Higher Education and Research Act 2017: Difference between revisions
→External links: Category |
|||
(53 intermediate revisions by 24 users not shown) | |||
Line 1: | Line 1: | ||
{{Use dmy dates|date=May 2018}} |
|||
{{AFC submission|t||ts=20170728111646|u=Macinn.es|ns=118|demo=}}<!-- Important, do not remove this line before article has been created. --> |
|||
{{Use British English|date=May 2018}} |
|||
{{Infobox legislation|citation={{Cite legislation UK | type = act | year = 2017 | chapter = 29 | act = Higher Education and Research Act }}|enacted_by=[[Parliament of the United Kingdom]]|date_enacted=27th April 2017|royal_assent=27th April 2017|bill=Higher Education and Research Bill|introduced_by=Jo Johnson|1st_reading=<!--Hansard link to readings broken - I have contacted them to correct, and will add it once they do-->19th May 2016|2nd_reading=19th July 2016|3rd_reading=21st November 2016|conf_committee_passed=21st November 2016}} |
|||
{{Infobox UK legislation |
|||
⚫ | The '''Higher Education and Research Act 2017''' (c. 29) was enacted into law in the [[United Kingdom]] by the Houses of Parliament on |
||
| short_title = Higher Education and Research Act 2017 |
|||
| type = Act |
|||
| parliament = Parliament of the United Kingdom |
|||
| long_title = An Act to make provision about higher education and research; and to make provision about alternative payments to students in higher or further education. |
|||
| citation = 2017 c. 29 |
|||
| introduced_commons = [[Jo Johnson]], [[Minister of State for Universities, Science, Research and Innovation|Universities Minister]] |
|||
| introduced_lords = [[James Younger, 5th Viscount Younger of Leckie]] |
|||
| territorial_extent = England and Wales (whole Act), Scotland and Northern Ireland (ss. 25, 79–80, 83, parts 3–4) |
|||
| royal_assent = 27 April 2017 |
|||
| commencement = Varies by section |
|||
| amends = [[Science and Technology Act 1965]]<br>[[Education Reform Act 1988]]<br>[[Further and Higher Education Act 1992]]<br>[[Teaching and Higher Education Act 1998]]<br>[[Higher Education Act 2004]] |
|||
| replaces = |
|||
| amendments = |
|||
| repealing_legislation = |
|||
| related_legislation = |
|||
| status = Current |
|||
| legislation_history = https://bills.parliament.uk/bills/1773/stages |
|||
| theyworkforyou = |
|||
| millbankhansard = Higher Education and Research Bill |
|||
| original_text = https://www.legislation.gov.uk/ukpga/2017/29/contents/enacted |
|||
| revised_text = https://www.legislation.gov.uk/ukpga/2017/29/contents |
|||
}} |
|||
⚫ | The '''Higher Education and Research Act 2017''' (c. 29) was enacted into law in the [[United Kingdom]] by the Houses of Parliament on 27 April 2017.<ref name=":0">{{Cite news|url=http://wonkhe.com/blogs/be-it-enacted-the-higher-education-and-research-act-2017/|title=Be it enacted: The Higher Education and Research Act|last=Morris|first=David|date=2017-04-27|work=Wonkhe|access-date=2017-07-28|language=en-GB}}</ref> It is intended to create a new regulatory framework for [[Higher education in the United Kingdom|higher education]], increase competition and student choice, ensure students receive value for money, and strengthen the research sector.<ref>{{Cite web|url=https://www.gov.uk/government/collections/higher-education-and-research-bill|title=Higher Education and Research Bill - GOV.UK|website=www.gov.uk|language=en|access-date=2017-07-28}}</ref> |
||
The Act |
The Act is a replacement for the [[Further and Higher Education Act 1992]] and is intended to accommodate subsequent changes in the higher education sector.<ref name=":1">{{Cite web|url=http://www.universitiesuk.ac.uk/policy-and-analysis/reports/Documents/2017/briefing-higher-education-research-act-implementation.pdf|title=Implementation of the Higher Education and Research Act 2017|date=2017-06-09|website=[[Universities UK]]|access-date=2017-07-31}}</ref> [[James Younger, 5th Viscount Younger of Leckie|Viscount Younger]], the sponsor of the Bill in the [[House of Lords]], called it "the most important legislation for the sector in 25 years",<ref name=":0" /> a claim supported by [[Universities UK]], who said that it is "the first major regulatory reform" to higher education in that period.<ref name=":1" /> |
||
The Act |
