The Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019

Document Number:2019 No. 1026
Coming into force:Coming into force on the 01/08/2019
 
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Statutory Instruments

Education, England

Made

13 th June 2019

Coming into force

1 st August 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 15(2) and (3) , 21(3) and (4) and 119(5) of the Higher Education and Research Act 2017(1).

In accordance with section 119(2) of that Act, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and interpretation

  1. —(1) These Regulations may be cited as the Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019 and come into force on 1 st August 2019.

    (2) In these Regulations—

    “the Act” means the Higher Education and Research Act 2017;

    “a decision under section 21(2) of the Act” means a decision of the OfS(2) that, on the expiry of a plan in relation to a registered higher education provider(3) which is currently in force, it will refuse to approve a new plan for a specified period;

    “a plan” means an access and participation plan within the meaning of section 29(2) of the Act;

    “the review body” means a person or panel of persons appointed by the Secretary of State in accordance with regulation 9(1);

    “section 21(2) notification” means a notification under section 21(2) of the Act.

    Monetary penalties: maximum amount

  2. The amount of a penalty determined by the OfS under section 15(2) of the Act must not exceed the higher of—

    (a)2% of the qualifying income of the registered higher education provider on whom the penalty is to be imposed; or

    (b)£500 ,000.

    Monetary penalties: meaning of “qualifying income”

  3. —(1) Where the relevant year of a registered higher education provider equals 12 months, the provider’s qualifying income is the provider’s relevant year income.

    (2) Where the relevant year of a registered higher education provider does not equal 12 months, the provider’s qualifying income is the provider’s relevant year income divided by the number of days in the relevant year and multiplied by 365 or, if the relevant year includes 29 th February, 366.

    (3) In this regulation a registered higher education provider’s relevant year income is the sum of—

    (a) all relevant fees paid to the provider for relevant courses in the relevant year, and

    (b) all grants made to the provider in the relevant year by the OfS under section 39 or 40 of the Act.

    (4) In this regulation—

    “business year of a registered higher education provider” means a period of more than six months in respect of which the governing body of a provider publishes accounts or, if no such accounts have been published for the period, prepares accounts;

    “date of the OfS notice” means the date on which the OfS notifies a registered higher education provider in accordance with paragraph 2(1) of Schedule 3 to the Act of its intention to impose a monetary penalty on that provider;

    “relevant course” is a higher education course(4) provided in England that leads to a taught award or a research award(5);

    “relevant fees” are fees(6) paid to a registered higher education provider in connection with a person undertaking a relevant course, exclusive of any value added tax;

    “the relevant year” means the business year of a registered higher education provider which immediately precedes the date of the OfS notice, or if no such business year exists, the 12 month period which ends on the last day of the month preceding the month in which the date of the OfS notice falls.

    Monetary penalties: matters to which the OfS must have regard

  4. —(1) In exercising its power to impose a monetary penalty on a registered higher education provider under section 15(1) of the Act, in addition to any other matters it considers appropriate, the OfS must have regard to—

    (a) the nature, seriousness, duration and impact...

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