deeds etc: institutions conducted...
In section 122 (orders incorporating higher education institutions maintained by...
In section 161(1) (interpretation of Part 2)—
In Schedule 7 (the higher education corporations)—
In Schedule 7A (instruments of government made by Privy Council),...
The Further and Higher Education Act 1992 is amended as...
(1) Section 78 (financial years of higher education corporations) is...
In section 90(1) (interpretation of Act), in the definition of...
In section 91 (interpretation of Education Acts), in subsection (6)(b),...
Before section 122A insert— Orders for further education corporations in...
In section 122A (orders transferring further education corporations to higher...
In section 123 (provisions supplementary to sections 121 and 122)—...
Before section 124 insert— Principal powers of a higher education...
In section 124 (powers of a higher education corporation)—
In section 124A (constitution and conduct of higher education corporations)—...
(1) UKRI is not to be regarded—
(1) UKRI may establish committees (in addition to the Councils...
The validity of any proceedings of UKRI, or of any...
(1) UKRI may delegate any of its functions to—
(1) The application of UKRI's seal must be authenticated by...
(1) UKRI may do anything which appears to it to...
In Part 2 of the Table in paragraph 3 of...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
(1) UKRI is to consist of the following members appointed...
In Part 2 of Schedule 1 to the House of...
In Part 2 of Schedule 1 to the Northern Ireland...
In Part 6 of Schedule 1 to the Freedom of...
In Part 1 of Schedule 19 to the Equality Act...
(1) Each Council is to consist of—
A person holds and vacates office as a member of...
(1) This paragraph applies to a person (a “Ministerial appointee”)...
(1) This paragraph applies to a person (an “UKRI appointee”)...
(1) UKRI must pay to members of UKRI and Council...
(1) UKRI may— (a) appoint employees, and
(1) UKRI must establish a committee called “the Executive Committee”....
(1) The Secretary of State may make one or more...
(1) The things that may be transferred under a property...
(1) For the purposes of this Schedule—
In Part 2 of the Table in paragraph 3 of...
(1) Section 133 (payments in respect of persons employed in...
In Schedule 7 (higher education corporations), in paragraph 18(2)(b), for...
The Further and Higher Education Act 1992 is amended as...
In section 61 (interpretation of Part 1), omit subsection (3)(b)....
(1) Section 62 (establishment of the Higher Education Funding Councils)...
(1) Section 65 (administration of funds by councils) is amended...
(1) Section 66 (administration of funds: supplementary) is amended as...
(1) Section 68 (grants to councils) is amended as follows....
(1) Section 69 (supplementary functions) is amended as follows.
Omit section 70 (England: assessment of quality of education provided...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
Omit section 79A (Higher Education Funding Council for England's power...
(1) Section 81 (directions) is amended as follows.
(1) Section 82 (joint exercise of functions) is amended as...
In section 83 (efficiency studies), in subsection (1B), for “A...
In section 91(4) (interpretation of Education Acts), for the words...
(1) Section 92 (index) is amended as follows.
(1) Section 18 of the Education Act 1994 (power to...
In section 13 of the Education Act 1996 (local authorities'...
(1) Schedule 1 to the Freedom of Information Act 2000...
In Schedule 1 to the Superannuation Act 1972 (kinds of...
(1) The Higher Education Act 2004 is amended as follows....
(1) The Education Act 2005 is amended as follows.
In Part 1 of Schedule 19 to the Equality Act...
In the Education Act 2011, omit the following (which amend...
In Part 2 of Schedule 7 to the Charities Act...
In section 32(5)(b) of the Counter-Terrorism and Security Act 2015...
In Part 3 of Schedule 1 to the House of...
(1) Section 43 of the Education (No. 2) Act 1986...
The Education Reform Act 1988 is amended as follows.
In section 124B(2)(b) (accounts), for “the higher education funding council”...
(1) Section 128 (dissolution of higher education corporations) is amended...
In section 129(1) (designation of institutions), for “a higher education...
In section 1 of the Geological Survey Act 1845 (power...
In section 7 of the Supply Powers Act 1975 (interpretation),...
In Part 3 of Schedule 1 to the House of...
In Part 2 of Schedule 1 to the Northern Ireland...
In section 41(3) of the Patents Act 1977 (assignment of...
In section 2(4)(a) of the Further Education Act 1985 (cases...
(1) The Water Resources Act 1991 is amended as follows....
(1) In Part 2 of Schedule 5 to the Scotland...
In Schedule 3 to the Northern Ireland Act 1998 (reserved...
In Part 6 of Schedule 1 to the Freedom of...
Omit sections 1 to 9 of the Higher Education Act...
In section 23 of the Mining Industry Act 1926 (facilities...
In paragraph 9(a) of Part 2 of Schedule 5 to...
The Government of Wales Act 2006 is amended as follows....
(1) Schedule 3A (functions exercisable concurrently or jointly with the...
In paragraph 5 of Part 1 of Schedule 7 (Acts...
(1) In Part 2 of Schedule 7A (specific reservations) (which...
In sections 116(1), 117, 118(2), 120(1), 121(1), 125 and 129(2)(b)...
(1) The table in Schedule 6 to the Welsh Language...
(1) In section 10(4) of the Antarctic Act 2013 (the...
(1) Schedule 10 to the Public Service Pensions Act 2013...
In paragraph 4 of Schedule 2 to the Psychoactive Substances...
In Part 2 of the Table in paragraph 3 of...
(1) The Science and Technology Act 1965 is amended as...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
In section 50(3) of the Agriculture Act 1967 (provisions on...
(1) The Conservation of Seals Act 1970 is amended as...
In section 24 of the Chronically Sick and Disabled Persons...
In section 1(3) of the Mineral Exploration and Investment Grants...
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 6 other unclassified sections
Duty to take steps to secure freedom of speech
Code of practice
Duty to promote the importance of freedom of speech and academic freedom
Duties of constituent institutions
Duty to take steps to secure freedom of speech
Code of practice
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- DVSA — approved driving instructor (ADI) fees and registration (opens in a new tab) Detailed Guidance
- Ofsted — register as a childminder or childcare provider (opens in a new tab) Detailed Guidance
- DVSA — become a driving instructor (opens in a new tab) Detailed Guidance
- Office for Students — registering with the OfS (opens in a new tab) Detailed Guidance
- DfE — independent school registration (opens in a new tab) Publication
- Introduction to the Office for Students and the OfS Register - Office for Students (opens in a new tab) from OfS Detailed Guidance
- Validation - Office for Students (opens in a new tab) from OfS Detailed Guidance
- Benefits of registration - Office for Students (opens in a new tab) from OfS Detailed Guidance
- When and how we might take enforcement action - Office for Students (opens in a new tab) from OfS Detailed Guidance
- Introduction - Office for Students (opens in a new tab) from OfS Detailed Guidance
- ... and 8 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Students
Independent regulator for higher education in England. Registers and monitors higher education providers. Ensures students receive quality education and value for money.
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.