# The Education (Student Support) Regulations 2011, Regulation 7D: Determination of student population


(1) In each designation period, the Secretary of State must determine the student population of any unregistered franchised provider which is not an exempt franchised provider.
(2) 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.
(3) 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.
(4) Paragraph (5) applies where an unregistered franchised provider—
(a) 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
(b) intends to have a student population of 300 or more for the implementation year.
(5) That unregistered franchised provider must, as soon as reasonably practicable, notify the Secretary of State of—
(a) its intended student population for the implementation year, and
(b) whether it intends to become a registered provider for that implementation year.
(6) Following a notification under paragraph (5), the unregistered franchised provider’s student population will be determined to be at least 300.

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Source: https://www.legislation.gov.uk/uksi/2011/1986/regulation/7D (the official version)
Page: https://openlegislation.uk/education-student-support-regulations-2011/regulation-7D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.