Quick guide to the consultation on new registration conditions

Part 2 of our consultation seeks views on a new proposed initial condition of registration, condition E7.

The proposed new initial condition E7 would test the effectiveness of the provider’s governance arrangements.

We are making these proposals because we want to be sure that higher education governance teams have the capacity and skills to navigate an increasingly challenging higher education landscape, so that their students can continue to receive a high quality experience.

Condition E7 would replace the existing initial conditions E1 (public interest governance principles) and E2 (adequate and effective management and governance arrangements).

What are we proposing?

The condition would include five separate but connected tests setting out the elements of what we think constitutes the foundation for effective higher education governance.

1. Governing documents

We are proposing that the provider must submit a set of documents which will enable the effective governance of the provider in practice.

This should include:

• governing body documents
• risk and audit documents
• a conflict of interest policy
• decision making documents
• other documents which contain rules which govern the operation of the provider’s governing body.

2. Business plan

We are proposing that the provider must have a clear and comprehensive business plan for how it will operate over a five year-period.

This should set out:

• details of the provider’s business
• its objectives over the medium term
• its strategy for achieving its objectives
• how it will comply with our ongoing conditions of registration.

3. Knowledge and expertise

We are proposing that key individuals at a provider must have sufficient knowledge and expertise to deliver the provider’s organisational plan and comply with our ongoing conditions of registration.

We would normally assess the knowledge and expertise of these individuals via an interview.

4. Fit and proper persons

We are proposing that relevant individuals at a provider must be ‘fit and proper’ to ensure that:

• the provider is suitable to access and receive public funds
• public trust and confidence in the higher education sector is maintained
• the provider will protect the student interest.

5. Preventing fraud

We are proposing that the provider must have comprehensive arrangements for detecting, preventing and stopping fraud and the inappropriate use of public funds.