Regulatory framework

Securing student success: Regulatory framework for higher education in England


Last updated: 24 November 2022

Glossary

Jump to:

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

A qualification at level 6 of the Framework for Higher Education Qualifications where the number of academic years to be completed is at least one fewer than would normally be the case for that course. A variety of terms is in use for degree qualifications which appear to be accelerated, including ‘fast-track’, ‘two-year’, ‘compressed’, ‘time-compressed’, ‘condensed’ and ‘intensive’.

A plan produced by a provider in the Approved (fee cap) category of the Register. The plan sets out how the provider will sustain or improve access to its provision for students from disadvantaged and underrepresented groups in higher education, and promote success for those students including retention, attainment and employability. Plans must be approved by the Director for Fair Access and Participation.

A statement published by a provider in the Approved category of the Register that sets out the provider’s commitment to access and participation in higher education.

A provider of higher education courses which does not receive direct annual public funding from OfS or higher education funding bodies in the devolved administrations and is not a further education college.

Registration category for providers that wish their students to be able to access the student support system and do not want to be eligible for OfS grant funding and/or to have fee cap obligations.

Registration category for providers that want to be eligible for OfS grant funding in return for a fee cap and, where charging the higher fee amount, an access and participation plan.

B

Expressed in conditions of registration that seek to deliver the OfS’s four primary regulatory objectives, as set out in Part I. Except where they refer to access and participation, they are expressed as outcomes, setting out the minimum level a provider must achieve and demonstrate in order to be registered. With the exception of any condition that expressly provides that it only has effect as an initial condition. all are general ongoing conditions of registration, some are also initial conditions of registration which must be satisfied during application to the register.

C

The CMA is responsible for promoting competition for the benefit of consumers. Its aim is to make markets, including higher education, work well for consumers, businesses and the economy.

‘Conditions’ and ‘conditions of registration’ are general terms used to mean all types of condition that a provider must satisfy in order to be registered. They include:

  • initial conditions of registration, which a provider must satisfy as part of its application to join the Register
  • general ongoing conditions of registration, which a provider must satisfy after it has joined the Register in order to maintain its registered status
  • specific conditions of registration, which are additional conditions imposed by the OfS on a particular provider to mitigate or manage specific risks or weaknesses that it has identified.

D

Facts and figures, both quantitative and qualitative, which can be collected, processed and analysed in order to generate additional information. References to information can be taken to include data as one source of information.

In England degrees must be awarded by a body with degree awarding powers (DAPs). There are three types of degree awarding powers:

  • Foundation degree awarding powers
  • Taught degree awarding powers
  • Research degree awarding powers.

In the context of a subcontractual arrangement, the provider that delivers higher education provision to students on behalf of another higher education provider (the lead provider). The lead provider remains responsible for the students (subject to the effect of any condition of registration).

Removal from the OfS’s Register.

A body that performs the duties set out in sections 64 and 65 of HERA, including data collection, data processing, data storage, data publication and provision. The DDB is designated by the Secretary of State following consultation and a recommendation from the OfS.

A body that carries out the functions set out in sections 23 and 46 of HERA. The DQB is designated by the Secretary of State following consultation and a recommendation from the OfS.

The Director for Fair Access and Participation’s role is to ensure that higher education providers are doing all they can to support underrepresented groups, from widening access, to monitoring retention, attainment and progression from higher education. The DFAP is a member of the OfS board.

E

Efficiency studies are intended to improve the economy, efficiency and effectiveness in the management of a registered provider. Their findings may also inform the OfS’s assessment of risk for that provider. They are intended to ensure that providers are delivering value for money for students and taxpayers, recognising the very significant investment both of these groups make in higher education.

Entering students on a register of electors maintained by an electoral registration officer in England (as appointed under section 8(2) of the Representation of the People Act 1983).

A provider, usually part of a network, operating within or near to the main premises of an HE provider, in partnership or as part of a joint venture, usually delivering pathway courses which prepare students for entry to higher education programmes at that HE provider, or integrated higher education programmes which students complete at that HE provider.

Additional data/information required by the OfS from a provider, or an investigation of specific concerns where a provider is at risk of breaching one or more ongoing condition of registration.

The OfS may, in exceptional circumstances, use its powers of entry and search to investigate suspected serious breaches of a provider’s ongoing conditions of registration, relating to its OfS funding or student support funding.

