Changes to our approach

Frequently asked questions

Questions about the phase two consultation outcomes

I want to register my provider with the OfS. What do the outcomes of the phase two consultation mean for my application?

The initial conditions of registration B7 and B8 apply to applications for registration made on or after 1 May 2022. Transitional arrangements apply to applications for registration which were live at any time between 1 March 2022 and 30 April 2022. The implementation arrangements are set out in our Notice of determination of initial and general ongoing conditions of registration.

The two initial conditions of registration, B7 and B8, better reflect the situation of a provider applying for registration that may not previously have delivered higher education.

These initial conditions of registration make it clearer what we expect of a provider applying for registration and make it easier for it to demonstrate that it has credible plans to deliver high quality higher education.  

How do the revised ongoing conditions B1, B2 and B4 relate to TEF awards?

The ongoing conditions B1, B2, B4 and B5, which are in effect from 1 May 2022, set out minimum requirements relating to quality and standards that all providers must meet in order to stay registered with the OfS.

The purpose of the Teaching Excellence and Student Outcomes Framework (TEF) is to incentivise and recognise excellence in learning and teaching above these minimum requirements.

The OfS recently consulted on the future approach to the TEF.

Our intention is that the revised conditions and future approach to TEF will act together to ensure that all providers meet at least the minimum requirements, and are incentivised to provide more than that for their students.

How do revised ongoing conditions B1, B2, B4 and B5 relate to the regulation of access and participation?

Our regulatory approach continues to be designed to ensure that our regulation of quality and standards, and access and participation, are mutually reinforcing for the benefit of students.

Ongoing conditions B1, B2, B4 and B5, which are in effect from 1 May 2022, set out the minimum requirements to which all students are entitled. We also expect higher education providers to reduce and eventually close gaps between underrepresented students and other students in terms of access to and successful outcomes within and beyond higher education.

We do these two things together because we do not accept that students from underrepresented groups should be expected to accept lower quality than other students.

Do revised ongoing conditions B1, B2 and B4 represent a change to the way the OfS regulates quality in digital or remote provision?

Higher education courses that are delivered either digitally or remotely by registered providers, as well as face-to-face, continue to fall within the scope of our regulation.

The minimum requirements set out in our revised conditions of registration apply to physical or digital learning resources.

This does not create a requirement that a course must be delivered digitally, but ensures that students have the necessary resources and support however a course is delivered.

Do revised ongoing conditions of registration B1, B2, B4 and B5 mean a change to current arrangements for the assessment of providers by the OfS?

The guidance that accompanies revised ongoing conditions B1, B2, B4 and B5 sets out a more targeted approach to information gathering and investigation for registered providers where we identify compliance concerns. Where we have a concern about the quality of courses, under the revised conditions we may ask the designated quality body, or another appropriate body, to gather further information for us to help us reach a decision about whether we should take further regulatory action.

The designated quality body in England is the Quality Assurance Agency. As set out in the Higher Education and Research Act 2017 (HERA), we are required to seek the views of the designated quality body before we make a judgement about compliance with any condition that relates to standards (condition B5).

Will providers see clearer rules relating to quality as a result of the revisions to ongoing conditions of registration B1, B2 and B4, for example, regarding what quality should look like in practice?

The revised conditions, which are in effect from 1 May 2022, provide increased clarity about our minimum requirements for quality. We have also published guidance to support the interpretation of these conditions.

The revised conditions and guidance are published as an amendment to our regulatory framework.

We aim to regulate in a way that gives providers the freedom to innovate and pursue excellence above our minimum requirements as they see fit. This is why we take a predominantly principles-based approach.

So, rather than setting out narrow requirements of providers, we have expressed our minimum requirements for quality in a principles-based way that providers should then apply to their own context. We are also interested in the outcomes for students, such as how effective the academic support that is put in place actually is, rather than the policies and procedures that providers use to deliver those outcomes for students.

This approach reflects the diverse nature of the sector we regulate and the flexibility it allows will enable providers to maintain and strengthen the sector’s international reputation for innovation and excellence in higher education.

Do the changes to the regulatory framework change the process to apply for degree awarding powers (DAPs) or for use of university title?

The changes to conditions which came into effect on 1 May 2022 do not alter the criteria or process for DAPs or university title that is set out in the regulatory framework.

Some providers apply to be authorised for new degree awarding powers (New DAPs) at the same time as applying for registration. In these circumstances, we are able to ask the designated quality body to provide separate information that would allow the OfS to determine whether new initial condition B8 is satisfied at the same time as the New DAPs test for the provider. We expect this to streamline the process and reduce the burden of overlapping scrutiny for providers.

HERA and the regulatory framework say that, where we have concerns about quality and standards, we are able to vary or revoke a provider’s authorisation for degree awarding powers, or revoke a provider’s authorisation to use ‘university’ in its title. Our revised guidance that accompanies the revised conditions is clear that where we find a breach or where we have imposed a specific condition in relation to ongoing conditions of registration B1, B2, B4 or B5, that may be relevant for a provider’s eligibility for new or extended DAPs or for university title.

