Higher Education and Research Act 2017

75 Regulatory framework E+W

(1) The OfS must, from time to time, prepare and publish a regulatory framework.

(2) The OfS must have regard to it when exercising its functions.

(3) The regulatory framework is to consist of—

(a) a statement of how it intends to perform its functions, F1 ...

(b) guidance for registered higher education providers on the general ongoing registration conditions[F2 , and

(c) guidance for students’ unions to which sections A5 and A6 apply on their duties under those sections.]

(4) The statement under subsection (3)(a) must set out how the OfS intends to perform its functions in relation to a registered higher education provider in proportion to the OfS's assessment of the regulatory risk posed by the provider.

(5) “Regulatory risk” means the risk of a breach of the provider's ongoing registration conditions.

(6) Guidance under subsection (3)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general ongoing registration conditions.

(7) The guidance [F3 under subsection (3)(b)] may in particular specify—

(a) descriptions of behaviour which the OfS considers compliant with, or not compliant with, a general ongoing registration condition;

(b) factors which the OfS will take into account in determining whether or not behaviour is compliant with a general ongoing registration condition.

[F4 (7A) Guidance under subsection (3)(c) must include guidance for the purpose of helping to determine whether or not students’ unions are complying with their duties under sections A5 and A6.

(7B) The guidance under subsection (3)(c) may in particular specify—

(a) what the OfS considers students’ unions need to do to comply with their duties under sections A5 and A6;

(b) factors which the OfS will take into account in determining, for the purposes of section 69B, whether or not a students’ union is complying with its duties under those sections.]

(8) Before publishing a regulatory framework under this section the OfS must consult—

(a) bodies representing the interests of English higher education providers,

(b) bodies representing the interests of students on higher education courses provided by English higher education providers, F5 ...

[F6 (ba) in relation to guidance under subsection (3)(c), such bodies appearing to the OfS to represent the interests of students’ unions as the OfS considers appropriate, and]

(c) such other persons as it considers appropriate.

(9) Where a regulatory framework is published, the OfS must send a copy of it to the Secretary of State who must lay it before Parliament.

Textual Amendments

F1 Word in s. 75(3)(a) omitted (11.7.2023) by virtue of Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(2), Sch. para. 9(2)(a)

F2 S. 75(3)(c) and word inserted (11.7.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(2), Sch. para. 9(2)(b)

F3 Words in s. 75(7) inserted (11.7.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(2), Sch. para. 9(3)

F4 S. 75(7A)(7B) inserted (11.7.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(2), Sch. para. 9(4)

F5 Word in s. 75(8)(b) omitted (11.7.2023) by virtue of Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(2), Sch. para. 9(5)(a)

F6 S. 75(8)(ba) inserted (11.7.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(2), Sch. para. 9(5)(b)

Modifications etc. (not altering text)

C1 S. 75 modified (temp.) (1.1.2018) by The Higher Education and Research Act 2017 (Transitory Provisions) Regulations 2017 (S.I. 2017/1145), regs. 1(2), 2

Commencement Information

I1 S. 75 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(j)