Securing student success: Regulatory framework for higher education in England
Last updated: 24 November 2022
Condition E3: The governing body of a provider must:
- Accept responsibility for the interactions between the provider and the OfS and its designated bodies.
- Ensure the provider’s compliance with all of its conditions of registration and with the OfS’s accounts direction.
- 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.
Summary
Applies to: all registered providers.
Initial or general ongoing condition: ongoing condition.
Legal basis: section 5 of HERA.
Guidance
‘Governing body’ has the meaning given by section 85 of HERA.
‘Accounts direction’ means the document that the OfS publishes from time to time to set out its requirements for the content and publication of a provider’s audited financial statements. The accounts direction will include, but not be limited to, the disclosures that the OfS requires in relation to:
Senior staff pay in all registered providers.
Those providers that are exempt charities.
‘Accountable officer’ means a senior officer at the provider, who should normally be the head of the provider, vice-chancellor, principal, chief executive or equivalent. An accountable officer who is not the most senior officer of the provider would only be accepted where the OfS considers that there is sufficient reason for this, for example, if the provider has a number of activities not all of which are related to its higher education provision, and there is a senior officer who is not the overall CEO but is responsible for the higher education activities.
In judging whether a provider’s governing body accepts responsibility for its the interactions between the provider and the OfS, material that the OfS may consider includes:
The substance of the provider’s interaction with the OfS and its designated bodies.
The substance of decisions and actions taken by the provider.
Whether the provider’s interactions with the OfS and its designated bodies are open and honest.
In judging whether a provider’s governing body ensures the provider’s compliance with all of its conditions of registration, material that the OfS may consider includes:
Any breaches of the provider’s conditions of registration.
The actions taken by the provider to mitigate an increased risk of a breach of conditions of registration.
The substance of the provider’s responses to the OfS’s regulatory requirements.
In judging whether a provider’s governing body nominates to the OfS, a senior officer as the ‘accountable officer’ who shall be accountable to the OfS on behalf of the governing body, material that the OfS may consider includes:
The individual nominated as the accountable officer and their suitability.
The way in which the accountable officer discharges their responsibilities.
Whether the governing body promptly informs the OfS of any reasons that the nominated accountable officer is unable to discharge their responsibilities.
Whether the governing body promptly informs the OfS of a change of accountable officer.
As part of its initial application for registration, the governing body of a provider must provide the OfS with the name, job title, and contact details of the individual it wishes to nominate as its accountable officer. If this individual is acceptable to the OfS, the OfS will write to that individual setting out the responsibilities of an accountable officer. The governing body must subsequently inform the OfS of a proposed change in the provider’s accountable officer.
Where the OfS is not satisfied with the way in which the accountable officer is discharging their responsibilities, it may impose a specific condition of registration requiring the governing body to appoint a more suitable individual as accountable officer.
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