What are the implications of the outcomes of the phase two consultation for the UK Quality Code for Higher Education?

The UK Quality Code for Higher Education is not part of the OfS’s regulatory requirements.

A provider is free to choose to use the Quality Code if it wishes, provided that doing so does not conflict with the requirements in our conditions of registration. We expect high quality providers to take advantage of the opportunity our approach creates to dismantle complex internal processes that may have accreted as a consequence of seeking to comply with the UK Quality Code.

How will the revised ongoing conditions B1, B2, B4 and B5 be implemented?

The revised ongoing conditions of registration B1, B2, B4 and B5 came into effect for registered providers on 1 May 2022.

This date was set to provide a period before the introduction of the revised conditions to allow providers time to familiarise themselves with the new requirements and make any necessary changes.

The date chosen also recognises the interests of students in the OfS being able to take prompt regulatory action under the revised conditions where we consider this appropriate. We think it is in the interests of students to impose conditions that bring clarity and enable us to take action where that is appropriate as soon as possible.

We acknowledge that the amended requirements may mean that some providers need to make changes to some areas of their provision, and, where relevant, we have taken this into account in providing an additional period before we would normally expect to initiate investigations.

We intend to pick a number of themes for potential investigation every year, but we have determined that we will not actively investigate TNE courses or the obligations of awarding bodies for courses delivered under partnership arrangements until May 2023. We will also not seek to actively investigate assessment of English language proficiency until October 2022. This will allow providers time to review their practices and take any necessary actions to ensure compliance. However, we would be able to take enforcement action if there was evidence of a significant concern in any of these areas.

How will an approach to setting quality requirements that enable a lot of variation in providers’ internal quality assurance arrangements provide public confidence in the quality of higher education?

Our approach to regulation is predominantly principles- and outcomes-based. In revised ongoing conditions B1, B2, B4 and B5 have not said what procedures and policies should be used by a provider to design and deliver high quality courses.

We are interested in those aspects of the quality and standards of courses for which we have set minimum requirements in the revised conditions, because we think these are the things that matter to students.

The higher education sector in England is complex and diverse, and we do not consider it would be helpful to prescribe narrow rules for providers to adhere to.

In particular, we do not want to push providers to adopt a specific approach to the way they design and deliver higher education courses as this would inhibit innovation.

However, with our revised conditions in place, students and the general public will be able to have confidence that the courses, academic support and learning resources offered by registered providers at least meet minimum requirements for quality and standards.

How will the outcomes of the phase two consultation avoid extra burden on providers where provision is regulated, accredited or inspected by other bodies such as the ESFA, Ofqual, Ofsted or professional, regulatory and statutory bodies?

We have set out our views on duplication of regulatory burden of this kind, and the burden on providers more generally, in paragraphs 395-409 of our analysis and decision document for our phase two consultation.

Our principles-based approach is inherently flexible. It gives providers scope to maximise the opportunity to meet our requirements in an efficient way that aligns with the arrangements they need to meet the expectations of other regulators or other bodies such as professional, regulatory or statutory bodies. The intervention factors set out in our regulatory framework also require us to consider, before determining whether to intervene with a provider, any action taken by another regulator to remedy the increased risk or breach. We are more likely to intervene where an increased risk or a breach is not being addressed by another regulator’s actions.

In our phase two analysis and decision document, paragraphs 315-318, 478-81, we set out our intention to work with ESFA and other bodies to coordinate and reduce duplication of oversight where we can.

What are the implications of the revised conditions for transnational courses?

When we refer to transnational education (TNE), we mean higher education that is delivered by English providers in a country other than the UK. Our revised ongoing conditions of registration B1, B2, B4 and B5 will apply to all higher education courses provided by registered providers, including courses delivered overseas, regardless of whether those courses are provided by the English provider alone, or in partnership.

In paragraphs 421-433 of the analysis and decision document for our phase two consultation we set out our intentions to work with stakeholders within the UK and across the world to build understanding of our approach. We have also indicated that we do not expect to make TNE courses a focus of our regulatory activities before May 2023 so that providers have time to review their practices and take any necessary actions to ensure compliance with our revised conditions.

I have already applied / am about to apply to register my provider with the OfS. What do the phase two outcomes mean in practice for my application?

On 2 March 2022 the OfS published its intention to implement two new initial conditions of registration, B7 and B8, as well as four new ongoing conditions of registration.

Revised ongoing conditions of registration B1, B2, B4 and B5 came into effect from 1 May 2022.

Initial conditions B7 and B8 are expressed differently from the revised ongoing requirements for quality and standards, to ensure that our regulatory approach appropriately reflects the context for a provider that may not yet have delivered higher education.

Published 17 November 2020
Last updated 01 May 2022 + show all updates

01 May 2022: FAQs updated as changes to the conditions of registration relating to quality and standards are now in effect
02 March 2022: FAQs updated following the publication of the outcomes of our phase two consultation
03 September 2021: Further questions added.
20 July 2021: Changes to reflect the launch of the consultation on quality and standards conditions.
26 January 2021: Copy updated to reflect consultation being closed
15 January 2021: Consultation deadline extended

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