The Act is split into four parts: Part 1 establishes the [[Office for Students]] and gives it responsibilities for regulating the Higher Education sector; Part 2 amends prior legislation on student financial support and student complaints procedures; Part 3 establishes a body called [[United Kingdom Research and Innovation]] and gives it responsibilities for regulating and funding research; and Part 4 addresses miscellaneous issues such as transitional arrangements and [[data sharing]].<ref name=":2">{{Cite legislation UK | type = act | year = 2017 | chapter = 29 | act = Higher Education and Research Act }}</ref> |
||
== Core |
== Core provisions == |
||
=== |
=== Office for Students === |
||
{{Main|Office for Students}} |
{{Main|Office for Students}} |
||
The Office for Students (OfS) |
The Office for Students (OfS) is established in the Act broadly as a replacement for the [[Higher Education Funding Council for England]]. The Act details requirements for appointments of the board of directors – that they reflect a diverse range of members with experience of various aspects of higher education – and outlines the main responsibilities of the OfS, leaving specific details to be developed in [[Statutory instrument (UK)|secondary legislation]]. It emphasises that the OfS should be a market regulator and protector of student interests,<ref name=":1" /> and specifies the post of Director for Fair Access and Participation (section 2). The Act abolishes of the official position of Director of Fair Access (section 82), meaning that the OfS will also replace the functions of the [[Office for Fair Access]]. |
||
The |
The Act also creates procedures for the OfS to grant degree-awarding powers to education providers, and also for granting the right of providers to use ''university'' in their titles,<ref name=":2" /> which will ease entry to the Higher Education market.<ref>{{Cite news|url=https://www.timeshighereducation.com/news/higher-education-bill-seeks-powerful-office-students|title=Higher education bill seeks powerful Office for Students|date=2016-05-19|work=Times Higher Education (THE)|access-date=2017-08-01|language=en}}</ref> The regulatory powers granted to the OfS go as far as allowing it to apply for a warrant to enter universities' premises, and to revoke degree awarding powers and university status, even where these were issued by [[Royal charter]] under the previous system.<ref name=":2" /> |
||
The OfS |
The OfS is also given a funding role, with the ability to make "grants, loans or other payments to the governing body of an eligible higher education provider", and that it may attach any terms and conditions to the payments "as the OfS considers appropriate".<ref name=":2" /> |
||
=== United Kingdom Research and Innovation === |
=== United Kingdom Research and Innovation === |
||
{{Main|United Kingdom Research and Innovation}} |
|||
⚫ | |||
⚫ | United Kingdom Research and Innovation (UKRI), established in Part 3 of the Act, brings together the country's seven research councils,<ref name=":7">{{Cite news|url=http://wonkhe.com/blogs/analysis-ukri-if-you-want-to-how-to-read-the-new-research-funding-landscape/|title=UKRI if you want to: how to read the new research landscape {{!}} Wonkhe {{!}} Analysis|work=Wonkhe|access-date=2017-08-03|language=en-GB}}</ref> replacing each of them with committees (while still using the term "councils" to refer to them) within UKRI.<ref name=":2" /> It is intended to strengthen interdisciplinary research, advocate for the whole research sector, and pool resources such as management and datasets. It gives the government the ability to set the direction of future research by maintaining a level of control over budgets of the individual councils, while still allowing a level of autonomy on how money is allocated to research projects.<ref name=":7" /> |
||
=== Alternative payments and the student complaints scheme === |
=== Alternative payments and the student complaints scheme === |
||
The Act amends previous legislation, replacing instances of the word "loan" with "loan, or alternative payment".<ref name=":2" /> While not explicitly mentioned in the Act, this is to support the issuance of [[Islamic banking and finance|sharia-compliant payments]] by the [[Student Loans Company]].<ref name=":0" /> |
|||
The [[Office of the Independent Adjudicator]]'s role in handling student complaints is expanded<ref>{{Cite web|url=http://www.oiahe.org.uk/media/115689/aom-speech-2017.pdf|title=2017 Annual Open Meeting of the OIA|last=Clements|first=Judy|date=2017-05-08|access-date=2017-08-03}}</ref> under Part 2 of the Act to cover any higher education provider on the OfS's register.<ref name=":2" /> |
