Higher Education and Research Act 2017, Section 74 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)The Secretary of State may make grants to the OfS of such amounts, and subject to such terms and conditions, as the Secretary of State considers appropriate.
(2)The terms and conditions under subsection (1) may, in particular, be framed by reference to particular courses of study.
(3)But in determining the terms and conditions under subsection (1), the Secretary of State must have regard to the need to protect the institutional autonomy of English higher education providers.
(4)The terms and conditions under subsection (1) must not relate to—
(a)particular parts of courses of study,
(b)the content of such courses,
(c)the manner in which they are taught, supervised or assessed,
(d)the criteria for the selection, appointment or dismissal of academic staff, or how they are applied, or
(e)the criteria for the admission of students, or how they are applied.
(5)Terms and conditions under subsection (1) framed by reference to a particular course of study must not require the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study.
(6)Terms and conditions under subsection (1) relating to the provision of financial support by the OfS under section 39 or 40 (financial support for providers) may be imposed only if—
(a)they are requirements to be met before financial support of a specified amount or of a specified description is given by the OfS in respect of activities carried on by an institution, and
(b)they apply to every institution, or every institution within a specified description, in respect of whose activities that support may be provided.
(7)The terms and conditions under subsection (1) may, in particular—
(a)enable the Secretary of State to require the repayment, in whole or in part, of sums paid by the Secretary of State if any of the terms and conditions subject to which the sums were paid is not complied with, and
(b)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
(8)In this section “specified” means specified in the terms and conditions.
Commencement Information
I1S. 74 in force at 1.1.2019 by S.I. 2018/1226, reg. 2(e)
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