division_name: Higher Education and Research Bill - <i>Report (2nd Day)</i>
motion: <p class="italic" pid="c1390.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1390.1/2" pwmotiontext="unrecognized">74: Clause 27, page 17, line 14, after &#8220;are&#8221; insert &#8220;&#8212;(a) &#8221;</p>
  
  <p class="italic" pid="c1396.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1396.1/2" pwmotiontext="unrecognized">75: Clause 27, page 17, line 14, at end insert &#8220;, and(b) the functions of the relevant body under section (Grant, variation or revocation of authorisation: advice on quality etc)(advice on quality etc to the OfS when granting degree awarding powers etc).&#8221;</p>
  
  <p class="italic" pid="c1396.1/3" pwmotiontext="unrecognized">76: Clause 27, page 17, line 16, after second &#8220;functions&#8221; insert &#8220;under section 24 &#8221;</p>
  
  <p class="italic" pid="c1396.1/4" pwmotiontext="unrecognized">77: Clause 27, page 17, line 16, leave out &#8220;do not cease to be exercisable by the OfS&#8221; and insert &#8220;&#8212;(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.&#8221;</p>
  
  <p class="italic" pid="c1396.1/5" pwmotiontext="unrecognized">78: Clause 27, page 17, line 19, after second &#8220;of&#8221; insert &#8220;any of&#8221;</p>
  
  <p class="italic" pid="c1396.3/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1396.3/2" pwmotiontext="unrecognized">79: Schedule 4, page 86, line 32, at end insert&#8212;  &#8220;( ) the Secretary of State is satisfied that the designated body is failing to perform in an effective manner its functions under section (Grant, variation or revocation of authorisation: advice on quality etc), or&#8221;</p>
  
  <p class="italic" pid="c1396.3/3" pwmotiontext="unrecognized">80: Schedule 4, page 88, line 13, after &#8220;protect&#8221; insert &#8220;&#8212;(a) &#8221;</p>
  
  <p class="italic" pid="c1396.3/4" pwmotiontext="unrecognized">81: Schedule 4, page 88, line 14, at end insert &#8220;, and(b) the designated body&#8217;s ability to make, or make arrangements for, an impartial assessment of the quality of, and the standards applied to, higher education provided by a provider.&#8221;</p>
  
  <p class="italic" pid="c1396.3/5" pwmotiontext="unrecognized">82: Schedule 4, page 88, leave out line 37</p>
  
  <p class="italic" pid="c1397.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1397.1/2" pwmotiontext="unrecognized">83: Clause 28, page 17, line 34, leave out from &#8220;body&#8221; to &#8220;may&#8221; in line 35</p>
  
  <p class="italic" pid="c1397.1/3" pwmotiontext="unrecognized">84: Clause 28, page 17, line 38, after &#8220;standards)&#8221; insert &#8220;, or section (Grant, variation or revocation of authorisation: advice on quality etc)(advice on quality etc to the OfS when granting degree awarding powers etc),&#8221;</p>
  
  <p class="italic" pid="c1397.1/4" pwmotiontext="unrecognized">85: Clause 28, page 18, line 8, after &#8220;24(1)&#8221; insert &#8220;or (Grant, variation or revocation of authorisation: advice on quality etc)&#8221;</p>
  
  <p class="italic" pid="c1397.1/5" pwmotiontext="unrecognized">86: Clause 28, page 18, line 12, leave out &#8220;section 24(1)&#8221; and insert &#8220;sections 24(1) and (Grant, variation or revocation of authorisation: advice on quality etc)&#8221;</p>
  
  <p class="italic" pid="c1397.3/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1397.3/2" pwmotiontext="unrecognized">89: Clause 31, page 19, line 26, leave out &#8220;applicable&#8221;</p>
  
  <p class="italic" pid="c1397.3/3" pwmotiontext="unrecognized">90: Clause 31, page 19, line 28, leave out &#8220;applicable&#8221;</p>
  
  <p class="italic" pid="c1397.3/4" pwmotiontext="unrecognized">91: Clause 31, page 19, line 28, leave out &#8220;in relation to an institution&#8221;</p>
  
  <p class="italic" pid="c1397.3/5" pwmotiontext="unrecognized">92: Clause 31, page 19, line 30, leave out &#8220;applicable to that institution&#8221;</p>
  
