Section 39: Unauthorised use of "university" in title of educational institution, etc.

Teaching and Higher Education Act 1998 · 1998 c. 30View on legislation.gov.uk

Part IV: Miscellaneous and general

A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word "university" unless the inclusion of that word in that name is—

authorised by or by virtue of any Act or Royal Charter, or
approved by the Office for Students for the purposes of this section.

A relevant institution in ... Wales shall not, when making available (or offering to make available) educational services, do so under a name which includes the word "university" unless the inclusion of that word in that name is—

authorised by or by virtue of any Act or Royal Charter, or
approved by the Privy Council for the purposes of this section.

A person carrying on a relevant institution in England or a relevant institution in Wales shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word "university" unless the inclusion of that word in that name is authorised or approved as mentioned in subsection (A1) or (1).

Subsection (A1), (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.

For the purposes of subsection (A1), (1) or (2) the inclusion of the word "university" in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to—

the affiliation or association of other institutions to the university, or
the accreditation by the university of educational services provided by other institutions.

In approving the inclusion of the word "university" in any name for the purposes of this section the Office for Students and the Privy Council shall have regard to the need to avoid names which are or may be confusing.

In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.

Before giving guidance under subsection (5A), the Secretary of State must consult—

bodies representing the interests of English higher education providers,
bodies representing the interests of students on higher education courses provided by English higher education providers, and
such other persons as the Secretary of State considers appropriate.

The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word "university" in the name in question may be authorised by virtue of any other Act or any Royal Charter.

But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word "university" in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006.

Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.

The Privy Council's power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word "university" in the name in question may be authorised by virtue of any other Act or any Royal Charter.

For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.