Higher Education and Research Act 2017

39 Financial support for registered higher education providers

(1) The OfS may make grants, loans or other payments to the governing body of an eligible higher education provider in respect of expenditure incurred, or to be incurred, by the provider or a qualifying connected institution, for the purposes of either or both of the following—

(a) the provision of education by the provider;

(b) the provision of facilities, and the carrying on of other activities, by the provider, which its governing body considers it is necessary or desirable to provide or carry on for the purposes of, or in connection with, education.

(2) The OfS may make grants, loans or other payments to any person in respect of expenditure incurred, or to be incurred, by the person for the purposes of the provision by any person of services for the purposes of, or in connection with, the provision of education by eligible higher education providers receiving financial support under subsection (1).

(3) “Eligible higher education provider” means a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of subsection (1).

(4) “Qualifying connected institution”, in relation to an eligible higher education provider, means a college, school, hall or other institution—

(a) to which the provider’s governing body proposes to pay, with the consent of the OfS, all or some of the payments made to it under subsection (1), and

(b) which the OfS is satisfied has a sufficient connection with the provider for the purposes of that subsection.

(5) “School” has the same meaning as in the Education Act 1996 (see section 4 of that Act) but also includes a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010).

(6) See section 41 regarding the terms and conditions of financial support under this section.