A (leading) question is asked in the consultation, namely whether respondents agree that the Privy Council is retained as an independent element in the process for awarding, renewing and removing degree awarding powers and university title. That would accord with the Privy Council's role in approving certain changes to the constitutions of universities which are deemed to be in the public interest, notwithstanding the agenda in recent years to enable universities to have more freedom over their own internal constitutions.

However, some might say that this demonstrates that there is not a level playing field between existing universities and alternative providers which, in many cases, have a greater freedom to change their internal constitutions. In considering these issues, it is important to note that it is proposed that BIS is to step out of the process (currently it advises the Privy Council) and for HEFCE to play a more central role.