Registration with the OfS
Conditions of registration
To register – and stay registered – with the OfS providers must show that they offer high quality higher education. Our conditions of registration are designed to make sure they maintain these high standards.
There are three types of conditions of registration:
- Initial conditions
These are the conditions providers must meet to become registered. Most initial conditions apply to all providers. But providers seeking to register in the Approved (fee cap) category must satisfy additional requirements if they wish to charge eligible students fees up to the higher statutory fee limit, or will be in receipt of OfS grant funding when they are registered. - General ongoing conditions
These are the conditions providers must meet to stay registered. Most conditions apply to all registered providers. But providers in the Approved (fee cap) category must satisfy additional requirements if they wish to charge eligible students fees up to the higher statutory fee limit, or will be in receipt of OfS grant funding when they are registered. - Specific ongoing conditions
Specific ongoing conditions are those that we may decide, based on a risk assessment, to impose on an individual provider in order for it to register or to remain registered with us. They vary between providers but might, for example, require a provider to take a particular action to remain financially sustainable, or improve its student outcomes, or work on a particular aspect of access and participation. Specific conditions may change if the level or type of risk changes.
A summary of the initial and general ongoing conditions can be found below. Please see our regulatory framework for the full version.
Initial and general ongoing conditions
Condition A1
An Approved (fee cap) provider intending to charge fees above the basic amount to qualifying persons on qualifying courses must:
- Have in force an access and participation plan approved by the OfS in accordance with the Higher Education and Research Act 2017 (HERA).
- Take all reasonable steps to comply with the provisions of the plan.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | No |
Condition A2
An Approved provider or an Approved (fee cap) provider charging fees up to the basic amount to qualifying persons on qualifying courses must:
- Publish an access and participation statement.
- Update and re-publish this statement on an annual basis.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition B1
The provider must ensure that the students registered on each higher education course receive a high quality academic experience.
For the purposes of this condition, a high quality academic experience includes but is not limited to ensuring all of the following:
a. each higher education course is up-to-date;
b. each higher education course provides educational challenge;
c. each higher education course is coherent;
d. each higher education course is effectively delivered; and
e. each higher education course, as appropriate to the subject matter of the course, requires students to develop relevant skills.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition B2
The provider must take all reasonable steps to ensure:
a. each cohort of students registered on each higher education course receives resources and support which are sufficient for the purpose of ensuring:
i. a high quality academic experience for those students; and
ii. those students succeed in and beyond higher education; and
b. effective engagement with each cohort of students which is sufficient for the purpose of ensuring:
i. a high quality academic experience for those students; and
ii. those students succeed in and beyond higher education.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition B3
The provider must deliver positive outcomes for students on its higher education courses.
For the purposes of this condition, delivering positive outcomes means that either:
a. in the OfS’s judgement, the outcome data for each of the indicators and split indicators are at or above the relevant numerical thresholds; or
b. to the extent that the provider does not have outcome data for each of the indicators and split indicators that are at or above the relevant numerical thresholds, the OfS otherwise judges that:
i. the provider’s context justifies the outcome data; and/or
ii. this is because the OfS does not hold any data showing the provider’s numerical performance against the indicator or split indicator; and/or
iii. this is because the OfS does hold this data but the data refers to fewer than the minimum number of students.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition B4
The provider must ensure that:
a. students are assessed effectively;
b. each assessment is valid and reliable;
c. academic regulations are designed to ensure that relevant awards are credible;
d. subject to paragraph B4.3, in respect of each higher education course, academic regulations are designed to ensure the effective assessment of technical proficiency in the English language in a manner which appropriately reflects the level and content of the applicable higher education course; and
e. relevant awards granted to students are credible at the point of being granted and when compared to those granted previously.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition B5
The provider must ensure that, in respect of any relevant awards granted to students who complete a higher education course provided by, or on behalf of, the provider (whether or not the provider is the awarding body):
a. any standards set appropriately reflect any applicable sector-recognised standards; and
b. awards are only granted to students whose knowledge and skills appropriately reflect any applicable sector-recognised standards.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition B6
The provider must participate in the Teaching Excellence Framework (TEF).
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes, if the provider fulfils eligibility requirements and meets headcount and indicator thresholds | Yes, if the provider fulfils eligibility requirements and meets headcount and indicator thresholds |
Condition B7
The new initial condition of registration B7 applies to applications for registration made on or after 1 May 2022. Transitional arrangements will 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 this Notice.
