Registration with the OfS

Condition A1

An Approved (fee cap) provider intending to charge fees above the basic amount to qualifying persons on qualifying courses must:

1. Have in force an access and participation plan approved by the OfS in accordance with the Higher Education and Research Act 2017 (HERA).
2. Take all reasonable steps to comply with the provisions of the plan.

Condition A2

An Approved provider or an Approved (fee cap) provider charging fees up to the basic amount to qualifying persons on qualifying courses must:

1. Publish an access and participation statement.
2. Update and re-publish this statement on an annual basis.

Condition B1

The provider must ensure that the students registered on each higher education course receive a high quality academic experience.

For the purposes of this condition, a high quality academic experience includes but is not limited to ensuring all of the following:

a. each higher education course is up-to-date;

b. each higher education course provides educational challenge;

c. each higher education course is coherent;

d. each higher education course is effectively delivered; and

e. each higher education course, as appropriate to the subject matter of the course, requires students to develop relevant skills.

Condition B2

The provider must take all reasonable steps to ensure:

a. each cohort of students registered on each higher education course receives resources and support which are sufficient for the purpose of ensuring:

i. a high quality academic experience for those students; and

ii. those students succeed in and beyond higher education; and

b. effective engagement with each cohort of students which is sufficient for the purpose of ensuring:

i. a high quality academic experience for those students; and

ii. those students succeed in and beyond higher education.

Condition B3

The provider must deliver positive outcomes for students on its higher education courses.

For the purposes of this condition, delivering positive outcomes means that either:

a. in the OfS’s judgement, the outcome data for each of the indicators and split indicators are at or above the relevant numerical thresholds; or

b. to the extent that the provider does not have outcome data for each of the indicators and split indicators that are at or above the relevant numerical thresholds, the OfS otherwise judges that:

i. the provider’s context justifies the outcome data; and/or

ii. this is because the OfS does not hold any data showing the provider’s numerical performance against the indicator or split indicator; and/or

iii. this is because the OfS does hold this data but the data refers to fewer than the minimum number of students.

Condition B4

The provider must ensure that:

a. students are assessed effectively;

b. each assessment is valid and reliable;

c. academic regulations are designed to ensure that relevant awards are credible;

d. subject to paragraph B4.3, in respect of each higher education course, academic regulations are designed to ensure the effective assessment of technical proficiency in the English language in a manner which appropriately reflects the level and content of the applicable higher education course; and

e. relevant awards granted to students are credible at the point of being granted and when compared to those granted previously.

Condition B5

The provider must ensure that, in respect of any relevant awards granted to students who complete a higher education course provided by, or on behalf of, the provider (whether or not the provider is the awarding body):

a. any standards set appropriately reflect any applicable sector-recognised standards; and

b. awards are only granted to students whose knowledge and skills appropriately reflect any applicable sector-recognised standards.

Condition B6

The provider must participate in the Teaching Excellence Framework (TEF).

Condition B7

The new initial condition of registration B7 applies to applications for registration made on or after 1 May 2022. Transitional arrangements will apply to applications for registration which were live at any time between 1 March 2022 and 30 April 2022. The implementation arrangements are set out in this Notice.

Summary: The provider must:

1. have credible plans that would enable the provider, if registered, to comply with conditions B1, B2 and B4 from the date of registration; and
2. have the capacity and resources necessary to deliver, in practice, those plans.

Read the full text for this condition

Condition B8

The new initial condition of registration B8 applies to applications for registration made on or after 1 May 2022. Transitional arrangements will apply to applications for registration which were live at any time between 1 March 2022 and 30 April 2022. The implementation arrangements are set out in this Notice.

Summary: The provider must demonstrate, in a credible manner, that any standards to be set and/or applied in respect of any relevant awards granted to students who complete a higher education course provided by, or on behalf of, the provider (if registered), whether or not the provider is the awarding body, are consistent with any applicable sector-recognised standards.

Read the full text for this condition

Condition C1

The provider must demonstrate that in developing and implementing its policies, procedures and terms and conditions, it has given due regard to relevant guidance about how to comply with consumer protection law.

Condition C2

The provider must:

1. Co-operate with the requirements of the student complaints scheme run by the Office of the Independent Adjudicator for Higher Education, including the subscription requirements.
2. Make students aware of their ability to use the scheme.

Condition C3

The provider must:

1. Have in force and publish a student protection plan which has been approved by the OfS as appropriate for its assessment of the regulatory risk presented by the provider and for the risk to continuation of study of all of its students.
2. Take all reasonable steps to implement the provisions of the plan if the events set out in the plan take place.
3. Inform the OfS of events, except for the closure of an individual course, that require the implementation of the provisions of the plan.

Condition C4

1. The provider must comply with any Student Protection Direction in circumstances where the OfS reasonably considers that there is a material risk that the provider will, or will be required by the operation of law to, fully or substantially cease the provision of higher education in England ('Market Exit Risk').
2. A Student Protection Direction may be varied or revoked (wholly or in part) by express provision in a subsequent Student Protection Direction issued by the OfS in accordance with this condition of registration, and the OfS may otherwise revoke a Student Protection Direction by issuing a notice in writing to the provider.
3. A Student Protection Direction (or, as the case may be, part of a Student Protection Direction) will cease to have effect in accordance with the following provisions:
   
   a. in circumstances where a Student Protection Direction is varied or revoked (wholly or in part) by a subsequent Student Protection Direction, on and from the time and date that the subsequent Student Protection Direction takes effect; or
   
   b. in circumstances where a Student Protection Direction is revoked by a notice in writing, on and from the time and date specified in that notice in writing.
4. Where a Student Protection Direction ceases to have effect at any time (for any reason), that cessation does not in any way affect the ability of the OfS to investigate and/or take any form of regulatory or enforcement action in respect of any non-compliance with that Student Protection Direction (whether or not the non-compliance remains ongoing in nature) which took place during the period that the Student Protection Direction was in effect.

