Part 1The Office for Students

Enforcement of ongoing registration conditions

I117Suspension: procedure

1

Before suspending a registered higher education provider's registration under section 16, the OfS must notify the governing body of the provider of its intention to do so.

2

The notice must—

a

specify the OfS's reasons for proposing to suspend the registration,

b

specify the proposed excepted purposes and the proposed remedial conditions (if any),

c

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

d

specify the way in which those representations may be made.

3

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

4

The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to suspend its registration.

5

Having decided whether or not to suspend the provider's registration, the OfS must notify the governing body of the provider of its decision.

6

Where the decision is to suspend the provider's registration, the notice must—

a

specify the date on which the suspension takes effect,

b

specify the excepted purposes,

c

specify the remedial conditions (if any), and

d

contain information as to the grounds for the suspension.

7

The OfS may vary the date specified under subsection (6)(a) at any time before that date by notifying the governing body of the provider.

8

Subsections (1) to (7) do not apply where the OfS considers that a suspension should take effect immediately because there is an urgent need to protect public money, including, in particular, payments made under—

a

section 39 or 40 (financial support for providers),

b

section 93 in the exercise of UKRI's power under that section to give financial support, or

c

section 22 of the Teaching and Higher Education Act 1998 (financial support for students).

9

In such a case—

a

the OfS must notify the governing body of the provider of its decision to suspend the provider's registration, and

b

that notice must comply with the requirements of subsection (6).