Summary: The provider must:
- have credible plans that would enable the provider, if registered, to comply with conditions B1, B2 and B4 from the date of registration; and
- have the capacity and resources necessary to deliver, in practice, those plans.
Read the full text for this condition
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
|---|---|---|
|
Initial condition only |
Yes |
Yes |
Condition B8
The new initial condition of registration B8 applies to applications for registration made on or after 1 May 2022. Transitional arrangements will 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 this Notice.
Summary: The provider must demonstrate, in a credible manner, that any standards to be set and/or applied in respect of any relevant awards granted to students who complete a higher education course provided by, or on behalf of, the provider (if registered), whether or not the provider is the awarding body, are consistent with any applicable sector-recognised standards.
Read the full text for this condition
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
|---|---|---|
|
Initial condition only |
Yes |
Yes |
Condition C1
The provider must demonstrate that in developing and implementing its policies, procedures and terms and conditions, it has given due regard to relevant guidance about how to comply with consumer protection law.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition C2
The provider must:
- Co-operate with the requirements of the student complaints scheme run by the Office of the Independent Adjudicator for Higher Education, including the subscription requirements.
- Make students aware of their ability to use the scheme.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition C3
The provider must:
- Have in force and publish a student protection plan which has been approved by the OfS as appropriate for its assessment of the regulatory risk presented by the provider and for the risk to continuation of study of all of its students.
- Take all reasonable steps to implement the provisions of the plan if the events set out in the plan take place.
- Inform the OfS of events, except for the closure of an individual course, that require the implementation of the provisions of the plan.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition C4
- The provider must comply with any Student Protection Direction in circumstances where the OfS reasonably considers that there is a material risk that the provider will, or will be required by the operation of law to, fully or substantially cease the provision of higher education in England ('Market Exit Risk').
- A Student Protection Direction may be varied or revoked (wholly or in part) by express provision in a subsequent Student Protection Direction issued by the OfS in accordance with this condition of registration, and the OfS may otherwise revoke a Student Protection Direction by issuing a notice in writing to the provider.
- A Student Protection Direction (or, as the case may be, part of a Student Protection Direction) will cease to have effect in accordance with the following provisions:
a. in circumstances where a Student Protection Direction is varied or revoked (wholly or in part) by a subsequent Student Protection Direction, on and from the time and date that the subsequent Student Protection Direction takes effect; or
b. in circumstances where a Student Protection Direction is revoked by a notice in writing, on and from the time and date specified in that notice in writing. - Where a Student Protection Direction ceases to have effect at any time (for any reason), that cessation does not in any way affect the ability of the OfS to investigate and/or take any form of regulatory or enforcement action in respect of any non-compliance with that Student Protection Direction (whether or not the non-compliance remains ongoing in nature) which took place during the period that the Student Protection Direction was in effect.
-
For the purposes of this condition:
'Student Protection Direction' means, irrespective of whether or not an approved student protection plan exists, a direction requiring a provider to:
a. produce a special type of plan setting out Student Protection Measures for approval by the OfS and thereafter implementation by the provider (both in timescales specified in writing by the OfS) (“Market Exit Plan”);
b. instead or in addition to a), put in place and/or implement any Student Protection Measures which are specified in writing by the OfS (in timescales specified in writing by the OfS); and
c. do (or refrain from doing) such other consequential, ancillary or incidental actions, as the OfS considers is reasonably necessary, for ensuring that a Market Exit Plan or Student Protection Measures are put in place and/or implemented in an effective and expedient manner (including, but not limited to, compliance with general ongoing condition of registration C3, publishing information, deploying human resources, and consulting a registered insolvency practitioner on the feasibility of the Market Exit Plan (all in timescales specified in writing by the OfS)).
