Part 1The Office for Students

Powers to grant degrees etc

I151Validation by the OfS

1

If (having regard to advice from the OfS) the Secretary of State considers it necessary or expedient, the Secretary of State may by regulations—

a

authorise the OfS to enter into validation arrangements, and

b

require the OfS to offer to do so with—

i

registered higher education providers generally, or

ii

such registered higher education providers as are specified in the regulations or are of a description so specified.

2

Regulations under subsection (1) may authorise the OfS to enter into validation arrangements in respect of—

a

all taught awards, or

b

such taught awards as are specified in the regulations or are of a description so specified.

3

Regulations under subsection (1) may require the OfS to offer to enter into validation arrangements subject to conditions specified in the regulations.

4

Regulations under subsection (1) may include power for the OfS to authorise authorised registered higher education providers to enter on its behalf into—

a

all the validation arrangements that the OfS is authorised to enter into by the regulations, or

b

such of those validation arrangements as are specified in the regulations or are of a description so specified.

5

But regulations under subsection (1) may not include power for the OfS to authorise a provider to enter on its behalf into validation arrangements which are—

a

arrangements in respect of taught awards that the provider is not authorised to grant, or

b

arrangements that the provider is not authorised to enter into.

6

Regulations under subsection (1) may include power for the OfS to deprive a person of a taught award granted by or on behalf of the OfS under validation arrangements.

7

In this section, “validation arrangements” means arrangements between the OfS and a registered higher education provider under which the OfS—

a

grants a taught award to a person who is a student at the provider, or

b

authorises the provider to grant a taught award on behalf of the OfS.

8

In this section, “authorised”, in relation to a registered higher education provider, means authorised to grant taught awards, and to enter into validation arrangements, by—

a

an authorisation given—

i

under section 42(1),

ii

by or under any other provision of an Act of Parliament, or

iii

by Royal Charter, or

b

an authorisation varied under section 45(1).

9

Validation arrangements may provide for—

a

the grant of a taught award by the OfS, or

b

the authorisation to grant a taught award on behalf of the OfS,

to be subject to such conditions as the OfS considers appropriate.