Explanatory note

Section 71 of the Higher Education and Research Act 2017 (“the Act”) provides that the Office for Students (“the OfS”) may, in accordance with regulations made by the Secretary of State, charge fees for activities specified in those regulations undertaken by the OfS in the performance of its functions. These Regulations have been made for that purpose.

Regulation 2 provides for a fee to be payable for an investigation by the OfS of the activities of a registered higher education provider where the investigation has resulted in any of the outcomes specified in regulation 2(1)(a) to (d). The fee is payable by the governing body of the institution in question, but no fee is payable unless the OfS decides not to impose any sanctions on the provider under section 15, 16 or 18 of the Act. Section 73 of the Act provides for the recovery of the OfS’s costs when it imposes such a sanction, and allows for the recovery of investigation costs (and other costs) in those circumstances.

The fee payable is a sum, determined by the OfS, which is equal to the total amount of all the costs reasonably incurred by the OfS in conducting the investigation in question.

Regulation 3 requires the OfS to publish statements of its approach to determining the amount of fees payable under these Regulations.

Regulation 4 provides for waiver and reduction of fees by the OfS.

Regulation 5 provides for the OfS to give notice when a fee is payable. The notice must specify the period within which the fee is to be paid and other matters. It must allow a period for representations to be made about the fee.

Regulation 6 provides for interest to be charged on unpaid fees, and for unpaid amounts to be recoverable as a civil debt due to the OfS.

Regulation 7 provides that no fee is payable where the decision to investigate was made before the date on which these Regulations come into force.

A full impact assessment has not been produced for these Regulations because no, or no significant, impact on the private, voluntary or public sector is foreseen.