|||
== Introduction of the Bill == |
== Introduction of the Bill == |
||
⚫ | The Government published a [[white paper]] titled ''Success as a Knowledge Economy'' on 16 May 2016.<ref>{{Cite news|url=https://www.timeshighereducation.com/news/he-white-paper-higher-education-sector-responds|title=HE White Paper: the higher education sector responds|date=2016-05-13|work=Times Higher Education (THE)|access-date=2017-08-02|language=en}}</ref> The paper proposed a new regulatory system, headed by an Office for Students, and gave more detail on the future of the recently-introduced [[Teaching Excellence Framework]] (TEF), and how it would be linked with tuition fees. It also proposed merging the existing seven research councils into a single body, UK Research and Innovation. It proposed procedures for new providers entering the market, with substantially fewer hurdles. It also proposed a national register of students' unions, which would give students who encountered issues greater mechanisms for redress.<ref>{{Cite news|url=https://www.timeshighereducation.com/news/higher-education-white-paper-key-points-glance|title=Higher education White Paper: key points at a glance|date=2016-05-16|work=Times Higher Education (THE)|access-date=2017-08-02|language=en}}</ref> |
||
=== White paper === |
|||
⚫ | The Government published a [[white paper]] titled ''Success as a Knowledge Economy'' on |
||
⚫ | On 18 May 2016, the week after the publication of the white paper, the State Opening of Parliament Queen's speech announced new legislation "to support the establishment of new universities and to promote choice and competition across the higher education sector".<ref>{{Cite web|url=https://www.gov.uk/government/speeches/queens-speech-2016|title=Queen's Speech 2016|date=2016-05-18|website=[[Gov.uk]]|language=en|access-date=2017-08-02}}</ref> The next day, the Higher Education and Research Bill had its first [[Reading (legislature)|reading]] in the [[House of Commons of the United Kingdom|United Kingdom House of Commons]].<ref>{{Cite web|url=http://services.parliament.uk/bills/2016-17/highereducationandresearch.html|title=Higher Education and Research Act 2017 — UK Parliament|website=services.parliament.uk|access-date=2017-08-02}}</ref> |
||
=== Formal announcement === |
|||
⚫ | On |
||
== Passage through Parliament == |
== Passage through Parliament == |
||
Even before the Bill's second reading, substantial opposition was forecast, with one [[Chancellor (education)|Vice-Chancellor]] predicting that it would not get through the House of Commons without significant amendment<ref>{{Cite news|url=https://www.timeshighereducation.com/news/higher-education-bill-will-face-substantial-opposition-in-parliament|title=HE bill |
The Bill was introduced to the Commons for its first reading by [[Jo Johnson]], the [[Minister (government)|Minister]] for Universities and Science. Even before the Bill's second reading, substantial opposition was forecast, with one [[Chancellor (education)|Vice-Chancellor]] predicting that it would not get through the House of Commons without significant amendment,<ref>{{Cite news|url=https://www.timeshighereducation.com/news/higher-education-bill-will-face-substantial-opposition-in-parliament|title=HE bill 'will face substantial opposition in Parliament'|date=2016-06-23|work=Times Higher Education (THE)|access-date=2017-08-02|language=en}}</ref> and [[Gordon Marsden]], the [[Shadow Cabinet|Shadow Secretary]] for higher education, voiced concerns that the [[Brexit Referendum]] result meant that the Bill should be shelved.<ref>{{Cite news|url=https://www.politicshome.com/news/uk/education/universities/opinion/house-commons/77366/gordon-marsden-mp-higher-education-bill|title=Higher Education Bill could cause massive disruption|last=Marsden|first=Gordon|date=2016-07-15|work=PoliticsHome.com|access-date=2017-08-04|language=en}}</ref> |
||
At the [[committee stage]], amendments were proposed by the [[Opposition (parliamentary)|Opposition]] including the renaming of the Office for Students<ref>{{Cite web|url=https://www.theyworkforyou.com/pbc/2016-17/Higher_Education_and_Research_Bill/04-0_2016-09-08b.105.3|title=The Office for Students: 8 Sep 2016: Public Bill Committees - TheyWorkForYou|website=TheyWorkForYou|language=en|access-date=2017-08-02}}</ref> |
