Higher Education and Research Act 2017

27 Performance of assessment functions by a designated body

(1) In Schedule 4—

(a) Part 1 makes provision about the designation of a body to perform the assessment functions, and

(b) Part 2 makes provision about oversight of the designated body by the OfS.

(2) “The assessment functions” are—

(a) the functions of the OfS under section 23 (assessing the quality of, and the standards applied to, higher education), and

(b) the functions of the relevant body under section 46 (advice on quality etc to the OfS when granting degree awarding powers etc).

(3) Where a body has been designated under Schedule 4 to perform the assessment functions, the functions under section 23—

(a) so far as they relate to the assessment of the standards applied to higher education provided by a provider, cease to be exercisable by the OfS, and

(b) otherwise do not cease to be exercisable by the OfS.

(4) The OfS may by notice require a body for the time being designated under Schedule 4 (a “designated body”) to provide the OfS with information which is held by the designated body for the purposes of the performance of any of the assessment functions.

(5) The OfS may give a notice under subsection (4) only in respect of information which is required by the OfS for the purposes of the performance of any of its functions.

(6) A notice under subsection (4) may require the information to be provided—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(7) If a designated body fails to comply with a notice under subsection (4) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the notice in civil proceedings for an injunction.