Part 1

The Office for Students

Enforcement of ongoing registration conditions

Suspension: procedure
17
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).
S. 17 in force at 1.4.2018 by S.I. 2018/241, reg. 2(b)