Regulation 2 Fee payable to the Office for Students for investigation of a registered higher education providerI1

England and Wales

(1)

Subject to paragraph (6) and regulation 7, a fee is payable for the conducting by the OfS of an investigation of the activities of a registered higher education provider where, as a result of the investigation, the OfS—

(a)

finds that there is or has been a breach of any ongoing registration condition of the provider,

(b)

imposes a specific ongoing registration condition on the provider’s registration,

(c)

requires the provider’s governing body to provide information pursuant to an ongoing registration condition of the provider referred to in section 8(1)(b) of the Higher Education and Research Act 2017, or

(d)

makes a recommendation that, in order to mitigate what the OfS considers to be the increased risk of a breach of an ongoing registration condition of the provider, the provider should take or refrain from taking any action specified by the OfS.

(2)

The fee is payable by the governing body of the institution whose activities were the subject of the investigation.

(3)

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

(4)

That sum is to be determined by the OfS.

(5)

For the purposes of paragraphs (1) and (3), conducting an investigation includes—

(a)

making and communicating a decision to conduct the investigation,

(b)

settling and communicating the findings of the investigation, and

(c)

making any other decision, and engaging in any other activity, in connection with—

(i)

beginning the investigation;

(ii)

conducting the investigation;

(iii)

settling or communicating the findings of the investigation.

F1(5A)

But conducting an investigation does not include any activity in relation to which a fee is payable under the Higher Education (Assessment Fees) (England) Regulations 2023.

(6)

F2The fee under paragraph (1) is only payable if the OfS decides not to impose any sanction in relation to the provider as a result of the findings of the investigation (including where that is because it considers there to be no grounds to impose any sanction as a result of those findings).

(7)

The references in paragraph (6) to imposing a sanction are references to—

(a)

imposing a monetary penalty under section 15 of the Higher Education and Research Act 2017,

(b)

suspending a provider’s registration under section 16 of that Act, or

(c)

removing a provider from the register under section 18 of that Act.

Annotations

Textual amendments

F1: Reg. 2(5A) inserted (7.8.2023) by The Higher Education (Assessment Fees) (England) Regulations 2023 (S.I. 2023/801), regs. 1(1), 15(a)
F2: Word in reg. 2(6) substituted (7.8.2023) by The Higher Education (Assessment Fees) (England) Regulations 2023 (S.I. 2023/801), regs. 1(1), 15(b)

Commencement

I1: Reg. 2 in force at 8.12.2022, see reg. 1(2)