At the [[committee stage]], amendments were proposed by the [[Opposition (parliamentary)|Opposition]] including the renaming of the Office for Students,<ref>{{Cite web|url=https://www.theyworkforyou.com/pbc/2016-17/Higher_Education_and_Research_Bill/04-0_2016-09-08b.105.3|title=The Office for Students: 8 Sep 2016: Public Bill Committees - TheyWorkForYou|website=TheyWorkForYou|language=en|access-date=2017-08-02}}</ref> requiring that de-registration of higher education providers be supported by secondary legislation<ref>{{Cite web|url=https://www.theyworkforyou.com/pbc/2016-17/Higher_Education_and_Research_Bill/08-0_2016-09-15b.300.0#g300.1|title=De-registration by the OfS: 15 Sep 2016: Public Bill Committees - TheyWorkForYou|website=TheyWorkForYou|language=en|access-date=2017-08-02}}</ref> and changing the metrics by which teaching is measured.<ref name=":3">{{Cite news|url=http://www.paulblomfield.co.uk/challenging_govt_plans_unis|title=Challenging Government plans for our universities|work=Paul Blomfield|access-date=2017-08-02}}</ref> All opposition amendments were rejected at the Commons committee stage<ref name=":3" /> and the Bill passed through the House of Commons after the third reading on 21 November. |
||
The [[House of Lords]] made |
The Bill was sponsored in the [[House of Lords]] by Viscount Younger, and they made their own amendments to the Bill. They voted that there should be additional constraints for entry to the higher education market to prevent profit-motivated providers gaining access too easily, to the detriment of students and the sector. They also voted that the TEF should not be used to create a consolidated ranking of universities, and that its metrics should be subject to additional oversight.<ref>{{Cite news|url=https://www.timeshighereducation.com/news/lords-defeat-uk-government-again-tef-and-private-providers|title=Lords defeat UK government again on TEF and private providers|date=2017-03-08|work=Times Higher Education (THE)|access-date=2017-08-02|language=en}}</ref> |
||
The [[United Kingdom general election |
The [[2017 United Kingdom general election|snap general election]] meant that Parliament had to be [[Dissolution of parliament|dissolved]], and so the [[Labour Party (UK)|Labour Party]] reached an agreement with the Government to vote for a version of the Bill with substantially reduced amendments as part of the [[wash-up period]]. The linking of the TEF to tuition fees was to be delayed, but not prevented altogether, and the OfS would be required to consult the [[Quality Assurance Agency for Higher Education]] before awarding the use of the ''university'' title.<ref name=":4">{{Cite news|url=http://wonkhe.com/blogs/further-changes-to-he-bill-as-commons-gets-set-for-ping-pong/|title=UPDATED: Agreement reached on HE Bill as it heads to final stages of debate {{!}} Wonkhe {{!}} Policy Watch|work=Wonkhe|access-date=2017-08-02|language=en-GB}}</ref> |
||
The amended Bill was voted on in both houses on |
The amended Bill was voted on in both houses on 27 April 2017, then received royal assent as the Higher Education and Research Act later that day.<ref name=":0" /><ref name=":4" /> |
||
== Reception == |
== Reception == |
||
As the Bill passed through parliament, it was widely criticised within the sector.<ref name=":5">{{Cite news|url=https://www.theguardian.com/higher-education-network/2017/feb/15/whos-afraid-of-private-universities|title=Who's afraid of private universities?|last=Lock|first=Helen|date=2017-02-15|work=The Guardian|access-date=2017-08-03|language=en-GB|issn=0261-3077}}</ref> The National Union of Students were opposed to what they called the "marketisation of HE", stating that "a climate of competition will never be in students’ best interests", and were also concerned about the link between measured teaching quality and rises in tuition fees<ref name=":6">{{Cite news|url=https://www.nus.org.uk/en/news/nus-responds-to-higher-education-and-research-bill/|title=NUS responds to the |