5. For the purposes of this condition:

   'Student Protection Direction' means, irrespective of whether or not an approved student protection plan exists, a direction requiring a provider to:
   
   a. produce a special type of plan setting out Student Protection Measures for approval by the OfS and thereafter implementation by the provider (both in timescales specified in writing by the OfS) (“Market Exit Plan”);
   
   b. instead or in addition to a), put in place and/or implement any Student Protection Measures which are specified in writing by the OfS (in timescales specified in writing by the OfS); and
   
   c. do (or refrain from doing) such other consequential, ancillary or incidental actions, as the OfS considers is reasonably necessary, for ensuring that a Market Exit Plan or Student Protection Measures are put in place and/or implemented in an effective and expedient manner (including, but not limited to, compliance with general ongoing condition of registration C3, publishing information, deploying human resources, and consulting a registered insolvency practitioner on the feasibility of the Market Exit Plan (all in timescales specified in writing by the OfS)).

'Student Protection Measures' means measures (including supporting arrangements and procedures) which the OfS reasonably considers are proportionate in the context of Market Exit Risk and fall within the scope of the following descriptions:

1. Teach out: ensuring students are able to complete their intended course of study and achieve a qualification that could reasonably have been expected, or complete their current academic year or term and receive an exit award or credit to recognise their academic achievement at the provider;
2. Student transfer: ensuring students are able to transfer to another higher education provider to continue and complete their studies, including providing students with appropriate support to understand their options and make an informed choice, and to ensure that administrative arrangements are in place to facilitate such transfers;
3. Exit awards and unit certification: providing students with a formal record of their achievement at a provider;
4. Information, advice and guidance for students: ensuring all students receive effective information, advice, guidance and support in relation to any Market Exit Risk;
5. Complaints: ensuring that robust arrangements are in place for handling and responding to complaints from students;
6. Refunds and compensation:
   
   i. offering students refunds of tuition fees and other costs (for example accommodation costs and other living costs) incurred by students for whom continuation of study has been disrupted as a result of any Market Exit Risk;
   
   ii. offering students compensation to cover any financial costs incurred by students as a result of any Market Exit Risk;
7. Archiving arrangements: ensuring that arrangements are in place to enable students to access evidence of their academic achievements in the future, including arrangements with third parties to store records if necessary.

This condition does not apply to Further Education Bodies (as defined in section 4 of the Technical and Further Education Act 2017).

Condition D

The provider must:

1. Be financially viable.
2. Be financially sustainable.
3. Have the necessary financial resources to provide and fully deliver the higher education courses as it has advertised and as it has contracted to deliver them.
4. Have the necessary financial resources to continue to comply with all conditions of its registration.

Condition E1

The provider's governing documents must uphold the public interest governance principles that are applicable to the provider.

Condition E2

The provider must have in place adequate and effective management and governance arrangements to:

1. Operate in accordance with its governing documents.
2. Deliver, in practice, the public interest governance principles that are applicable to it.
3. Provide and fully deliver the higher education courses advertised.
4. Continue to comply with all conditions of its registration.

Condition E3

The governing body of a provider must:

1. Accept responsibility for the interactions between the provider and the OfS and its designated bodies.
2. Ensure the provider’s compliance with all of its conditions of registration and with the OfS’s accounts direction.
3. Nominate to the OfS a senior officer as the ‘accountable officer’ who has the responsibilities set out by the OfS for an accountable officer from time to time.

Condition E4

The governing body of the provider must notify the OfS of any change of which it becomes aware which affects the accuracy of the information contained in the provider’s entry in the Register.

Condition E5

The provider must comply with guidance published by the OfS to facilitate, in co-operation with electoral registration officers, the electoral registration of students.

Condition F1

The provider must provide to the OfS, and publish, in the manner and form specified by the OfS, the transparency information set out in section 9 of HERA.

Condition F2

The provider must provide to the OfS, and publish, information about its arrangements for a student to transfer.

Condition F3

For the purpose of assisting the OfS in performing any function, or exercising any power, conferred on the OfS under any legislation, the governing body of a provider must:

1. Provide the OfS, or a person nominated by the OfS, with such information as the OfS specifies at the time and in the manner and form specified.
2. Permit the OfS to verify, or arrange for the independent verification by a person nominated by the OfS of such information as the OfS specifies at the time and in the manner specified and must notify the OfS of the outcome of any independent verification at the time and in the manner and form specified.
3. Take such steps as the OfS reasonably requests to co-operate with any monitoring or investigation by the OfS, in particular, but not limited to, providing explanations or making available documents to the OfS or a person nominated by it or making available members of staff to meet with the OfS or a person nominated by it.

Condition F4

For the purposes of the designated data body (DDB)’s duties under sections 64(1) and 65(1) of HERA, the provider must provide the DDB with such information as the DDB specifies at the time and in the manner and form specified by the DDB.

Condition G1

A provider in the Approved (fee cap) category must charge qualifying persons on qualifying courses fees that do not exceed the relevant fee limit determined by the provider’s quality rating and its access and participation plan.

Condition G2

The provider must comply with any terms and conditions attached to financial support received from the OfS and UK Research and Innovation (UKRI) under sections 41(1) and/or 94(2) of HERA. A breach of such terms and conditions will be a breach of this condition of registration.

Condition G3

The provider must pay:

1. Its annual registration fee and other OfS fees in accordance with regulations made by the Secretary of State.
2. The fees charged by the designated bodies.

[1] This condition is applicable to providers in receipt of financial support from either the OfS or from UKRI.