Regulation 5 Notification of refusal to renew a plan: matters to which the OfS must have regard

(1)

In deciding whether to give the governing body of a registered higher education provider a section 21(2) notification, in addition to any other matters it considers appropriate, the OfS must have regard to—

(a)

where it appears to the OfS that there is or has been a failure by the governing body to comply with the fee limit condition^f1 which is one of its ongoing conditions, the nature, seriousness, duration and impact of that failure;

(b)

where it appears to the OfS that there is or has been a failure by the governing body to comply with the relevant requirement, the nature, seriousness, duration and impact of that failure;

(c)

any financial or other gain as a result of the failure to comply with the fee limit condition or relevant requirement (as the case may be) which benefits the provider;

(d)

any financial or other loss avoided as a result of the failure to comply with the fee limit condition or relevant requirement (as the case may be) which benefits the provider;

(e)

where any gain described in sub-paragraph (c) or avoided loss described in sub-paragraph (d) can be quantified, the amount of any such gain or avoided loss;

(f)

any previous failure by the governing body to comply with the fee limit condition or the relevant requirement;

(g)

any steps taken by the governing body following its failure to comply with the fee limit condition or the relevant requirement (as the case may be) to avoid a failure in the future to comply with one or both of those conditions;

(h)

the impact that a decision under section 21(2) of the Act is likely to have on—

(i)

students or prospective students on higher education courses at the provider,

(ii)

students generally, or students of a particular description, on higher education courses provided by registered higher education providers.

(2)

In this regulation “relevant requirement” means the requirement of an access and participation plan condition^f2 mentioned in sections 12(3)(b) and 21(1)(b)(i) of the Act.

Annotations

Footnotes

f1: “Fee limit condition” is defined in section 85(1) of the Act.
f2: “An access and participation plan condition” is defined in section 12(3) of the Act.