Equality of opportunity for students from all backgrounds to benefit from access to and participation in the higher education provided by English higher education providers.

A higher education institution established in England with charitable purposes which is exempt from registration with the Charity Commission for England and Wales and subject to oversight by a principal regulator on behalf of the Charity Commission.

Exit the market - see Market exit

F

An upper limit on the tuition fees which a provider in the Approved (fee cap) category of the Register may charge, as prescribed in regulations.

A fit and proper person: (a) is of good character, (b) has the qualifications, competence, skills and experience which are necessary for their role (c) is able by reason of their health, after reasonable adjustments are made, to perform properly the tasks of the office or position for which they are appointed and (d) has not been responsible for, been privy to, contributed to or facilitated any serious misconduct or mismanagement (whether unlawful or not) in their employment or in the conduct of any entity with which they are of have been associated.

Sets out the levels of higher education qualifications, and is illustrated by typical qualifications for that level, for example Higher National Certificates, graduate diplomas, bachelor degrees. Each level includes a descriptor that sets out the generic outcomes and attributes expected for the award of qualifications at that level.

Franchising - see Subcontractual arrangement

G

General ongoing conditions of registration - see Ongoing conditions of registration 

 

Persons responsible for the management of the provider. As defined in section 85 of HERA, this will be any board of governors of the institution or any equivalent controlling body, for example the board of a company, the trustees of a charity, etc.

Documents adopted, or that should have been adopted, by the provider that describe any of the provider’s objectives or values, its powers, who has a role in decision making within the provider, how the provider takes decisions about how to exercise its functions or how it monitors their exercise. This test will be broadly rather than narrowly applied. Where a document in part deals with any such matters, and in part with other matters, the whole of the document is a ‘governing document’.

H

As defined in Schedule 6 of the Education Reform Act 1988.

An organisation that delivers higher education, as defined in Schedule 6 of the Education Reform Act 1988. A provider can be a body with degree awarding powers or deliver higher education on behalf of another awarding body. Unless stated otherwise, in this document ‘provider’ or ‘higher education provider’ refers to a registered higher education provider, as defined in section 83 in HERA.

I

Includes data, along with additional intelligence, evidence and knowledge.

The conditions a provider must satisfy as part of its application to join the Register. For more information, see conditions of registration.

Action by the OfS (including the possibility of imposing sanctions) to address either a breach of conditions of registration by a provider, or an increased risk of a provider breaching its conditions.

L

Indicators constructed from data and information flows, in as near real time as possible, that allow the OfS to anticipate future events.

In the context of a subcontractual arrangement, the lead provider allows another provider, the delivery provider to deliver all, or part, of a programme that is designed, approved and owned by the lead provider. The lead provider retains overall control of the programme’s content, delivery, assessment and quality assurance arrangements.

M

A provider starting to deliver higher education and seeking registration with the OfS.

A provider ceasing to deliver higher education courses. A provider might exit the market deliberately (for example, for strategic reasons) or for other reasons (for example, because of a loss of registration, or financial failure).

The OfS may decide to impose a monetary penalty where a provider has breached one or more ongoing conditions or registration.

N

A provider that at the point of applying to join the OfS’s Register has not previously been regulated by HEFCE or DfE.

O

The OIA’s role is to review individual and group complaints by students against higher education providers, after internal processes have been exhausted, and to promote good practice in handling complaints and appeals.

Conditions of registration that a provider must meet after it has joined the Register in order to maintain its registered status. For more information, see conditions of registration.

P

Powers of Entry and Search - see Entry and search

A higher education institution established in England with charitable purposes which is exempt from registration with by the Charity Commission for England and Wales is subject to oversight by a principal regulator on behalf of the Charity Commission. The OfS undertakes this duty to promote compliance with charity law by these providers.

Unless the context otherwise requires, an English higher education provider as defined in section 83 of HERA. A provider can be a body with degree awarding powers or deliver higher education on behalf of another awarding body.

Section 14(2) of HERA makes provision for the OfS to determine and publish a list of principles applicable to the governance of English higher education providers.

Q

A collective term used to refer to arrangements for ensuring higher education providers meet baseline expectations for academic quality and standards.

R

The risk of the registered provider failing to comply with regulation by the OfS.