  <p class="italic" pid="c1398.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1398.1/2" pwmotiontext="unrecognized">99: Clause 36, page 21, line 32, at end insert&#8212;&#8220;( ) In performing those functions, subsection (1) applies instead of section 3(1)(za) (duty of OfS to have regard to the need to protect institutional autonomy) in relation to the freedoms mentioned in subsection (7)(b) and (c) of that section.&#8221;</p>
  
  <p class="italic" pid="c1398.3/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1398.3/2" pwmotiontext="unrecognized">100: After Clause 37, insert the following new Clause&#8212;&#8220;Duty to monitor etc the provision of arrangements for student transfers(1) The OfS&#8212;(a) must monitor the availability of schemes or other arrangements provided by registered higher education providers for student transfers and the extent to which those arrangements are utilised by students generally or students of a particular description,(b) must include in its annual report a summary of conclusions drawn by it, for the financial year to which the report relates, from its monitoring under paragraph (a), and(c) may facilitate, encourage, or promote awareness of, the provision of arrangements by registered higher education providers for student transfers.(2) For the purposes of this section, &#8220;a student transfer&#8221; is where&#8212;(a) a student transfers from a higher education course (&#8220;course X&#8221;) provided by a UK higher education provider (&#8220;the transferring provider&#8221;) to a different higher education course (&#8220;course Y&#8221;) provided by the same or a different UK higher education provider (&#8220;the receiving provider&#8221;),(b) the receiving provider recognises, or takes account of, the study undertaken, or a level of achievement attained, by the student&#8212;(i) on course X, or(ii) on another higher education course provided by the transferring provider,when the receiving provider is determining the study to be undertaken, or the level of achievement attained, by the student on course Y, and(c) either the transferring provider or the receiving provider is a registered higher education provider, or both are registered higher education providers.(3) For the purposes of subsection (2), there may be an interval between the student ceasing to undertake course X and starting to undertake course Y.(4) The duty under subsection (1)(a) may be discharged by the OfS monitoring as described in that provision&#8212;(a) arrangements for student transfers provided by all registered higher education providers or a particular description of such provider;(b) all such arrangements for student transfers or a particular description of such arrangement or student transfer.(5) In this section&#8212;&#8220;annual report&#8221; means the annual report under paragraph 13 of Schedule 1;   &#8220;financial year&#8221; has the same meaning as in that Schedule (see paragraph 12(6));&#8220;higher education course&#8221;&#8212;(a) in the case of a provider in England or Wales, has the meaning given in section 79 (1);(b) in the case of a provider in Scotland, means a course falling within section 38 of the Further and Higher Education (Scotland) Act 1992;(c) in the case of a provider in Northern Ireland, means a course of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));&#8220;UK higher education provider&#8221; means an English higher education provider or a higher education provider in Wales, Scotland or Northern Ireland.(6) For the purposes of applying the definition of &#8220;higher education provider&#8221; in section 79 (1) to the reference in the definition of &#8220;UK higher education provider&#8221; in subsection (5) to a higher education provider in Wales, Scotland or Northern Ireland, the reference to &#8220;higher education&#8221; in the definition of &#8220;higher education provider&#8221; in section 79 (1)&#8212;(a) in the case of an institution in Wales, has the meaning given in section 79 (1);(b) in the case of an institution in Scotland, has the same meaning as in section 38 of the Further and Higher Education (Scotland) Act 1992;(c) in the case of an institution in Northern Ireland, has the same meaning as in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).&#8221;</p>
  
  <p class="italic" pid="c1399.2/1" pwmotiontext="unrecognized">Moved by Lord Willis of Knaresborough</p>
  
  <p class="italic" pid="c1399.2/2" pwmotiontext="unrecognized">100A: After Clause 37, in subsection (1)(c), leave out &#8220;may&#8221; and insert &#8220;must&#8221;</p>
  
  <p class="italic" pid="c1403.1/1" pwmotiontext="unrecognized">Moved by Lord Young of Cookham</p>
  
  <p class="italic" pid="c1403.1/2" pwmotiontext="unrecognized">101: Clause 38, page 22, line 11, leave out &#8220;or by another eligible higher education provider&#8221;</p>
  
  <p class="italic" pid="c1403.4/1" pwmotiontext="unrecognized">Moved by Lord Young of Cookham</p>
  
  <p class="italic" pid="c1403.4/2" pwmotiontext="unrecognized">102: Clause 38, page 22, line 14, leave out &#8220;or by another eligible higher education provider,&#8221;</p>
  
  <p class="italic" pid="c1403.6/1" pwmotiontext="unrecognized">Moved by Baroness Wolf of Dulwich</p>
  
