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Higher Education and Research Act 2017
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Changes to legislation:
Higher Education and Research Act 2017, Paragraph 5 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. A1 inserted by 2023 c. 16 s. 1
- s. A4 and cross-heading inserted by 2023 c. 16 s. 2
- s. A5 A6 and cross-heading inserted by 2023 c. 16 s. 3
- s. A7 and cross-heading inserted by 2023 c. 16 s. 4
- s. 2(1)(aa)(ab) inserted by 2023 c. 16 s. 5(1)
- s. 2(7A) inserted by 2023 c. 16 Sch. para. 2(3)
- s. 8A inserted by 2023 c. 16 s. 6
- s. 9(3A) inserted by 2022 c. 21 s. 16(2)
- s. 10(3A) inserted by 2023 c. 40 s. 2(2)(a)
- s. 10(6A) inserted by 2023 c. 40 s. 2(2)(b)
- s. 10(7A) inserted by 2023 c. 40 s. 2(2)(c)
- s. 10(7B)(7C) inserted by 2023 c. 40 s. 1(2)(b)
- s. 11(1A)(1B) inserted by 2023 c. 40 s. 2(3)(b)
- s. 11(2)(2A) substituted for s. 11(2) by 2023 c. 40 s. 2(3)(c)
- s. 31(1)(1A) substituted for s. 31(1) by 2023 c. 40 s. 2(4)(a)
- s. 31(2A)(2B) inserted by 2023 c. 40 s. 2(4)(c)
- s. 31(4) inserted by 2023 c. 40 s. 4(4)(e)
- s. 67B(3A) inserted by 2023 c. 16 Sch. para. 5(3)
- s. 67C(3) inserted by 2023 c. 16 Sch. para. 6
- s. 69A and cross-heading inserted by 2023 c. 16 s. 5(2)
- s. 69C inserted by 2023 c. 16 s. 8(1)
- s. 73(1A) inserted by 2023 c. 16 Sch. para. 7(3)
- s. 73(4A) inserted by 2023 c. 16 Sch. para. 7(6)
- s. 85(1A) inserted by 2022 c. 21 s. 16(4)(b)
- s. 119(2)(ha)(hb) inserted by 2023 c. 40 s. 2(6)
- Sch. 2 para. 5(4) inserted by 2023 c. 40 s. 2(7)
- Sch. 2 para. 1-1I substituted for Sch. 2 para. 1 by 2023 c. 40 s. 1(4)
- Sch. 6A inserted by 2023 c. 16 s. 8(2)
- Sch. 7 para. 4(5) inserted by 2023 c. 16 Sch. para. 13(6)
This section has no associated Explanatory Notes
5(1)The Secretary of State may by notice remove a designation under this Schedule.E+W
(2)The notice must—
(a)include the reasons for the Secretary of State's decision, and
(b)specify the date on which the designation is removed.
(3)The Secretary of State may only remove the designation if—
(a)the Secretary of State is satisfied that removing the designation would be appropriate for securing the effective assessment of the quality of, and the standards applied to, higher education provided by English higher education providers,
(b)the Secretary of State is satisfied that the designated body is failing to perform in an effective manner its functions under section 46, or
(c)the designated body consents to the removal of the designation.
(4)Before removing the designation the Secretary of State must consult—
(a)the OfS,
(b)a number of registered higher education providers that, taken together, appear to the Secretary of State to comprise a broad range of the different types of such providers,
(c)a number of persons that, taken together, appear to the Secretary of State to represent, or promote the interests of, a broad range of students on higher education courses provided in England by registered higher education providers,
(d)a number of persons that, taken together, appear to the Secretary of State to represent, or promote the interests of, a broad range of employers of graduates, and
(e)such other persons as the Secretary of State considers appropriate.
(5)In determining whether a designation under this Schedule should be removed, the Secretary of State must have regard to any relevant information that the OfS has provided to the Secretary of State.
(6)The Secretary of State must publish a notice under this paragraph.
Modifications etc. (not altering text)
C1Sch. 4 para. 5 modified (temp.) (1.1.2018) by The Higher Education and Research Act 2017 (Transitory Provisions) Regulations 2017 (S.I. 2017/1145), regs. 1(2), 3
Commencement Information
I1Sch. 4 para. 5 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(p)(i)
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