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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

18De-registration by the OfS

This section has no associated Explanatory Notes

(1)The OfS must remove a registered higher education provider from the register if the OfS becomes aware that the provider no longer is, or intends to become, an English higher education provider.

(2)The OfS may remove a registered higher education provider from the register if condition A or B is satisfied.

(3)Condition A is satisfied if—

(a)the OfS has previously exercised its powers under section 15 (monetary penalties) or section 16 (suspension) in relation to breach of one of the provider’s ongoing registration conditions, and

(b)it appears to the OfS that—

(i)there is again a breach, or a continuing breach, of that condition, or

(ii)there is or has been a breach of a different one of the provider’s ongoing registration conditions.

(4)Condition B is satisfied if it appears to the OfS that—

(a)there is or has been a breach of one of the provider’s ongoing registration conditions, and

(b)its powers under sections 15 and 16 are insufficient to deal with the breach (whether or not they have been, are being or are to be, exercised in relation to it).

(5)The OfS may make transitional or saving provision in connection with the removal of a provider from the register under this section.

(6)That provision may include treating the provider as a registered higher education provider for such purposes as the OfS may specify.

(7)The OfS must—

(a)maintain a list of providers removed from the register under this section,

(b)include in that list the details of any provision made under subsection (5), and

(c)make the list publicly available by such means as it considers appropriate.

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