  <p class="italic" pid="c1403.6/2" pwmotiontext="unrecognized">104: Clause 41, page 24, line 11, leave out paragraph (a)</p>
  
  <p class="italic" pid="c1404.3/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1404.3/2" pwmotiontext="unrecognized">105: Clause 41, page 25, line 2, at end insert&#8212;&#8220;( ) See sections 42, 43 and (Grant, variation or revocation of authorisation: advice on quality etc) which make further provision about orders under subsection (1).&#8221;</p>
  
  <p class="italic" pid="c1405.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1405.1/2" pwmotiontext="unrecognized">107: Clause 43, page 25, line 30, at end insert&#8212;&#8220;( ) The OfS may make such an order revoking an authorisation given to a provider only if condition A, B or C is satisfied.&#8221;</p>
  
  <p class="italic" pid="c1408.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1408.1/2" pwmotiontext="unrecognized">108: Clause 43, page 25, line 31, leave out from beginning to &#8220;if&#8221; and insert &#8220;Condition A is satisfied&#8221;</p>
  
  <p class="italic" pid="c1408.1/3" pwmotiontext="unrecognized">109: Clause 43, page 25, line 32, at end insert&#8212;&#8220;(4) Condition B is satisfied if&#8212;(a) the OfS has concerns regarding the quality of, or the standards applied to, higher education which has been or is being provided by the provider, and(b) it appears to the OfS that those concerns are so serious that&#8212;(i) its powers by a further order under section 41(1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and(ii) it is appropriate to revoke the authorisation.(5) Condition C is satisfied if&#8212;(a) due to a change in circumstances since the authorisation was given, the OfS has concerns regarding the quality of, or the standards applied to, higher education which will be provided by the provider, and(b) it appears to the OfS that those concerns are so serious that&#8212;(i) its powers by a further order under section 41(1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and(ii) it is appropriate to revoke the authorisation.(6) Where there are one or more sector-recognised standards, for the purposes of subsections (4)(a) and (5)(a)&#8212; (a) the OfS&#8217;s concerns regarding the standards applied must be concerns regarding the standards applied in respect of matters for which there are sector-recognised standards, and(b) those concerns must be regarding those standards as assessed against sector-recognised standards.&#8221;</p>
  
  <p class="italic" pid="c1408.1/4" pwmotiontext="unrecognized">110: Clause 43, page 25, line 32, at end insert&#8212;&#8220;( ) See sections (Grant, variation or revocation of authorisation: advice on quality etc) and 45 which make further provision about further orders under section 41 (1).&#8221;</p>
  
  <p class="italic" pid="c1409.1/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1409.1/2" pwmotiontext="unrecognized">111: Clause 44, page 25, line 35, leave out &#8220;or an English further education provider&#8221;</p>
  
  <p class="italic" pid="c1409.1/3" pwmotiontext="unrecognized">112: Clause 44, page 26, line 8, at end insert&#8212;&#8220;( ) The OfS may make an order under subsection (1) revoking an authorisation given to a provider only if condition A, B or C is satisfied.&#8221;</p>
  
  <p class="italic" pid="c1409.1/4" pwmotiontext="unrecognized">113: Clause 44, page 26, line 9, leave out from beginning to &#8220;if&#8221; in line 10 and insert &#8220;Condition A is satisfied&#8221;</p>
  
  <p class="italic" pid="c1409.1/5" pwmotiontext="unrecognized">114: Clause 44, page 26, line 10, at end insert&#8212;&#8220;(5A) Condition B is satisfied if&#8212;(a) the OfS has concerns regarding the quality of, or the standards applied to, higher education which has been or is being provided by the provider, and(b) it appears to the OfS that those concerns are so serious that&#8212;(i) its powers by an order under subsection (1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and(ii) it is appropriate to revoke the authorisation.(5B) Condition C is satisfied if&#8212;(a) due to a change in circumstances since the authorisation was given, the OfS has concerns regarding the quality of, or the standards applied to, higher education which will be provided by the provider, and(b) it appears to the OfS that those concerns are so serious that&#8212;(i) its powers by an order under subsection (1) to vary the authorisation are insufficient to deal with the concerns (whether or not they have been exercised in relation to the provider), and(ii) it is appropriate to revoke the authorisation.(5C) Where there are one or more sector-recognised standards, for the purposes of subsections (5A)(a) and (5B)(a)&#8212;(a) the OfS&#8217;s concerns regarding the standards applied must be concerns regarding the standards applied in respect of matters for which there are sector-recognised standards, and(b) those concerns must be regarding those standards as assessed against sector-recognised standards.&#8221;</p>
  
