Higher Education and Research Act 2017

Registration conditions

5 The initial and general ongoing registration conditions

(1) The OfS must determine and publish—

(a) the initial registration conditions, and

(b) the general ongoing registration conditions.

(2) Different conditions may be determined—

(a) for different descriptions of provider;

(b) for registration in different parts of the register.

(3) The OfS may revise the conditions.

(4) If the OfS revises the conditions, it must publish them as revised.

(5) Before determining or revising the conditions, the OfS must, if it appears to it appropriate to do so, consult bodies representing the interests of English higher education providers which appear to the OfS to be concerned.

(6) The OfS may, at the time of an institution’s registration or later, decide that a particular general ongoing registration condition is not applicable to it.

(7) Where the decision is made after the institution’s registration, the OfS must notify the governing body of the institution of its decision.

6 The specific ongoing registration conditions

(1) The OfS may, at the time of an institution’s registration or later, impose such conditions on its registration as the OfS may determine (“the specific ongoing registration conditions”).

(2) The OfS may at any time vary or remove a specific ongoing registration condition.

(3) Before—

(a) varying or removing a specific ongoing registration condition on an institution’s registration, or

(b) imposing a new specific ongoing registration condition on its registration,

the OfS must notify the governing body of the institution of its intention to do so.

(4) The notice must—

(a) specify the OfS’s reasons for proposing to take the step in question,

(b) specify the period during which the governing body of the institution may make representations about the proposal (“the specified period”), and

(c) specify the way in which those representations may be made.

(5) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(6) The OfS must have regard to any representations made by the governing body of the institution during the specified period in deciding whether to take the step in question.

(7) Having decided whether or not to take the step in question, the OfS must notify the governing body of the institution of its decision.

(8) If the OfS decides to vary or remove a specific ongoing registration condition or impose a new specific ongoing registration condition, the notice must—

(a) specify the condition (as varied), the condition being removed or the new condition (as the case may be), and

(b) specify the date when the variation, removal or imposition takes effect.

(9) For the purposes of this section, a specific ongoing registration condition is “new” if it is imposed otherwise than at the time of the institution’s registration.

7 Proportionate conditions

(1) The OfS must ensure that the initial registration conditions applicable to an institution and its ongoing registration conditions are proportionate to the OfS’s assessment of the regulatory risk posed by the institution.

(2) “Regulatory risk” means the risk of the institution, when it is registered, failing to comply with regulation by the OfS.

(3) In light of its duty under subsection (1), the OfS must keep the initial registration conditions applicable to an institution and its ongoing registration conditions under review.