The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019

Document Number:2019 No. 1027
Coming into force:Coming into force on the 01/08/2019
 
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Statutory Instruments

Education

Charities

Made

13 th June 2019

Coming into force

1 st August 2019

The Secretary of State, in exercise of the powers conferred by section 116(1) and (2)(a) of the Higher Education and Research Act 2017(1) , section 24(2) of the Legislative and Regulatory Reform Act 2006(2) , and section 23(1) of the Charities Act 2011(3) , makes the following Regulations.

In so far as Part 4 of this instrument makes provision to secure that, in so far as they are charities, institutions of a particular description become exempt charities, the Secretary of State is satisfied, in accordance with section 23(2) of the Charities Act 2011 , that Part 4 of this instrument is desirable in the interests of ensuring appropriate or effective regulation of the charities concerned in connection with compliance by the charity trustees of the charities with their legal obligations in exercising control and management of the administration of the charities.

In accordance with section 24(6) of the Legislative and Regulatory Reform Act 2006 , the Secretary of State has consulted the persons whose functions are specified in the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(4) under Part 5 of this instrument and such other persons as the Secretary of State considered appropriate.

In accordance with section 119(2) of the Higher Education and Research Act 2017 , section 24(9) of the Legislative and Regulatory Reform Act 2006 , and section 349(1)(a) and (2) of the Charities Act 2011 , a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

PART 1 Introductory provision

Citation and commencement

  1. These Regulations may be cited as the Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 and come into force on 1 st August 2019.

    PART 2 Consequential amendments to primary legislation

    Employment and Training Act 1973

  2. —(1) Section 8(4) of the Employment and Training Act 1973(5) (duty of Secretary of State to ensure provision of careers services for school and college students) is amended as follows.

    (2) Before paragraph (a) , insert—

    “(za) as respects England, as references to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017 , other than a provider which is also an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992 ,”.

    (3) In paragraph (a) , omit “England and”.

    Education Reform Act 1988

  3. —(1) Section 135 of the Education Reform Act 1988(6) (inspection of accounts) is amended as follows.

    (2) In subsection (1)(7)—

    (a) in paragraph (b) , at the end, omit “or”;

    (b) at the end of paragraph (c) , insert—

    “or

    (d) any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;”.

    (3) In subsection (2)(8)—

    (a) for “subsection (1)(a) or (c)”, substitute “subsection (1)(a) , (c) or (d)”;

    (b) after “Further and Higher Education Act 1992”, insert “or section 39 or 97 of the Higher Education and Research Act 2017”.

    Further and Higher Education Act 1992

  4. In section 91 of the Further and Higher Education Act 1992(9) (interpretation of Education Acts)—

    (a) in subsection (5)(10) —

    (i) before paragraph (a) , insert—

    “(za) registered higher education providers of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017 ,”;

    (ii) in paragraph (b) , after “institutions”, insert “in Wales”;

    (b) after subsection (5) , insert—

    “(5 ZA) (5 ZA) For the purposes of subsection (5)(b) , the reference to institutions in Wales is to be read in accordance with section 62(7).”.

    Value Added Tax Act 1994

  5. In Schedule 9 to the Value Added Tax Act 1994(11) (exemptions) , in Part 2 (the groups) , in Group 6 (education) , under the heading “Notes”, in note (1)(c)(i)(12) , after “section 91(5)”, insert “(za) , ”.

    Education Act 1994

  6. —(1) Section 21 of the Education Act 1994(13) (establishments to which Part II applies) is amended as follows.

    (2) In subsection (1)—

    (a) before paragraph (a) , insert—

    “(za) any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;”;

    (b) in paragraph (b) , after “institution”, insert “in Wales”.

    (3) After subsection (2) , insert—

    “(2 A) For the purposes of subsection (1)(b) , institution in Wales has the meaning given by section 62(7) of the Further and Higher Education Act 1992.”.

    Education Act 1996

  7. —(1) The Education Act 1996(14) is amended as follows.

    (2) In section 4 (schools: general)(15)—

    (a) in subsection (1) , after “and the”, insert “wider”;

    (b) for subsection (4) , substitute—

    “(4) For the purposes of this Act an institution is outside the wider higher education sector if —

    (a) in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017 , or

    (b) in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

    and references to institutions within the wider higher education sector are to be construed accordingly.”.

    (3) In section 508 F (local authorities in England: provision of transport etc for adult learners)(16)—

    (a) in subsection (3)(17) , for “and higher education sectors”, substitute “education sector and the wider higher education sector”;

    (b) in subsection (7) , for “and higher education sectors”, substitute “education sector and the wider higher education sector”.

    (4) In section 580 (index)(18) , in the entry “institution outside (or within) the higher education sector”, before “higher”, insert “wider”.

    Education Act 2002

  8. —(1) The Education Act 2002(19) is amended as follows.

    (2) In section 14 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or children etc) , in subsection (3) , for the definition of “teacher”, substitute—

    ““teacher” does not include a teacher at an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017 , the institution is also an institution within the further education sector.”.

    (3) In section 16 (terms on which assistance under section 14 is given) , in subsection (2 A)(20)—

    (a) in paragraph (a)—

    (i) after “within the”, insert “wider”;

    (ii) after “sector”, insert “unless the institution is also an institution within the further education sector,”;

    (b) in paragraph (b) , for “such an institution”, substitute “an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017 , the institution is also an institution within the further education sector”.

    Income Tax (Earnings and Pensions) Act 2003

  9. In section 457(1) of the Income Tax (Earnings and Pensions) Act 2003(21) (meaning of research institution) , for paragraph (a) , substitute—

    “(a) any university or other institution receiving a grant (including a recurrent grant towards its costs) , loan, financial support, financial assistance, financial resources or payment under—

    (i) section 65 of the Further and Higher Education Act 1992 ,

    (ii) regulations made under section 485 of the Education Act 1996 ,

    (iii) section 34 of the Learning and Skills Act 2000 ,

    (iv) section 14 of the Education Act 2002 ,

    (v) section 86 of the Education Act 2005 ,

    (vi) section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 , or

    (vii) section 39 or 97 of the Higher Education and Research Act 2017 ,

    (aa) any institution maintained by a local authority in England or Wales in the exercise of their further and higher education functions,

    (ab) any institution within the higher education sector for the purposes of the Further and Higher Education (Scotland) Act 1992 ,

    (ac) any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 ,

    (ad) any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 ,

    (ae) the Queen’s University of Belfast or the University of Ulster,

    (af) a college of education in Northern Ireland within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) , or

    (ag) any institution providing in Northern Ireland further education as defined in Article 3 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) , or”.

    Licensing Act 2003

  10. In section 16(3) of the Licensing Act 2003(22) (applicant for premises licence) , in the definition of “educational institution”—

    (a) in paragraph (a)—

    (i) omit “or higher”;

    (ii) at the end, omit “or”;

    (b) after paragraph (a) , insert—

    “(aa) an institution within the...

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