An event that requires a provider to notify OfS of material decisions/changes, such as a change in control or borrowing above a certain level.

The process by which the OfS will identify an increased risk that a provider will breach one or more of its conditions of registration and, if necessary, respond to it, in a proportionate manner. It will take two forms: (a) general monitoring, applied to all providers; and (b) enhanced monitoring/engagement for individual providers where an increased risk has been identified or where there is a suspected/actual breach of conditions.

S

The OfS may impose a monetary penalty on, or suspend or deregister, a registered higher education provider where it appears that there is or has been a breach of a provider’s ongoing conditions of registration.

The OfS may decide to impose a specific ongoing condition where it considers that a provider presents a specific risk that is not addressed by a general ongoing condition; to mitigate an increased risk that a provider may breach an ongoing condition of registration; or to prevent or remedy a breach. The specific ongoing condition will be targeted to mitigate the specific risk that is posed and will be focused on actions or activities by the provider that the OfS may require, or prohibit, to ensure that the provider is able to satisfy its ongoing conditions of registration.

Unless the context otherwise requires, the standards set for courses, programmes and modules and expected to be achieved in order for an award to be made.

As set out in the CMA’s guidance ‘UK higher education providers – advice on consumer protection law‘ there are three areas where providers have obligations to students under consumer protection law: information, which must be clear, accurate and timely; terms and conditions of contracts, which must be fair and transparent; organisational complaint handling processes and practices, which must be accessible, clear and fair.

A panel of students and student representatives that assists the OfS to ensure that students’ perspectives are taken into account in all OfS activity.

A plan outlining the actions a provider will take to minimise the impact of any risks to its students’ continuation of study. The plan includes examples of events that might trigger action by the provider, such as the closure of a course, campus or location, the discontinuation of a discipline or market exit. This document must be approved by the OfS, and be readily available to current and potential students.

The government provides financial support for tuition fees and living costs for eligible students who live permanently in England and students from the European Union, who are studying eligible courses in England.

The movement of students between courses and/or providers.

A relationship, based on a formal contract, in which a body with degree awarding powers (the lead provider) allows another provider (the delivery provider) to deliver all, or part, of a programme which has been designed, approved and owned by the degree awarding body. The lead provider or subcontracting provider retains overall control of the programme’s content, delivery, assessment and quality assurance arrangements. Sometimes described as a franchise arrangement.

The OfS may decide to suspend a provider’s registration, in whole or in part, where the provider has breached its ongoing conditions of regulation and action needs to be taken to immediately reduce the impact of this on students or the taxpayer.

T

Teach out may occur when a provider decides to discontinue provision in the longer term, but continues to teach existing students until their course is complete. It may also occur when the OfS deregisters a provider and allows the provider’s existing students to complete their course while continuing to access student support because it is in the students’ interest to do so. Teach out may be one of the measures identified by a provider in its student protection plan.

A scheme for recognising excellent teaching, in addition to existing national quality requirements for providers. It provides information to help prospective students choose where to study.

Also referred to as ‘terms and conditions of grant’ or ‘terms and conditions associated with OfS and/or UKRI funding’. Terms and conditions attached to any funding given to providers by the OfS or UKRI under sections 39, 40 and 93 of the Higher Education and Research Act 2017. For example, grant funding for a particular purpose, such as a research project or a strategic development.

The UK operates a points-based immigration system underpinned by the principle of visa sponsorship. Tier 4 is the immigration category in which a student from outside the European Economic Area (or Switzerland) may be issued a visa to study in the UK.

U

A public body incorporating the seven Research Councils, Innovate UK, and the research and knowledge exchange functions of the Higher Education Funding Council for England (HEFCE).

The word ‘university’ is a protected term, and not all higher education providers are universities. Those providers that wish to use the word in their title must apply for it and meet certain criteria, including holding degree awarding powers.

V

Meeting the need for efficiency, economy, effectiveness and prudence in the administration and expenditure of financial resources.

A validated course is a module or programme which a degree awarding body approves to contribute, or lead, to one of its awards. The validated course is delivered by the provider that designed it and students on the course normally have a direct contractual relationship with that provider and not the validating provider. The validating provider remains responsible for the academic standards of the award granted in its name.

Describe your experience of using this website

Improve experience feedback
* *

Thank you for your feedback