This is some of the national legislation relevant to (but not specific to) HE.
Please note it is not an exhaustive list and we need your support to add in content and to ensure the information is correct - please do get in touch with Lisa to share updates, make corrections and suggest additions to the list.
Guidelines from the Institute of Fund Raising
Links with Know Your Customer Banking Regulations
Charities have to safeguard reputation and therefore a due diligence process is legally required.
Along with
Regulations require HEPs to establish internal procedures to prevent the use of their services for money laundering.
Biodiversity Net Gain (BNG) legislation in England came into effect in February 2024. This impacts all developers and local authorities and creates a framework for the ‘trading’ of biodiversity ‘units’, and the mandatory requirement that each development sees at least a Biodiversity Net Gain of 10%. This can be achieved through either onsite improvements, off-site improvements (through trading ‘units’ with another development) or, as a last resort, through the purchasing of units from the government. Any profit made by the government is then to be reinvested in habitat creation.
The new act responds to the Grenfell Disaster and applies to new and existing higher-risk buildings defined as:
These buildings will be subject to a stringent new set of requirements including safety case reports.
The BRES Survey publishes employee and employment estimates at detailed geographical and industrial levels and is regarded as the official source of employee and employment estimates by geography and industry. If sampled by the Office for National Statistics, completion of the survey is mandatory.
The Department for Education mandates that all education organisations in England, including in Further and Higher education, produce a Climate Action Plan by 2025, including a nominated sustainability lead. As well as highlighting governance structures, plans should cover four areas; decarbonisation, adaptation/resilience, biodiversity, and climate education. DfE itself expects to enhance its sustainability-related regulation by this date, although these plans may be altered by a future government.
Sustainability leadership and climate action plans in education - GOV.UK
Along with
Regulations require HEPs to establish internal procedures to prevent the use of their services for money laundering.
Along with
Regulations require HEPs to establish internal procedures to prevent the use of their services for money laundering.
UUK have provided guidance ‘Cyber Security – Managing the Risk (2023 update). This guidance complements Universities UK’s ‘Managing risks in Internationalisation: Security related issues’
Requirement to regulate our digital relationship between individuals and malicious parties. It is enforced directly with the Data Protection Act 2018 and the UK-GDPR, which protect UK residents’ personal data.
HEPs must be transparent with individuals about how their personal data is managed this includes how CCTV is used.
Links with Harassment and Sexual misconduct
IR35 (off-payroll working) Rules
Strikes (Minimum Service Level Act (2023)
Employment Law has seen several changes and updates to employment legislation this year, including increases in statutory sick pay, updated redundancy pay calculations and national minimum wage increases. In addition, off-payroll working rules make sure that a worker (sometimes known as a contractor) pays broadly the same Income Tax and National Insurance as an employee.
ESOS is run by the Environment Agency and is a mandatory (for qualifying companies), four-yearly audit or organisational energy use covering buildings, industrial processes, and transport. Public sector organisations, as well as most universities, are generally exempt, although some providers in England and Wales may be captured depending on their self-declared status. The sector sustainability body EAUC has some guidance on whether a university may be
eligible, but this is not definitive and, if a provider is unsure, legal advice may be required.
Coming into force 1st October 2024. New Regulatory Office for Environmental Protection governing air and water quality, recycling and reduction of plastic waste.
Multiple regulations around, for example:
• Fire and Lift Safety Systems;
• Gas Appliances;
• Electrical Installations;
• Water Management;
• Local Exhaust Ventilation;
• Lifts and Access Equipment, Pressure Systems.
As an exempt charity, a HEP is required to:
Ensure that :
To make sure that a contractor pays broadly the same income tax and national insurance as an employee.
Links with Research Grant probity; Condition of Registration G.2; Research ethics and Concordat
Along with
NHS ethics and Human Research Authority Approval
Medical Device licences (Not C Marked)
ISO 14060 is a family of internationally-defined standards for the quantification, monitoring, validation, and reporting of an organisation’s greenhouse gas emissions and removals to support a low-carbon economy. It is a broad and complex standard that also
includes more niche areas like corporate decision-making, and the involvement in GHG markets, such as the trading of GHG allowances and credits.
Links to
Along with
Regulations require HEPs to establish internal procedures to prevent the use of their services for money laundering.
