Here are some of the sector specific legislation and conditions of registration for Higher Education Providers.
Please note it is not an exhaustive list and we need your support to add in content and to ensure the information is correct - please do get in touch with Lisa to share updates, make corrections and suggest additions to the list.
From January 2024, there will be restrictions on the ability for international students to bring family members on all but post-graduate research routes and banning people from using a student visa as a backdoor route to work in the UK.
Establish a credit-based method for calculating the maximum level of tuition fees HEPs can charge students for HE courses and modules. The Act will also create the new concept of ‘course years’ which would be the period of 12 months from the first day of the month in which the course begins to replace ‘academic years’
Conditions of Registration
Two public interest principles are
a) academic freedom and
b) The governing body takes such steps as are reasonably practicable to ensure that freedom of speech within the law is secured.
The governing body receives and tests assurance that academic governance is adequate and effective through explicit protocols with the Senate/Academic Board (or equivalent).
Condition of Registration A.I and related to B.2, B.3 (student support and success) F.3, G.1 & G.2
Skills and Post 16 Act (2022)
OfS Regulatory Priority for 2023
Legally binding agreement with the OfS. Higher Fees are dependent upon compliance with the APP.
The OfS is expected to set expectations for an increase in the “quality and volume” of evaluation within institutions as part of updated Access and Participation Plans.
The HEP operates openly, honestly, accountably and with integrity and demonstrates the values appropriate to be recognised as an English higher education provider.
Note: this now includes Investigation fees.
HEPs must pay the annual registration fee (and other OfS fees) and other fees to designated bodies.
HEPs must comply with consumer protection law in developing and implementing policies, procedures, terms and conditions. The CMA have issued new regulations for HEPs containing obligations including To comply HEPs must provide prospective students with information on the courses offered; their structure and the fees/costs. This should be given before they make a decision about which courses and HE providers to apply to. Compliance with the regulations applies to application; offer making and enrolment stage.
Links with Open Access Policy.
Comply with terms and conditions attached to financial support received from the OfS and UK Research and Innovation (UKRI) A breach would be considered a breach of condition of registration.
Operate comprehensive corporate risk management and control arrangements to ensure sustainability of operations and compliance with conditions of registration.
For the purposes of the designated data body (DDB)’s duties under HERA, HEPs must provide the DDB with such information as the DDB specifies at the time and in the manner and form specified by the DDB.
Adequate and effective management and governance arrangements are in place to:
Facilitate the electoral registration of students.
The governing body takes such steps as are reasonably practicable to ensure that freedom of speech within the law is secured within the provider.
Universities UK have provided a briefing setting out how higher education providers can prepare for the Higher Education (Freedom of Speech) Act, covering issues to consider when updating codes of practice, and implications for governance. https://www.universitiesuk.ac.uk/what-we-do/policy-and-research/publications/how-can-universities-prepare-higher
Note: how this Law interacts with the proposed Economic Activities of Public Bodies (Overseas Matters) Bill will be interesting.
The governing body must accept responsibility for the:
The size, composition, diversity, skills mix, and terms of office of the governing body is appropriate for the nature, scale and complexity of the provider.
Members of the governing body, those with senior management responsibilities, and individuals exercising control or significant influence over the provider, are fit and proper.
There must be at least one external member who is independent of the provider, and whose term of office is normally limited to a maximum of three terms of three years or two terms of four years. For providers with large governing bodies, or more complex legal forms, additional independent members may be appropriate.
UUK Code on tackling sexual misconduct in higher education
The OfS published guidance in Autumn 2023 setting out how higher education providers will document how they tackle harassment and sexual misconduct; maintain capacity and resource to comply with the condition; ensure work in this area is consistent with freedom of speech principles and keep a register of staff-student relationships or ban them outright.
Skills and Post 16 Act (2022)
OfS Regulatory Priority 2023
Ensure that students receive a high quality academic experience including that each course is up to date; provides educational challenge; is coherent; effectively delivered and that students gain relevant skills.
In October 2022, the OfS introduced thresholds which set minimum expectations for the proportion of students on higher education courses who continue on their course (80%), graduate (75%), and go on to further study or find a professional job (60%).
OfS Regulatory priority for 2023
Students are assessed effectively and that assessment is valid and reliable with each award credible at the point of being granted. Sector recognised standards are adhered to (e.g. Institute of Physics; General Medical Council etc). Also included here is the requirement to retain students’ assessed work for 5 years to ensure ‘valid and reliable assessments supporting credible qualifications’.
OfS Regulatory Priority 2023
Ensure that each student receives resources that is fit for purpose and ensure a higher quality experience
OfS Regulatory priority 2023
for all of its students, which are recognised and valued by employers, and/or enable further study
B Conditions of Registration
Where degree awarding powers are solely contained in the provider’s governing documents, and no order either under section 76 of the Further and Higher Education Act 1992, or under HERA exists, the provisions setting out those powers must be retained and may not be altered without the consent of the OfS.
The governing body must assist the OfS in performing any function, or exercising any power, conferred on the OfS under any legislation, the governing body of a provider must provide the OfS with information (or permit the verification of information) at the time, in the manner and form specified.
The governing body ensures that there are adequate and effective arrangements in place to ensure public funds are managed appropriately, in line with the conditions of grant and the principles of regularity, propriety and value for money, and to protect the interests of taxpayers and other stakeholders. This also applies to any funds passed to another entity for the provision of facilities or learning and teaching, or for research.
The governing body must notify the OfS of any change of which it becomes aware which affects the accuracy of the information contained in the provider’s entry in the Register.
In addition to the internal process, co-operate with the student complaints scheme run by the Office of the Independent Adjudicator and make students aware of the Scheme.
The governing body ensures that all students have opportunities to engage with the governance of the provider, and that this allows for a range of perspectives to have influence.
Publish a plan and take all reasonable steps to implement that plan in the event of the closure of a course or institution.
