Part 1The Office for Students

Regulatory framework

75Regulatory framework

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, and

b

guidance for registered higher education providers on the general ongoing registration conditions.

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 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.

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, 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.