  <p class="italic" pid="c1409.1/6" pwmotiontext="unrecognized">115: Clause 44, page 26, line 18, at end insert&#8212;&#8220;( ) See sections (Grant, variation or revocation of authorisation: advice on quality etc) and 45 which make further provision about orders under subsection (1).&#8221;</p>
  
  <p class="italic" pid="c1409.3/1" pwmotiontext="unrecognized">Moved by Viscount Younger of Leckie</p>
  
  <p class="italic" pid="c1409.3/2" pwmotiontext="unrecognized">116: After Clause 44, insert the following new Clause&#8212;&#8220;Grant, variation or revocation of authorisation: advice on quality etc(1) The OfS must request advice from the relevant body regarding the quality of, or the standards applied to, higher education provided by a provider before making&#8212;  (a) an order under section 41(1) authorising the provider to grant taught awards or research awards,(b) a further order under section 41(1)&#8212;(i) varying an authorisation given to the provider by a previous order under section 41(1), or(ii) revoking such an authorisation on the ground that condition B in section 43(4) is satisfied, or(c) an order under section 44(1)&#8212;(i) varying an authorisation given to the provider, as described in that provision, to grant taught awards or research awards, or(ii) revoking such an authorisation on the ground that condition B in section 44(5A) is satisfied.(2) In this section &#8220;the relevant body&#8221; means&#8212;(a) the designated assessment body, or(b) if there is no such body, a committee which the OfS must establish under paragraph 8 of Schedule 1 for the purpose of performing the functions of the relevant body under this section.(3) Where the OfS requests advice under subsection (1), the relevant body must provide it.(4) The advice provided by the relevant body must be informed by the views of persons who (between them) have experience of&#8212;(a) providing higher education on behalf of, or being responsible for the provision of higher education by&#8212;(i) an English higher education provider which is neither authorised to grant taught awards nor authorised to grant research awards,(ii) an English further education provider, and(iii) an English higher education provider which is within neither sub-paragraph (i) nor sub-paragraph (ii),(b) representing or promoting the interests of individual students, or students generally, on higher education courses provided by higher education providers,(c) employing graduates of higher education courses provided by higher education providers,(d) research into science, technology, humanities or new ideas, and(e) encouraging competition in industry or another sector of society.(5) Where the order authorises the provider to grant research awards or varies or revokes such an authorisation, the advice provided by the relevant body must also be informed by the views of UKRI.(6) Subsections (4) and (5) do not prevent the advice given by the relevant body also being informed by the views of others.(7) The OfS must have regard to advice provided to it by the relevant body under subsection (3) in deciding whether to make the order. (8) But that does not prevent the OfS having regard to advice from others regarding quality or standards.(9) Where the order varies or revokes an authorisation, the advice under subsection (1) may be requested before or after the governing body of the provider is notified under section 45 of the OfS&#8217;s intention to make the order.(10) Where there are one or more sector-recognised standards, for the purposes subsections (1) and (8)&#8212;(a) the advice regarding the standards applied must be advice regarding the standards applied in respect of matters for which there are sector-recognised standards, and  (b) that advice must be regarding those standards as assessed against sector-recognised standards.(11) In this section&#8212;&#8220;designated assessment body&#8221; means a body for the time being designated under Schedule 4;&#8220;humanities&#8221; and &#8220;science&#8221; have the same meaning as in Part 3 (see section 107).&#8221;</p>
  
  <p class="italic" pid="c1411.2/1" pwmotiontext="unrecognized">Moved by Baroness Wolf of Dulwich</p>
  
  <p class="italic" pid="c1411.2/2" pwmotiontext="unrecognized">116A: After Clause 44, at end insert&#8212;&#8220;( ) The OfS must not authorise a provider unless&#8212;(a) the provider has been established for a minimum of four years with satisfactory validation arrangements in place, or(b) the Quality Assessment Committee is assured that the provider is fully able to maintain the required standard expected for the granting of a United Kingdom degree for the duration of the authorisation, and may therefore be authorised to grant taught awards or research awards or both, and has reported to the Secretary of State; andthe OfS is assured that the provider operated in the public interest and in the interest of students.( ) In this section the &#8220;Quality Assessment Committee&#8221; is the Committee established under section 25 and &#8220;validation arrangements&#8221; has the same meaning as in section 47(4).&#8221;</p>
  
  <p pid="c1411.3/5" pwmotiontext="yes">Ayes 201, Noes 186.</p>