As the Bill passed through parliament, it was widely criticised within the sector.<ref name=":5">{{Cite news|url=https://www.theguardian.com/higher-education-network/2017/feb/15/whos-afraid-of-private-universities|title=Who's afraid of private universities?|last=Lock|first=Helen|date=2017-02-15|work=The Guardian|access-date=2017-08-03|language=en-GB|issn=0261-3077}}</ref> The [[National Union of Students (United Kingdom)|National Union of Students]] (NUS) were opposed to what they called the "marketisation of HE", stating that "a climate of competition will never be in students’ best interests", and were also concerned about the link between measured teaching quality and rises in tuition fees.<ref name=":6">{{Cite news|url=https://www.nus.org.uk/en/news/nus-responds-to-higher-education-and-research-bill/|title=NUS responds to the government's Higher Education and Research Bill|work=[[National Union of Students (United Kingdom)|National Union of Students]]|access-date=2017-08-03|language=en}}</ref> The amount of regulatory muscle given to the OfS, in having the authority to de-register universities, was criticised, as was the ease with which for-profit education providers could enter the market.<ref name=":5" /> |
||
[[Alison Wolf, Baroness Wolf of Dulwich|Baroness |
[[Alison Wolf, Baroness Wolf of Dulwich|Baroness Wolf]], previously an adviser to the government, expressed concern that "sweeping general legislation might make it easier to set up a really small, innovative, educationally wonderful institution, but it’s much more likely to mean we end up with the American-style catastrophe".<ref>{{Cite web|url=http://www.educationinvestor.co.uk/showarticle.aspx?ID=5307|title=EducationInvestor - Article: Alison Wolf: Private university plans 'risk catastrophe'|website=www.educationinvestor.co.uk|language=en|access-date=2017-08-03}}</ref> [[Nick Hillman]] of the [[Higher Education Policy Institute]] [[think tank]] has long been in favour of legislation to support new universities, but said that even he thought the speed with which they could be approved under the new legislation was "a risk too far".<ref name=":5" /> |
||
Others have pointed to the lack of subject diversity that the likely influx private providers will offer. [[University of Cambridge|Cambridge]] professor Gill Evans stated that "they tend to go for what can be taught cheaply to a mass market", and that the majority of current private providers are only offering courses up to level 5, rather than full degrees.<ref>{{Cite news|url= |
Others have pointed to the lack of subject diversity that the likely influx private providers will offer. [[University of Cambridge|Cambridge]] professor Gill Evans stated that "they tend to go for what can be taught cheaply to a mass market", and that the majority of current private providers are only offering courses up to level 5, rather than full degrees.<ref>{{Cite news|url=https://www.telegraph.co.uk/education/2017/01/16/government-championing-new-university-providers-evidence-prove/|title=The Government is championing new university providers - but where's the evidence to prove they're fit for purpose?|work=The Telegraph|access-date=2017-08-03|language=en-GB}}</ref> |
||
The government has hit back at critics, with |
The government has hit back at critics, with Jo Johnson saying existing universities are merely afraid of competition, and are "acting like bouncers deciding who should and should not be let into the club".<ref>{{Cite news|url=https://www.telegraph.co.uk/education/2017/01/10/jo-johnson-accuses-britains-leading-universities-acting-like/|title=Jo Johnson accuses Britain's leading universities of acting like a 'cartel' and behaving like burly bouncers|work=The Telegraph|access-date=2017-08-03|language=en-GB}}</ref> The government position is that the increased competition, and the link between teaching quality and tuition fees, will force existing universities to improve.<ref>{{Cite news|url=https://www.conservativehome.com/platform/2017/01/jo-johnson-we-must-break-open-the-higher-education-closed-shop.html|title=We must break open the higher education closed shop|last=Johnson|first=Jo|work=Conservative Home|access-date=2017-08-03|language=en-US}}</ref> |
||
Outside of the government, the legislation has had its supporters. Notably, [[Universities UK]], |
Outside of the government, the legislation has had its supporters. Notably, [[Universities UK]] and [[GuildHE]], both influential bodies representing university leadership, expressed their support in a joint letter to their respective members. They welcomed the change, stating that "current regulatory framework has not kept up" with changes within the HE sector.<ref>{{Cite web|url=http://www.universitiesuk.ac.uk/policy-and-analysis/reports/Documents/2017/uuk-guildhe-letter-higher-education-research-bill-250417.pdf|title=Letter to UUK and GuildHE Members on the Higher Education and Research Bill|date=2017-04-25|access-date=2017-08-03}}</ref> Even the NUS, otherwise fierce critics of the changes, expressed support for the provision of sharia-compliant loans supported by the legislation.<ref name=":6" /> |
