Regulatory framework

Securing student success: Regulatory framework for higher education in England


Last updated: 24 November 2022

Condition G3: Payment of OfS and designated body fees

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.

Summary

Applies to: all registered providers.

Initial or general ongoing condition: ongoing condition.

Legal basis: sections 5 and 13 of HERA.

Guidance

511.

‘Annual registration fee’ means the payment required by the OfS under section 70 of HERA.

512.

‘Other OfS fees’ means any payments required by the OfS under section 71 of HERA.

513.

‘Fees charged by the designated bodies’ means the payments required by the DQB under section 28 of HERA and the payments required by the DDB under section 67 of HERA.

514.

The Secretary of State will make regulations in relation to the fees that the OfS may charge. Information about how such fees are calculated will be set out by the OfS in its fee model.

515.

Fees charged by the designated bodies and the arrangements for paying these will be determined by the designated bodies.

516.

In judging whether a provider has paid its annual registration fee and other OfS fees, material that the OfS may consider includes:

  • The provider’s record of paying its fees in full by the deadlines set by the OfS.
517.

In judging whether a provider has paid the fees charged by the designated bodies, material that the OfS may consider includes:

  • Information provided by the DQB or the DDB about the provider’s record of paying its fees in full by the deadlines set.

Assessment

518.

A provider that does not pay any initial registration fee required by the OfS, or any fee required by a designated body to provide advice to the OfS as part of the initial registration process will not be registered. Once a provider is registered, it is required to pay fees to the OfS and to the designated bodies in full and by the published deadlines. A provider that is required to pay fees to the DQB as part of an application for degree awarding powers is required to pay such fees in full before the OfS will make an order to authorise DAPs.

519.

Sanctions for the late payment of fees will be set out by the OfS and by the designated bodies. The OfS may also take account of any failure to pay fees in full or by the published deadlines as a breach of this condition of registration and may use its interventions or sanctions powers in response.

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