Regulation 8D Determination of student populationF1
During each designation period, the Secretary of State must determine the student population of any unregistered franchised provider which is not an exempt franchised provider.
The unregistered franchised provider’s student population will be determined by reference to the student population data published by the OfS for the calculation reference period.
Subject to paragraph (6), where the Secretary of State is unable to calculate an unregistered franchised provider’s student population for the calculation reference period, the unregistered franchised provider’s student population will be determined to be less than 300.
Paragraph (5) applies where an unregistered franchised provider—
has a student population of less than 300 for the calculation reference period, including where it does not have student population data for the calculation reference period, and
intends to have a student population of 300 or more for the implementation year.
Where this paragraph applies, that unregistered franchised provider must, as soon as reasonably practicable, notify the Secretary of State of—
its intended student population for the implementation year, and
whether it intends to become a registered provider for the implementation year.
Following a notification under paragraph (5), the unregistered franchised provider’s student population will be determined to be 300 or more.
Annotations
Textual amendments
- F1
Pt. 1 Ch. 2A inserted (25.6.2026) by The Education (Student Support for Postgraduate Provision) (Amendment) Regulations 2026 (S.I. 2026/581), regs. 1(2), 11 (with regs. 13, 14)