The Higher Education (Access and Participation Plans) (England) Regulations 2018

These Regulations are the first ones made under sections 29, 30, 32, 33 and 34 of the Higher Education and Research Act 2017 (the “2017 Act”). They make various provisions relating to access and participation plans, as defined in section 29(2) of the 2017 Act. Where a registered higher education provider that is subject to a mandatory fee limit condition under section 10 of the 2017 Act has an access and participation plan approved by the Office for Students (“the OfS”) under section 29 of that Act, that provider may charge fees at the higher limits determined and prescribed in accordance with Schedule 2, paragraph 2 of that Act. Section 12 of the 2017 Act requires the OfS to impose a registration condition on providers wishing to charge fees at the higher limits under Schedule 2, paragraph 2, requiring those providers to have in force and to comply with an access and participation plan that has been approved by the OfS. Sections 15 to 21 of the 2017 Act make provision regarding enforcement powers available to the OfS where a registration condition has been breached.