Securing student success: Regulatory framework for higher education in England

Condition A1

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

Have in force an access and participation plan approved by the OfS in accordance with the Higher Education and Research Act 2017 (HERA).

Take all reasonable steps to comply with the provisions of the plan.

Initial and ongoing

✓

(higher fee limit)

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:

Publish an access and participation statement.

Update and re-publish this statement on an annual basis.

Initial and ongoing

✓

(lower fee limit)

✓

Condition B1

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

Initial and ongoing

✓

✓

Condition B2

The provider must take all reasonable steps to ensure:

1. 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
2. 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.

Initial and ongoing

✓

✓

Condition B3

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

Initial and ongoing

✓

✓

Condition B4

The provider must ensure that:

1. students are assessed effectively;
2. each assessment is valid and reliable;
3. academic regulations are designed to ensure that relevant awards are credible;
4. 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
5. relevant awards granted to students are credible at the point of being granted and when compared to those granted previously.

Initial and ongoing

✓

✓

Condition B5

The provider must ensure that, in respect of any relevant awards granted to students:

1. any standards set appropriately reflect any applicable sector-recognised standards; and
2. awards are only granted to students whose knowledge and skills appropriately reflect any applicable sector-recognised standards.

Initial and ongoing

Condition B6

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

Ongoing

✓

✓

Condition B7

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.

Initial

✓

✓

Condition B8

The provider must demonstrate 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, appropriately reflect any applicable sector-recognised standards.

Initial

✓

✓

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.

Initial and ongoing

✓

✓

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.

Ongoing

✓

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.

Initial and ongoing

✓

Condition C4

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').

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

Ongoing

✓

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.

Initial and ongoing

✓

Condition E1

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

Initial and ongoing

✓

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.

Initial and ongoing

✓

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.

Ongoing

✓

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.

Ongoing

✓

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.

Ongoing

✓

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.

Ongoing

✓

Condition F2

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

Ongoing

✓

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.

The requirements in paragraphs (ii) and (iii) do not affect the generality of the requirement in paragraph (i).

Ongoing

✓

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.

Ongoing

✓

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.

Ongoing

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.

Ongoing

✓

✓²⁴

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.

Ongoing

✓