||
== References == |
== References == |
||
{{reflist}} |
{{reflist}} |
||
== External links == |
|||
* [http://services.parliament.uk/bills/2016-17/highereducationandresearch/stages.html Bill Stages – Higher Education and Research Act 2017] – UK Parliament |
|||
* [http://www.legislation.gov.uk/ukpga/2017/29/enacted Higher Education and Research Act – as enacted] – legislation.gov.uk |
|||
* [https://www.gov.uk/government/collections/higher-education-and-research-bill Collection: Higher Education and Research Bill] – gov.uk |
|||
* [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/523546/bis-16-265-success-as-a-knowledge-economy-web.pdf Success as a Knowledge Economy white paper] – gov.uk |
|||
[[Category:United Kingdom Acts of Parliament 2017]] |
|||
[[Category:2017 in education]] |
|||
[[Category:Education regulation in the United Kingdom]] |
|||
[[Category:Higher education in the United Kingdom]] |
|||
[[Category:Higher education law]] |
|||
[[Category:Higher education regulation]] |
|||
[[Category:Research in the United Kingdom]] |
|||
[[Category:Science policy in the United Kingdom]] |
|||
[[Category:United Kingdom Education Acts]] |
|||
[[Category:History of higher education in the United Kingdom]] |
Latest revision as of 14:01, 27 April 2024
Act of Parliament | |
![]() | |
Long title | An Act to make provision about higher education and research; and to make provision about alternative payments to students in higher or further education. |
---|---|
Citation | 2017 c. 29 |
Introduced by | Jo Johnson, Universities Minister (Commons) James Younger, 5th Viscount Younger of Leckie (Lords) |
Territorial extent | England and Wales (whole Act), Scotland and Northern Ireland (ss. 25, 79–80, 83, parts 3–4) |
Dates | |
Royal assent | 27 April 2017 |
Commencement | Varies by section |
Other legislation | |
Amends | Science and Technology Act 1965 Education Reform Act 1988 Further and Higher Education Act 1992 Teaching and Higher Education Act 1998 Higher Education Act 2004 |
Status: Current legislation | |
History of passage through Parliament | |
Records of Parliamentary debate relating to the statute from Hansard | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Higher Education and Research Act 2017 (c. 29) was enacted into law in the United Kingdom by the Houses of Parliament on 27 April 2017.[1] It is intended to create a new regulatory framework for higher education, increase competition and student choice, ensure students receive value for money, and strengthen the research sector.[2]
The Act is a replacement for the Further and Higher Education Act 1992 and is intended to accommodate subsequent changes in the higher education sector.[3] Viscount Younger, the sponsor of the Bill in the House of Lords, called it "the most important legislation for the sector in 25 years",[1] a claim supported by Universities UK, who said that it is "the first major regulatory reform" to higher education in that period.[3]
The Act is split into four parts: Part 1 establishes the Office for Students and gives it responsibilities for regulating the Higher Education sector; Part 2 amends prior legislation on student financial support and student complaints procedures; Part 3 establishes a body called United Kingdom Research and Innovation and gives it responsibilities for regulating and funding research; and Part 4 addresses miscellaneous issues such as transitional arrangements and data sharing.[4]
Core provisions
[edit]Office for Students
[edit]The Office for Students (OfS) is established in the Act broadly as a replacement for the Higher Education Funding Council for England. The Act details requirements for appointments of the board of directors – that they reflect a diverse range of members with experience of various aspects of higher education – and outlines the main responsibilities of the OfS, leaving specific details to be developed in secondary legislation. It emphasises that the OfS should be a market regulator and protector of student interests,[3] and specifies the post of Director for Fair Access and Participation (section 2). The Act abolishes of the official position of Director of Fair Access (section 82), meaning that the OfS will also replace the functions of the Office for Fair Access.
