Proposals for reforms to OfS registration requirements

50. Our initial view is that it would be appropriate to implement these proposals as soon as possible after any decisions are made to introduce them.
51. Our proposal is to adopt the following timetable. This timetable is subject to change and the outcome of the consultation:
    1. The consultation closes on 23 April 2025.
    2. We aim to publish our decisions about whether to adopt these proposals, with or without amendment, in August 2025.
    3. We aim to implement the majority of these proposals in this consultation (with or without amendments) at the same time i.e. the proposals would come into force at the same time as decisions are published.
    4. To smooth the transition for providers, we currently intend to delay implementing Proposal 5 in Part 3 of the consultation. This proposes that a provider could not apply for registration where it has had a previous application rejected within the past 18 months. This proposal would instead take effect for registration applications received on or after 1 January 2026. We discuss the reasons for this in more detail in Part 3, Proposal 5.
52. We propose that in August 2025, when the OfS publishes its decisions following this consultation, the following would happen:
    1. We would take a decision about the new initial conditions of registration which would mean that:
       1. The new initial conditions C5 and E7 and associated guidance would come into effect.
       2. Existing initial conditions C1, C3, E1 and E2 and associated guidance would cease to be in effect.
       3. We would change how condition C3 applies. It would not apply for any provider registered on the basis of an application assessed against new initial condition C5.
       4. We would make consequential changes to the regulatory framework to add new initial conditions C5 and E7, and their associated guidance.
    2. We would decide to establish certain requirements for an application for registration with the OfS which would mean that:
       1. The new requirements for a registration application would come into effect. This excludes Proposal 5 in Part 3 of our consultation, which would prevent a provider from reapplying within 18 months of receiving a final decision by the OfS to refuse registration on the basis of a previous application.
       2. We would make consequential changes to the guidance for registration (Regulatory advice 3) and some of its annexes.
       3. We would make consequential changes to the guidance for providers about the financial information to submit with a registration application.
53. We propose that Proposal 5 in Part 3 of the consultation would come into effect on 1 January 2026. This means that a provider could not submit a registration application within 18 months of receiving a final decision by the OfS to refuse registration on the basis of a previous application, where the previous application was also made on or after 1 January 2026.
54. In December 2024 we announced that we will not accept new applications for registration for a temporary period, to refocus our resources on the financial pressures facing the sector. We expect to reopen for new applications in August 2025. The effect of this is that, if we implement the proposals set out in this consultation, the changes would apply to all applications for registration that have not yet been submitted. Providers seeking registration could submit applications under any newly adopted requirements from August 2025.
55. We have considered whether this is reasonable given the current pause. Our initial view is that the changes we are proposing are important in ensuring that only well-prepared providers can register with the OfS. Given the risks to students and taxpayers that could arise if providers are not appropriately managed and governed and do not treat their students fairly, we consider that it would be appropriate for these new tests (if implemented) to apply with immediate effect from the date of decision. If we had not already had a pause in registration applications in place, we would have been likely to consider a pause in registration applications during the period of this consultation while we consulted on these proposals to strengthen the way we assess providers at the point of registration. We want to help providers that are ready to apply when we reopen for new applications in August 2025. So, we are proposing some transitional measures, as set out in paragraphs 61-64.

New applications for registration

56. We propose that the new initial conditions C5 and E7 would apply to any new application for registration, including any application for registration in a different category of the OfS Register, made after publication of our decisions following this consultation.
57. We propose that the proposals relating to requirements for a registration application from a provider not currently registered with the OfS (described in Part 3 of the consultation) would apply as follows:
    1. Proposals 1-4 of Part 3, relating to requirements for a registration application, would apply to any new application made after publication of our decisions following this consultation.
    2. Proposal 5 of Part 3, relating to the fixed-term resubmission restriction for registration refusal, would apply to any new application made on or after 1 January 2026, where the application on the basis of which the OfS made the final decision to refuse registration was also made on or after 1 January 2026.
58. The proposals relating to the requirements for a registration application would not apply to any application by a registered provider for registration in a different category of the OfS Register. We propose instead to establish the application requirements for applications to change category of registration by issuing a bespoke section 3(5) notice to any relevant provider. This is discussed in more detail in each of the proposals in Part 3 of this consultation.

Existing applications for registration

59. We propose that the proposals in this consultation would not generally apply to any application for registration made before the date that we publish our decisions following this consultation. This includes applications that we are currently assessing or that are currently paused.
60. We consider on an ongoing basis whether the initial or ongoing conditions applied to any individual provider are proportionate to the regulatory risk posed by that provider. This means that if we identified particular regulatory risks posed by a provider, including a provider with an application currently paused, we may consider whether to apply either or both of the proposed new initial conditions, or parts of these conditions, to that provider. If we proposed to do this, we would consult on an individual basis with the provider affected.

61. If we decide to adopt the proposals in this consultation (with or without amendments), providers will need time to understand and comply with any new requirements before they submit an application. If we decide to adopt the proposals, we therefore anticipate holding engagement events for providers from August 2025. These will help them to understand any new requirements introduced following the consultation, and prepare registration applications that will meet these requirements.
62. We recognise that because we temporarily stopped accepting new registration applications in December 2024, there may be some providers that have prepared applications according to our existing requirements and that may have been ready to apply for registration immediately in August 2025.
63. We encourage any provider in this position to contact us to discuss how we could facilitate its application. Once the temporary pause on accepting new registration applications has ended, we may for example exceptionally allow a provider to submit information relevant to any application requirements that have not changed, for example an access and participation plan, quality plan, financial tables and audited accounts. We could begin our assessment of these and set a later deadline for the submission of the information required to assess new initial conditions C5 and E7 and financial scenario modelling. These arrangements could be set out in a bespoke section 3(5) notice issued to a provider to confirm the information it needed to submit with its registration application and the deadlines for submission.
64. Operating in this bespoke way for all new registration applications would be complex and likely to cause increased inefficiency and delay, rather than improving efficiency. We would therefore consider these types of arrangements only for a provider that, other than in respect of any new requirements, had a substantively complete registration application prepared and was ready for the assessment process, and where we had capacity to start looking at that application. We would set out the likely sequencing and timeline for a provider’s assessment and any associated risks. We would also seek the provider’s confirmation that it had understood and agreed to these before proceeding.

65. We considered whether to delay the adoption of any new requirements until a few months after the publication of our final decisions following this consultation. As we propose to start accepting new registration applications in August 2025, this would, in practice, mean accepting new applications according to existing requirements for a couple of months, then switching to any new requirements adopted following this consultation later.
66. Our initial view is that this would delay us in achieving the regulatory objectives we set out in this consultation and would lead to added complexity for the OfS in managing different cohorts of applications. Should we adopt new requirements following this consultation, we will wish to focus our resources on engaging with providers about new requirements and embedding an effective system for assessing providers against them as quickly as possible.