Understand what activity is undertaken in the foreign territory and understand who is carrying out these activities. If this is not fully understood at the outset the business activity may go on to incur expensive penalties later on individual income tax (IIT), corporation tax and VAT filings.
Links with Research Grant probity; Condition of Registration G.2; Research ethics and Concordat
Links with
Activity & Inspections governed by the Human Tissues Act (2004).
NHS ethics and Human Research Authority Approval
Proposing that rental properties would need an EPC rating of 'C' or above by 2028.
Under section 54 of the Modern Slavery Act 2015, organisations that meet certain criteria are legally required to publish an annual modern slavery statement which sets out the steps an organisation has taken during its financial year to ensure that slavery or human trafficking is not taking place in its business or supply chain.
Export Control Joint Unit/Export Control Act 2002, Export Control Order 2008 (as amended) and Export of Radioactive Sources (Control) Order 2006.
US Controls covered by the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR
Advisory bodies: Research Collaboration Advice Team (RCAT) and Investment Security Unit in BEIS/National Security and Investment Act (2021)
Links with Research Concordat; International Sanctions. ATAS checks Research grants compliance and Condition of Registration G.2
The UK government can scrutinise and intervene in certain acquisitions made by anyone, including businesses and investors, which could harm the UK’s national security. The rules cover qualifying acquisitions of certain entities and assets, known as qualifying entities and assets. The HE sector is bound to abide by this legislation and seek approval from the UK government for transactions specified in the Act’s 17 sensitive areas of the UK economy.
Links with Research Grant probity; Condition of Registration G.2; Research ethics and Concordat
Along with
Activity & Inspections governed by the Human Tissues Act (2004).
Medical Device licences (Not C Marked)
Public bodies in Scotland, which includes all universities, are captured by legislation first published in 2009 (amended 2015, 2020), to mandatorily report on climate change measures, as part of the Scottish Governments plan to meet its 2045 net-zero target. The
initiative is managed through the Sustainable Scotland Network (SSN), from which each bodies’ reports are made available once submitted. Responses from the FE and HE sector are analysed by EAUC.
Related to OfS Condition of registration E1.VI (value for money)
Note: Procurement Bill before Parliament
SECR is a 2018 UK government regulation (applying to England only) that requires corporations to report on Scope 1, 2, and 3 energy usage, based on the Greenhouse Gas protocol (GHG) corporate reporting
5 standard. The regulation does not apply to Higher Education providers, but there is specific advice relating to Further Education corporations, and which encourages the Higher Education sector to comply with its own variant, the HE Standardised Carbon Emissions
Framework (SCEF – see below) produced in 2023, and managed by EAUC.
In 2015 the Financial Services Board (FSB) set up TCFD to recommend how organisations should assess and report on their exposure to climate-related risks. The task force published its recommendations in 2017, and these were subsequently endorsed by the UK
government, who have made TCFD disclosures mandatory for large private sector entities. HEPs classed as ‘Public Interest Entities’ (PIEs) are also included – to qualify they must have an operating income of over £500million. As of 2024 TCFD is now facilitated by the IFRS and are complementary standards.
Note Renters Reform Bill before Parliament
“Managed and controlled” accommodation under the Housing Act 2004 which, among other provisions, introduces a system of licensing for houses in multiple occupation (HMOs). The national authority may “exempt” from the definition of an HMO, for the purposes of licensing, accommodation managed or controlled by higher/further education where the accommodation is used solely by persons for the purpose of undertaking a full-time course. They may be exempted on the basis that each establishment and its buildings so excepted would be managed in conformity with an approved code of practice.
However, all HEPs must make arrangements to publicise the existence of the UUK Code of Practice to potential students in addition to advising students of the Code during the induction process to residential accommodation. All properties must be constructed, altered or refurbished, and maintained, in accordance with the appropriate building, planning and housing legislation. The relevant approval notices and certificates should be available for inspection by prior arrangement.
Legislation requires prohibiting taking, injuring, killing and disturbing.
It is also an offence to disturb places used for shelter and protection.
Provides protections for wild bird nests and eggs, as well as for animal species.
Organisations must proactively take steps to prevent harassment in the work place.
Link with Research Grant probity; Condition of Registration G.2; Research ethics and Concordat
Must comply with appropriate research licences for working with animals.