The Act also creates procedures for the OfS to grant degree-awarding powers to education providers, and also for granting the right of providers to use university in their titles,[4] which will ease entry to the Higher Education market.[5] The regulatory powers granted to the OfS go as far as allowing it to apply for a warrant to enter universities' premises, and to revoke degree awarding powers and university status, even where these were issued by Royal charter under the previous system.[4]
The OfS is also given a funding role, with the ability to make "grants, loans or other payments to the governing body of an eligible higher education provider", and that it may attach any terms and conditions to the payments "as the OfS considers appropriate".[4]
United Kingdom Research and Innovation
[edit]United Kingdom Research and Innovation (UKRI), established in Part 3 of the Act, brings together the country's seven research councils,[6] replacing each of them with committees (while still using the term "councils" to refer to them) within UKRI.[4] It is intended to strengthen interdisciplinary research, advocate for the whole research sector, and pool resources such as management and datasets. It gives the government the ability to set the direction of future research by maintaining a level of control over budgets of the individual councils, while still allowing a level of autonomy on how money is allocated to research projects.[6]
Alternative payments and the student complaints scheme
[edit]The Act amends previous legislation, replacing instances of the word "loan" with "loan, or alternative payment".[4] While not explicitly mentioned in the Act, this is to support the issuance of sharia-compliant payments by the Student Loans Company.[1]
The Office of the Independent Adjudicator's role in handling student complaints is expanded[7] under Part 2 of the Act to cover any higher education provider on the OfS's register.[4]
Introduction of the Bill
[edit]The Government published a white paper titled Success as a Knowledge Economy on 16 May 2016.[8] The paper proposed a new regulatory system, headed by an Office for Students, and gave more detail on the future of the recently-introduced Teaching Excellence Framework (TEF), and how it would be linked with tuition fees. It also proposed merging the existing seven research councils into a single body, UK Research and Innovation. It proposed procedures for new providers entering the market, with substantially fewer hurdles. It also proposed a national register of students' unions, which would give students who encountered issues greater mechanisms for redress.[9]
On 18 May 2016, the week after the publication of the white paper, the State Opening of Parliament Queen's speech announced new legislation "to support the establishment of new universities and to promote choice and competition across the higher education sector".[10] The next day, the Higher Education and Research Bill had its first reading in the United Kingdom House of Commons.[11]
Passage through Parliament
[edit]The Bill was introduced to the Commons for its first reading by Jo Johnson, the Minister for Universities and Science. Even before the Bill's second reading, substantial opposition was forecast, with one Vice-Chancellor predicting that it would not get through the House of Commons without significant amendment,[12] and Gordon Marsden, the Shadow Secretary for higher education, voiced concerns that the Brexit Referendum result meant that the Bill should be shelved.[13]
At the committee stage, amendments were proposed by the Opposition including the renaming of the Office for Students,[14] requiring that de-registration of higher education providers be supported by secondary legislation[15] and changing the metrics by which teaching is measured.[16] All opposition amendments were rejected at the Commons committee stage[16] and the Bill passed through the House of Commons after the third reading on 21 November.
The Bill was sponsored in the House of Lords by Viscount Younger, and they made their own amendments to the Bill. They voted that there should be additional constraints for entry to the higher education market to prevent profit-motivated providers gaining access too easily, to the detriment of students and the sector. They also voted that the TEF should not be used to create a consolidated ranking of universities, and that its metrics should be subject to additional oversight.[17]
The snap general election meant that Parliament had to be dissolved, and so the Labour Party reached an agreement with the Government to vote for a version of the Bill with substantially reduced amendments as part of the wash-up period. The linking of the TEF to tuition fees was to be delayed, but not prevented altogether, and the OfS would be required to consult the Quality Assurance Agency for Higher Education before awarding the use of the university title.[18]
The amended Bill was voted on in both houses on 27 April 2017, then received royal assent as the Higher Education and Research Act later that day.[1][18]
Reception
[edit]As the Bill passed through parliament, it was widely criticised within the sector.[19] The National Union of Students (NUS) were opposed to what they called the "marketisation of HE", stating that "a climate of competition will never be in students’ best interests", and were also concerned about the link between measured teaching quality and rises in tuition fees.[20] The amount of regulatory muscle given to the OfS, in having the authority to de-register universities, was criticised, as was the ease with which for-profit education providers could enter the market.[19]
Baroness Wolf, previously an adviser to the government, expressed concern that "sweeping general legislation might make it easier to set up a really small, innovative, educationally wonderful institution, but it’s much more likely to mean we end up with the American-style catastrophe".[21] Nick Hillman of the Higher Education Policy Institute think tank has long been in favour of legislation to support new universities, but said that even he thought the speed with which they could be approved under the new legislation was "a risk too far".[19]
Others have pointed to the lack of subject diversity that the likely influx private providers will offer. Cambridge professor Gill Evans stated that "they tend to go for what can be taught cheaply to a mass market", and that the majority of current private providers are only offering courses up to level 5, rather than full degrees.[22]
The government has hit back at critics, with Jo Johnson saying existing universities are merely afraid of competition, and are "acting like bouncers deciding who should and should not be let into the club".[23] The government position is that the increased competition, and the link between teaching quality and tuition fees, will force existing universities to improve.[24]
Outside of the government, the legislation has had its supporters. Notably, Universities UK and GuildHE, both influential bodies representing university leadership, expressed their support in a joint letter to their respective members. They welcomed the change, stating that "current regulatory framework has not kept up" with changes within the HE sector.[25] Even the NUS, otherwise fierce critics of the changes, expressed support for the provision of sharia-compliant loans supported by the legislation.[20]
References
[edit]- ^ a b c d Morris, David (27 April 2017). "Be it enacted: The Higher Education and Research Act". Wonkhe. Retrieved 28 July 2017.
