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The Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111170373

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 119(2)(a) and (e) of the Higher Education and Research Act 2017, for approval by resolution of each House of Parliament.

Education, England

Made ***

Coming into force in accordance with regulation 2

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9(1)f1, 39(3) and 119(5) of the Higher Education and Research Act 2017f2.

In accordance with section 119(2) of that Act, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

See the definition of “prescribed” in section 9(4).

f2

2017 c. 29.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Citation, commencement and interpretation
  4. 4Prescribed registered higher education provider: transparency condition
  5. 5Prescribed registered higher education provider: financial support
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018.

2Citation, commencement and interpretation

These Regulations come into force as follows—

(a)

regulations 1 to 4 come into force on the day after the day on which these Regulations are made;

(b)

regulation 5 comes into force on 1st January 2019.

3Citation, commencement and interpretation

In these Regulations, “the Act” means the Higher Education and Research Act 2017.

4Prescribed registered higher education provider: transparency condition

A higher education provider registered in either the ‘Approved’ or ‘Approved (fee cap)’ part of the registerf1 is prescribed for the purposes of section 9 of the Act.

5Prescribed registered higher education provider: financial support

A higher education provider registered in the ‘Approved (fee cap)’ part of the register is prescribed as an eligible higher education provider for the purposes of section 39 of the Act.

Signature

Name

Minister of State

Department for Education

Date

Explanatory note

(This note is not part of the Regulations)

Section 3(1) of the Higher Education and Research Act 2017 requires the Office for Students (“the OfS”) to establish and maintain a register of English higher education providers. Section 3(2) of that Act provides that the register may be divided by the OfS into different parts representing different categories of registration. The OfS has decided to divide the register into two parts: ‘Approved’ and ‘Approved (fee cap)’.

Regulation 4 establishes that the OfS must ensure that the ongoing registration conditions of providers in the ‘Approved’ or ‘Approved (fee cap)’ part of the register include a transparency condition. This condition imposes a requirement to provide to the OfS, and publish, such information as may be required by the OfS in relation to the number of applications received for admission on to higher education courses, the number of offers made and accepted, and the number of students who complete their courses and attain a particular degree or other award. The OfS may request this information by reference to the gender, ethnicity and socio-economic background of the individuals concerned.

Regulation 5 establishes that the OfS may make grants, loans or other payments to providers in the ‘Approved (fee cap)’ part of the register.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen. However, the impact of the provision made by regulation 4 of this instrument was measured as part of the Higher Education and Research Act 2017 impact assessment which remains an accurate assessment and is available on the government website at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/668061/Enactment_IA_-_Final_-_BRANDED.pdf. Copies of the impact assessment may also be obtained from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.