New Initial Conditions for Registration published by the Office for Students 

New OfS registration conditions and what they mean for higher education providers

Back in February 2025 the Office for Students (OfS) launched a consultation on changes to its approach to dealing with institutions seeking registration for the first time. Following consideration of submissions made as part of the consultation the regulator has now published the new initial conditions of registration it is introducing, with effect from 28 August 2025. This will mean that, following a pause to new registrations which commenced in December 2024, the OfS will now be accepting applications from the end of August from institutions hoping to register with it.

What was in the consultation?

The consultation covered three broad areas:

1. Proposals for a new initial condition concerned with treating students fairly.
2. A new initial condition relating to governance.
3. Changes to initial registration application requirements.

It is fair to say that the OfS was not exactly overwhelmed by responses to the consultation document, with 55 responses to the different elements of it from only 28 respondents. The numbers of currently unregistered providers responding (14%) were in single figures.

The OfS website sets out the new conditions and commentary on the consultation responses for each of the three sections together with the original proposals published in February.

The new conditions

Perhaps unsurprisingly, given the limited response to the consultation, few substantive changes have been made to the original proposals. The new initial condition C5 covers a range of activities at point of registration and beyond including clear accessible information about what to expect, what happens if there are changes to their course and how to complain. It also covers what are described as ‘ancillary services’, which includes thinks like sport and accommodation. Interestingly a lot of this is framed in terms of consumer protection law which is set out as a proxy for fair dealing with students (as is the case with Condition C1). Linked to this new condition is what is presented by the OfS as its prohibited behaviours list.

Despite the name, this is not at all to do with student discipline but is in fact a list of activities which would demonstrate, if evidenced, that students were not being treated fairly. The list ranges from limiting the rights of students in relation to contractual matters and unfairly penalising them financially to presenting inaccurate or false information about the provider and its courses and much more besides. It’s quite the list.

Condition E7 also sets out in considerable detail the requirements for the provision of business plans by the provider. These are expected to cover at least a five-year period and be comprehensive, clear and coherent as well as demonstrating sound knowledge of the HE environment, relevant risks and the ongoing OfS conditions of registration. As part of the assessment it makes of the provider’s business plan the OfS considers factors including whether there is sufficient capacity and resource to deliver it and if there is a track record of previous delivery. The plan also needs to show that the provider has properly considered the student interest in formulating the document.

Although there was initially expected to be just one new condition around governance this has now been split into three with the other two conditions being E8 covering fraud and inappropriate use of public funds and condition E9 on individuals. E8 stipulates that the provider will have comprehensive arrangements in place for detecting, preventing and stopping fraud or the inappropriate use of relevant public funds. E9 includes requirements that the provider has staff with the knowledge and expertise needed to make sure their institution can comply with the OfS’s ongoing regulatory requirements and covers people who may be the accountable officer or members of the governing body. There is also the absolute necessity that everyone is a fit and proper person (defined at length in E9) to take on their role.

Implications for institutions

For those looking to apply for registration after 28 August there is also revised advice on how to register with the OfS. This incorporates some changes which are intended to make things more efficient and incentivise high quality applications. It will also make it easier it seems for applications to be rejected quickly where an institution is deemed unready.

The new registration requirements include more detailed financial information including financial scenario planning and mitigation plans to show how the institution will remain financially viable and sustainable together with audited statements and corporate structure diagrams to explain the provider’s governance and operational context. There are also specific matters which might affect an application including investigations which have happened in the previous 5 years.

Several changes have been made to the registration requirements since the consultation, including the reduction of the resubmission period following a refusal from 18 to 12 months and the need to notify the OfS of material changes to business or quality plans in the period following submission.

Next steps

These new initial conditions C5, E7, E8, E9 and the majority of the changes to the requirements for a registration application come into force on 28 August 2025, but the restriction preventing a provider from reapplying within 12 months of receiving a final decision by the OfS to refuse registration will not come into force until 1 January 2026.

These new initial conditions and registration requirements will not generally apply to any application for registration made before 28 August 2025. This includes applications that the OfS is currently assessing or that are currently paused. In the press release accompanying the announcement about the new conditions it was made clear that those applications which are currently under assessment or are paused will be prioritised over new applications.

One other final point of detail is that the new requirements for a registration application will not apply to any application by a registered provider for registration in a different category of the OfS Register. Instead, the OfS will establish the application requirements for applications to change category of registration by issuing a bespoke notice to the relevant provider under section 3(5) of HERA.

How we can help

The OfS is running a session for potential applicants for registration on 16 September. However, if you would like any further information or support in relation to OfS registration in the meantime then please do get in touch with our expert education team.