Transfer schemes

Higher Education and Research Bill – in a Public Bill Committee at 4:00 pm on 18 October 2016.

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Photo of Jo Johnson Jo Johnson Minister of State (Department for Education) (Universities and Science) (Joint with the Department for Business, Energy and Industrial Strategy), Minister of State (Department for Business, Energy and Industrial Strategy) (Universities and Science) (Joint with the Department for Education) 4:00, 18 October 2016

I beg to move amendment 270, in schedule 10, page 98, line 13, after “means” insert “the Secretary of State or”.

This amendment enables the Secretary of State to be a “permitted transferor” for the purposes of a property transfer scheme or staff transfer scheme made under Schedule 10.

With this it will be convenient to discuss Government amendment 271.

Photo of Jo Johnson Jo Johnson Minister of State (Department for Education) (Universities and Science) (Joint with the Department for Business, Energy and Industrial Strategy), Minister of State (Department for Business, Energy and Industrial Strategy) (Universities and Science) (Joint with the Department for Education)

These amendments provide additional, complementary powers to those already in the Bill, to enable an orderly and efficient transfer of staff, property and assets. We have reflected further on the Bill’s provisions as we prepare for transition, and the amendments are intended to help make the transition planning more straightforward.

Amendment 270 empowers the Secretary of State to be a permitted transferor alongside HEFCE, OFFA, Innovate UK and the research councils. That will mean, for example, that when the Department for Education stops regulating what are currently known as alternative providers and the OFS becomes responsible for regulating all providers, there will be an option to transfer DFE resources to the OFS to support that where appropriate.

Amendment 271 creates a standard provision consistent with precedent transfer scheme powers in other legislation, such as the Public Bodies Act 2011. It enables modifications to be made to transfer schemes so that the changes have effect as if they had been in place at the original date of the scheme. That is the most efficient way to enable tidying-up exercises where, for example, the destination or arrangements relating to staff or assets might for legitimate reasons be reassessed during the transition process.

Amendment 270 agreed to.

Amendment made: 271, in schedule 10, page 99, line 14, leave out from “provide” to end of line 15 and insert—

“(a) for the scheme to be modified by agreement after it comes into effect, and

(b) for any such modifications to have effect from the date when the original scheme comes into effect.”—

This amendment makes it clear that modifications to a property transfer scheme or staff transfer scheme under Schedule 10 can be made so as to have effect from the date on which the scheme came into effect.

Schedule 10, as amended, agreed to.

Clause 105