The Office for Students (Register of English Higher Education Providers) Regulations 2017

Statutory Instruments

2017 No. 1196

Education, England

The Office for Students (Register of English Higher Education Providers) Regulations 2017

Made

30th November 2017

Laid before Parliament

4th December 2017

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by sections 3(6) and 119(5) of the Higher Education and Research Act 2017(1), makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Office for Students (Register of English Higher Education Providers) Regulations 2017.

(2) These Regulations come into force on 1st April 2018, immediately after the full commencement of section 3 of the Act.

(3) In these Regulations, “the Act” means the Higher Education and Research Act 2017.

Information which must be contained in the register of English higher education providers

2.—(1) An institution’s entry in the register of English higher education providers(2) must contain the following information—

(a) the institution’s name, including any trading names or names granted by or by virtue of any Act or Royal Charter;

(b) where the institution’s name includes the word “university”, whether and, if so, when the use of that word—

(i) was authorised by or by virtue of any Act or Royal Charter;

(ii) was consented to or approved under section 77 of the Further and Higher Education Act 1992(3) or section 39 of the Teaching and Higher Education Act 1998;

(c) an address, e-mail address and telephone number at which the institution may be contacted;

(d) an address at which the institution carries on its activities, or which is the institution’s principal place of business or which is otherwise suitable for the service of documents upon the institution;

(e) the address of the principal website maintained by or on behalf of the institution;

(f) if the OfS(4) determines, under section 3(2) of the Act, that the register is to be divided into different parts representing different categories of registration, the category in which the institution is registered;

(g) whether the institution is authorised to grant taught awards or research awards(5) or both by an authorisation—

(i) given or varied under section 42(1) of the Act;

(ii) given by or under any other provision of an Act of Parliament;

(iii) given by Royal Charter;

(iv) varied under section 45(1) of the Act;

(h) if the institution is authorised to grant taught awards or research awards or both by an authorisation referred to in sub-paragraph (g) above—

(i) a description of the taught awards or research awards which it is authorised to grant;

(ii) where the authorisation was given or varied under the Act, the date on which the authorisation, and, where applicable, any variation, takes effect;

(iii) whether the authorisation has effect for an indefinite period; and

(iv) where the authorisation has effect for a limited period only, the period during which it has effect;

(i) whether the institution has entered into validation arrangements;

(j) whether any awards granted by the institution have been designated by the Secretary of State or the OfS under section 214(2)(c) of the Education Reform Act 1988(6);

(k) whether the institution’s ongoing registration conditions include a fee limit condition(7) and, if so, details as to how to access the most recent fee limits in relation to that institution published by the OfS under section 11(1)(b) of the Act; and

(l) whether an access and participation plan(8) in relation to the institution has been approved by the OfS under section 29(3) of the Act and, if so—

(i) the period during which the plan is in force; and

(ii) details as to how to access the plan.

(2) In paragraph (1)(i), “validation arrangements” has the meaning given in section 47(3) of the Act.

Signatory text

Jo Johnson

Minister of State

Department for Education

30th November 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These are the first Regulations to be made under section 3(6) of the Higher Education and Research Act 2017.

Section 3(1) of that Act provides that the Office for Students must establish and maintain a register of English higher education providers. Regulation 2(1) of these Regulations lists the information which must be contained in that register in respect of each institution that is registered.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.

(1)

2017 c. 29.

(2)

Section 83(1) of the Higher Education and Research Act 2017 (“the Act”) defines “higher education provider” and “institution”.

(3)

1992 c. 13. Section 77 was amended by section 40 of the Teaching and Higher Education Act 1998 (c. 30).

(4)

The OfS is established as a body corporate by section 1 of the Act and is defined by reference to that section in section 121 of the Act.

(5)

Section 42(3) of the Act defines “taught award” and “research award”.

(6)

1988 c. 40. Section 214(2)(c) was amended by section 53(4) of the Act.

(7)

“A fee limit condition” has the meaning given in section 10(2) of the Act and is defined by reference to that section in section 85(1) of the Act.

(8)

Section 29(2) of the Act defines “access and participation plan”.