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<p>The criteria for obtaining University Title in England are not legislative, but
are set out in departmental guidance (‘Guidance for higher education providers for
applying for university title and university college title’ is available at <a href="http://www.gov.uk"
target="_blank">www.gov.uk</a>, by searching for its title). These are the same regardless
of whether a provider is publicly funded or not. One of the criteria is having taught
degree-awarding powers. It is therefore not possible to obtain University Title without
having degree-awarding powers.</p><p>If the Secretary of State is satisfied that the
criteria have been met and that a provider’s preferred name is not likely to be confusing,
the next steps will vary depending on the constitution of the organisation and/or
its funding status. In general:</p><p>- Publicly funded higher education providers
can obtain University Title from the Privy Council under either Section 77 of the
Further and Higher Education Act 1992, or Section 39 of the Teaching and Higher Education
Act 1998. This usually takes the form of amendments to the provider’s governing documents
to reflect the new name.</p><p>- Alternative Providers cannot obtain University Title
via the Privy Council, but can instead do so under the Companies Act. The criteria
as set out in the guidance still apply. “University” is a sensitive word under company
law<sup><sup>[1]</sup></sup>, which means permission from the Secretary of State under
the Companies Act 2006, following a non-objection letter from the Department for Education,
is required before it can be used in a business or company name.</p><p>There are limited
circumstances where a business may be permitted to use the word “university” in their
company or business name, without obtaining University Title. For example, a student
union may be given such permission. However, the use of a name in this way does not
convey the status of a university.</p><p> </p><p>[1] Company, Limited Liability Partnerships
and Business Names (Sensitive Words and Expressions) Regulations 2014 (S.I. 2014/3140)</p>
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