Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Higher education definition

What does Higher education mean? In legal practice, higher education describes post-secondary study and research delivered by universities and other recognised providers, ordinarily leading to a degree or an equivalent qualification. The expression is used across contracts, regulation and litigation, and is also given statutory meaning in specific contexts (for example, the Further and Higher Education Acts and HERA 2017 in England and Wales; the Scottish further and higher education legislation; Northern Ireland education orders; and, in Ireland, the Universities Act 1997 and the 2012 QQI Act). Typical legal markers are: courses at RQF level 4+ (E&W/NI), SCQF level 7+ (Scotland) or NFQ levels 6–10 (Ireland); awards...

Office for Students (England) regulation under HERA 2017: establishment, functions, registration, conditions, monitoring, sanctions and funding

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Practice notes

The Higher education and Research Act 2017 (HERA 2017) marks arguably the most far-reaching statutory shift in scope and effect for UK higher education since 2004. Under HERA 2017, Pt 1, a fresh regulator for higher education (HE) in England, the Office for Students (OfS), is created, alongside arrangements for a new register of providers across the system. Further particulars on the OfS’s constitution and functioning are set out in HERA 2017, Sch 1. HERA 2017, Pt 2 addresses additional education matters, such as student finance, complaints, and the deregulation of HE corporations in England. HERA 2017, Pt 3 deals with research, forming UK Research and Innovation (UKRI) and defining the research and innovation roles of the councils. Expanded legislative detail is provided in HERA 2017, Sch 9. HERA 2017, Pt 4 attends to general provisions, including co-operation and information sharing between the OfS and UKRI, transitional steps, and pre-commencement consultation.

Establishment of the OfS

The OfS is a statutory corporate body created by statute. It is not to be treated as a servant or agent of the Crown, nor as holding any Crown status, immunity or privilege (HERA 2017, Sch 1). The OfS must comprise members appointed by the...

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Kris Robbetts

VWV

Kris is an education lawyer at VWV LLP, undertaking regulatory compliance work within one of the largest education practices in the UK. He has nearly 20 years' experience of advising education institutions nationally on the full range of student and pupil related issues including admissions, discipline, exclusions, complaints, discrimination, fitness to practise, safeguarding, incident management and the impact of legal and regulatory change. Kris acts for a wide range of secondary and tertiary education providers, many of which are internationally renowned. Kris has degrees from Oxford University and University College London and, prior to qualification as a solicitor, undertook graduate study and research as a British Academy (AHRB) scholar....

Web page updated on 25/05/2026

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