'Student Protection Measures' means measures (including supporting arrangements and procedures) which the OfS reasonably considers are proportionate in the context of Market Exit Risk and fall within the scope of the following descriptions:
- Teach out: ensuring students are able to complete their intended course of study and achieve a qualification that could reasonably have been expected, or complete their current academic year or term and receive an exit award or credit to recognise their academic achievement at the provider;
- Student transfer: ensuring students are able to transfer to another higher education provider to continue and complete their studies, including providing students with appropriate support to understand their options and make an informed choice, and to ensure that administrative arrangements are in place to facilitate such transfers;
- Exit awards and unit certification: providing students with a formal record of their achievement at a provider;
- Information, advice and guidance for students: ensuring all students receive effective information, advice, guidance and support in relation to any Market Exit Risk;
- Complaints: ensuring that robust arrangements are in place for handling and responding to complaints from students;
- Refunds and compensation:
i. offering students refunds of tuition fees and other costs (for example accommodation costs and other living costs) incurred by students for whom continuation of study has been disrupted as a result of any Market Exit Risk;
ii. offering students compensation to cover any financial costs incurred by students as a result of any Market Exit Risk; - Archiving arrangements: ensuring that arrangements are in place to enable students to access evidence of their academic achievements in the future, including arrangements with third parties to store records if necessary.
This condition does not apply to Further Education Bodies (as defined in section 4 of the Technical and Further Education Act 2017).
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition D
The provider must:
- Be financially viable.
- Be financially sustainable.
- Have the necessary financial resources to provide and fully deliver the higher education courses as it has advertised and as it has contracted to deliver them.
- Have the necessary financial resources to continue to comply with all conditions of its registration.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition E1
The provider's governing documents must uphold the public interest governance principles that are applicable to the provider.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition E2
The provider must have in place adequate and effective management and governance arrangements to:
- Operate in accordance with its governing documents.
- Deliver, in practice, the public interest governance principles that are applicable to it.
- Provide and fully deliver the higher education courses advertised.
- Continue to comply with all conditions of its registration.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| Both | Yes | Yes |
Condition E3
The governing body of a provider must:
- Accept responsibility for the interactions between the provider and the OfS and its designated bodies.
- Ensure the provider’s compliance with all of its conditions of registration and with the OfS’s accounts direction.
- Nominate to the OfS a senior officer as the ‘accountable officer’ who has the responsibilities set out by the OfS for an accountable officer from time to time.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition E4
The governing body of the provider 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.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition E5
The provider must comply with guidance published by the OfS to facilitate, in co-operation with electoral registration officers, the electoral registration of students.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition F1
The provider must provide to the OfS, and publish, in the manner and form specified by the OfS, the transparency information set out in section 9 of HERA.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition F2
The provider must provide to the OfS, and publish, information about its arrangements for a student to transfer.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition F3
For the purpose of assisting 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, or a person nominated by the OfS, with such information as the OfS specifies at the time and in the manner and form specified.
- Permit the OfS to verify, or arrange for the independent verification by a person nominated by the OfS of such information as the OfS specifies at the time and in the manner specified and must notify the OfS of the outcome of any independent verification at the time and in the manner and form specified.
- Take such steps as the OfS reasonably requests to co-operate with any monitoring or investigation by the OfS, in particular, but not limited to, providing explanations or making available documents to the OfS or a person nominated by it or making available members of staff to meet with the OfS or a person nominated by it.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition F4
For the purposes of the designated data body (DDB)’s duties under sections 64(1) and 65(1) of HERA, the provider must provide the DDB with such information as the DDB specifies at the time and in the manner and form specified by the DDB.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
Condition G1
A provider in the Approved (fee cap) category must charge qualifying persons on qualifying courses fees that do not exceed the relevant fee limit determined by the provider’s quality rating and its access and participation plan.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | No |
Condition G2
The provider must comply with any terms and conditions attached to financial support received from the OfS and UK Research and Innovation (UKRI) under sections 41(1) and/or 94(2) of HERA. A breach of such terms and conditions will be a breach of this condition of registration.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes [1] |
Condition G3
The provider must pay:
- Its annual registration fee and other OfS fees in accordance with regulations made by the Secretary of State.
- The fees charged by the designated bodies.
| Initial or general ongoing condition? | Approved (fee cap) providers | Approved providers |
| General ongoing condition only | Yes | Yes |
[1] This condition is applicable to providers in receipt of financial support from either the OfS or from UKRI.
Monitoring and intervention
We monitor each registered provider in relation to its conditions of registration.
We may intervene where we consider that there is an increased risk, or an actual breach, of a condition of registration by a provider.
Last updated 01 May 2022 + show all updates
01 May 2022 - Changes to the conditions of registration that relate to quality and standards are now in effect
02 March 2022 - Notice of changes to the conditions of registration that relate to quality and standards
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