Explanatory note

These Regulations make amendments to the Education (Postgraduate Master's Degree Loans) Regulations 2016 (S.I. 2016/606) (“the 2016 Regulations”) and the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599) (“the 2018 Regulations”).

Part 2 inserts a new Chapter 2A into the 2018 Regulations. The new Chapter 2A revokes the automatic designation of courses offered by unregistered providers on behalf of registered providers. For a course to be designated under the 2018 Regulations it must be taught or delivered by a registered provider or an unregistered provider with less than 300 students, or a provider which is a specified state-funded or public body (a “qualifying franchised provider”). The new Chapter 2A additionally sets out how the Secretary of State will calculate the student population, notify providers, and revoke designation in the following academic year if the provider’s student population exceeds the threshold, for the purposes of the 2018 Regulations. Chapter 2A also contains provision enabling providers to appeal a notice provided by the Secretary of State under this Chapter.

Part 3 inserts a new Chapter 2A into the 2016 Regulations which is the same in content as the new Chapter 2A within the 2018 Regulations.

Part 4 provides for transitional provision which enables the Secretary of State to treat providers which have applied for registration with the Office for Students before 1st July 2026 and are awaiting a registration decision on 1st September 2027 as if they are a qualifying franchised provider, for the purposes of courses commencing during the academic year beginning with 1st September 2028. It also contains transitional provision for appealing a notice issued by the Secretary of State under new Chapter 2A, where a provider’s student population is less than 300 students in the academic year before that notice is issued.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been produced and is available within the impact assessment for S.I. 2026/459 and is also published alongside these Regulations on www.legislation.gov.uk. Hard copies are available from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.