Higher Education and Research Act 2017

The Higher Education and Research Act 2017 (HERA 2017) introduced the most significant reforms to higher education in England since the Further and Higher Education Act 1992. The Act established the Office for Students (OfS) as the independent regulator of higher education, replacing the Higher Education Funding Council for England (HEFCE) and the Office for Fair Access (OFFA). The Act established the UK Research and Innovation (UKRI) body, bringing together the seven Research Councils, Innovate UK, and the regulatory functions of HEFCE. The Act also introduced the Teaching Excellence and Student Outcomes Framework (TEF), enabling higher education providers to be assessed on the quality of teaching and to increase fees in line with inflation. The Act created a new, single route to degree awarding powers and university title.

Legal area: Education law governs the provision of education, including the structure of the education system, school admissions, curriculum requirements, and the rights of students and parents.

Citation: Higher Education and Research Act 2017 (2017 c 29)

Full text: https://www.legislation.gov.uk/ukpga/2017/29

Key Provisions

• Part 1: The Office for Students (OfS) established as regulator
• Section 2: OfS primary duty to promote quality and greater choice
• Part 3: UK Research and Innovation (UKRI) established
• Part 4: Higher education sector regulation (degree awarding powers, university title)
• Schedule 6: Teaching Excellence and Student Outcomes Framework (TEF)
• Part 5: Access and participation (equality of opportunity)

Significance

HERA 2017 created the modern regulatory architecture for English higher education. The OfS regulates quality, competition, and consumer protection in higher education. UKRI unified research and innovation funding under a single body for the first time. The Act’s deregulation of degree awarding powers and university title increased market entry. The Act was controversial, with critics arguing it treated higher education as a market and increased ministerial control over universities. The Act has been amended by the Higher Education (Freedom of Speech) Act 2023, which introduced a new free speech duty for universities.