- ^ "Higher Education and Research Bill - GOV.UK". www.gov.uk. Retrieved 28 July 2017.
- ^ a b c "Implementation of the Higher Education and Research Act 2017" (PDF). Universities UK. 9 June 2017. Retrieved 31 July 2017.
- ^ a b c d e f g "Higher Education and Research Act", legislation.gov.uk, The National Archives, 2017 c. 29
- ^ "Higher education bill seeks powerful Office for Students". Times Higher Education (THE). 19 May 2016. Retrieved 1 August 2017.
- ^ a b "UKRI if you want to: how to read the new research landscape | Wonkhe | Analysis". Wonkhe. Retrieved 3 August 2017.
- ^ Clements, Judy (8 May 2017). "2017 Annual Open Meeting of the OIA" (PDF). Retrieved 3 August 2017.
- ^ "HE White Paper: the higher education sector responds". Times Higher Education (THE). 13 May 2016. Retrieved 2 August 2017.
- ^ "Higher education White Paper: key points at a glance". Times Higher Education (THE). 16 May 2016. Retrieved 2 August 2017.
- ^ "Queen's Speech 2016". Gov.uk. 18 May 2016. Retrieved 2 August 2017.
- ^ "Higher Education and Research Act 2017 — UK Parliament". services.parliament.uk. Retrieved 2 August 2017.
- ^ "HE bill 'will face substantial opposition in Parliament'". Times Higher Education (THE). 23 June 2016. Retrieved 2 August 2017.
- ^ Marsden, Gordon (15 July 2016). "Higher Education Bill could cause massive disruption". PoliticsHome.com. Retrieved 4 August 2017.
- ^ "The Office for Students: 8 Sep 2016: Public Bill Committees - TheyWorkForYou". TheyWorkForYou. Retrieved 2 August 2017.
- ^ "De-registration by the OfS: 15 Sep 2016: Public Bill Committees - TheyWorkForYou". TheyWorkForYou. Retrieved 2 August 2017.
- ^ a b "Challenging Government plans for our universities". Paul Blomfield. Retrieved 2 August 2017.
- ^ "Lords defeat UK government again on TEF and private providers". Times Higher Education (THE). 8 March 2017. Retrieved 2 August 2017.
- ^ a b "UPDATED: Agreement reached on HE Bill as it heads to final stages of debate | Wonkhe | Policy Watch". Wonkhe. Retrieved 2 August 2017.
- ^ a b c Lock, Helen (15 February 2017). "Who's afraid of private universities?". The Guardian. ISSN 0261-3077. Retrieved 3 August 2017.
- ^ a b "NUS responds to the government's Higher Education and Research Bill". National Union of Students. Retrieved 3 August 2017.
- ^ "EducationInvestor - Article: Alison Wolf: Private university plans 'risk catastrophe'". www.educationinvestor.co.uk. Retrieved 3 August 2017.
- ^ "The Government is championing new university providers - but where's the evidence to prove they're fit for purpose?". The Telegraph. Retrieved 3 August 2017.
- ^ "Jo Johnson accuses Britain's leading universities of acting like a 'cartel' and behaving like burly bouncers". The Telegraph. Retrieved 3 August 2017.
- ^ Johnson, Jo. "We must break open the higher education closed shop". Conservative Home. Retrieved 3 August 2017.
- ^ "Letter to UUK and GuildHE Members on the Higher Education and Research Bill" (PDF). 25 April 2017. Retrieved 3 August 2017.
External links
[edit]- Bill Stages – Higher Education and Research Act 2017 – UK Parliament
- Higher Education and Research Act – as enacted – legislation.gov.uk
- Collection: Higher Education and Research Bill – gov.uk
- Success as a Knowledge Economy white paper – gov.uk
- United Kingdom Acts of Parliament 2017
- 2017 in education
- Education regulation in the United Kingdom
- Higher education in the United Kingdom
- Higher education law
- Higher education regulation
- Research in the United Kingdom
- Science policy in the United Kingdom
- United Kingdom Education Acts
- History of higher education in the United Kingdom