Education Reform Act 1988
At a glance
Enforced by
What's here
16 compliance obligations
Who this Act binds
Plus 13 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I
Charges and remissions policies.
Amended 1 timeObligation to enter pupils for prescribed public examinations.
Amended 2 timesGeneral and supplementary provisions relating to charges.
Amended 2 timesBrowse 118 other sections in this Part — procedural / definitional / commencement
Duties with respect to the curriculum.
The National Curriculum.
Foundation subjects and key stages.
Duty to establish the National Curriculum by order.
Courses leading to external qualifications.
Collective worship.
Special provisions as to collective worship in county schools.
Religious education required in the basic curriculum: further provisions.
Exceptions, special arrangements and supplementary and consequential provisions.
Duties with respect to certain requirements.
Standing advisory councils on religious education.
Determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply.
Power of Secretary of State to direct advisory council to revoke determination or discharge duty.
Advisory councils: supplementary provisions.
Establishment of Councils.
Transfers of property and staff to Councils.
Development work and experiments.
Exceptions by regulations.
Exemption from sex education.
Pupils with statements of special educational needs.
Temporary exceptions for individual pupils.
Procedure for making certain orders: England.
Procedure for making certain orders: Wales.
Provision of information.
Complaints and enforcement.
Extension of certain provisions.
Interpretation of Chapter I.
Admissions to county and voluntary schools.
Standard numbers for admissions.
Procedure for reduction of standard number.
Special provisions in relation to admissions to primary schools.
Special arrangements in respect of admissions to aided or special agreement schools.
Consequential provisions.
Interpretation of Chapter II.
Schemes for financing county and voluntary schools.
Preparation and imposition of schemes.
Revision of schemes.
Delegation to governing body of management of school’s budget share.
Withdrawal of delegation.
Schemes: determination of budget shares.
Schemes: provision for financial delegation.
Initial implementation of delegation requirements under schemes.
Extension of delegation requirement under schemes in the case of primary schools.
Publication of schemes and financial statements,
Certification of statements by Audit Commission.
Application of schemes to special schools.
Staff employed by the local education authority.
Staff at aided schools.
Staff: further provisions.
Community Schools.
New schools.
Required financial delegation apart from schemes.
Financial statements in respect of schools not covered by statements under section 42.
Interpretation of Chapter III and supplementary and consequential provisions.
Duty of Secretary of State to maintain certain schools.
Constitution of the governing body of a grant-maintained school.
Appointment of parent governors by the governing body.
Proceedings of the governing body and allowances to members.
Governors’ tenure of office.
Powers of the governing body.
Articles of government.
Instrument and articles of government: procedure.
Initiation of procedure for acquisition of grant-maintained status.
Ballot of parents.
Proposals for acquisition of grant-maintained status.
Publication of proposals and notice with respect to proposals.
Constitution of the initial governing body of a grant-maintained school.
Terms of office of initial governors.
Determination of the initial governors.
Provisions supplementary to section 66.
Modification of proposed membership of initial governing body before incorporation.
Provisions supplementary to section 68.
Elections required for determining initial governors: supplementary provisions.
Eligible governors for the purposes of Chapter IV.
Inital government and conduct: further provisions
Proposals for alteration, etc., of schools eligible for grant-maintained status.
Transfer of property, etc., to governing body of grant-maintained school.
Transfer of staff to grant-maintained school.
Effect of pending procedure for acquisition of grant-maintained status on property disposals.
Wrongful disposals and contracts.
Effect of pending procedure for acquisition of grant-maintained status on appointment, etc., of staff.
Maintenance grants, special purpose grants and capital grants.
Grants: further provisions.
Recovery from local funds of sums in respect of maintenance grant.
Provisions consequential on section 81.
Admissions.
Religious education in former county schools.
Religious education in former controlled schools.
Religious education in former aided or special agreement schools.
Changes in religious education.
Religious education: supplementary.
Change of character or enlargement of grant-maintained school.
Approval of school premises on change of character or enlargement.
Change of site.
Discontinuance by governing body.
Withdrawal of grant by Secretary of State.
Winding up.
Disposal of school property.
Surplus money and investments.
Discharge, transfer and termination of liabilities, etc.
Capital expenditure: former voluntary schools.
Capital expenditure: former county schools.
Provision of benefits and services for pupils by local education authorities.
Application of proceeds of disposal of premises.
Variation of trust deeds relating to grant-maintained schools, etc.
Publication of information and reports and returns by governing bodies of grant-maintained schools.
Interpretation of Chapter IV.
Agreements for establishment, etc., of city technology colleges and city colleges for the technology of the arts.
Provision for cases where education is provided partly during and partly outside school hours.
Recovery of wasted examination fees.
Permitted charges.
Charges for board and lodging at boarding schools.
Extension of powers as to trusts for religious education.
Schemes under the Endowed Schools Acts.
Extension of power to require local education authority to defray expenses of establishing controlled school.
Power to determine times of school sessions, etc.
Provision for delegation of functions by governing bodies of county, voluntary and maintained special schools.
Interpretation of Part I.
Part II — Higher and Further Education
(1) Alocal authority authority shall no longer be under a...
Amended 7 timesOrders incorporating higher education institutions maintained by local authorities in Wales.
Amended 1 timeOrders transferring further education corporations in Wales to higher education sector.
Amended 1 timeOrders for further education corporations in England to become higher education corporations
Amended 1 timeProvisions supplementary to sections 121 to 122A.
Amended 3 timesPrincipal powers of a higher education corporation in England
Amended 3 timesSupplementary powers of a higher education corporation in England
Amended 3 timesPowers of a higher education corporation in Wales.
Amended 16 timesConstitution and conduct of higher education corporations in Wales.
Amended 16 timesAccounts.
Amended 16 timesInitial and transitional arrangements : Wales.
Amended 16 timesExercise of Powers by Privy Council.
Amended 16 timesArticles of government: higher education corporations in England
Amended 16 timesInstrument of government of higher education corporations in England
Amended 16 timesProceedings etc. of higher education corporations in England
Amended 16 timesArticles of government : higher education corporations in Wales.
Amended 5 timesCharitable status of a higher education corporation.
Amended 5 timesTransfer of staff to higher education corporations.
Amended 13 timesDissolution of higher education corporations in England
Amended 13 timesDissolution of higher education corporations in Wales.
Amended 20 timesDesignation of institutions.
Amended 10 timesGovernment and conduct of designated institutions.
Amended 10 timesDesignated institutions conducted by companies.
Amended 10 timesPayments ...in respect of persons employed in the provision of higher or further education.
Amended 5 timesInspection of accounts.
Amended 4 timesTransfer to Polytechnics and Colleges Funding Council of property and staff of NAB.
Amended 1 timeControl of disposals of land.
Amended 1 timeConstruction of references to land held for the purposes of an institution.
Amended 1 timeGovernment and conduct of certain further and higher education institutions.
Amended 3 timesVariation of trust deeds, etc.
Amended 1 timeReports and returns to Secretary of State.
Amended 1 timeInformation with respect to educational provision in institutions providing further or higher education.
Amended 1 timeAdjustments of block grant in respect of expenditure on advanced further education.
Amended 1 timeInterpretation of Part II.
Amended 7 timesBrowse 23 other sections in this Part — procedural / definitional / commencement
Initial incorporation of higher education institutions maintained by local authorities.
Transfer of property, etc., to higher education corporations.
Transfer of property, etc., to certain designated institutions.
Universities Funding Council.
Polytechnics and Colleges Funding Council.
The Funding Councils: supplementary provisions.
Schemes for financing locally funded further and higher education.
Preparation and imposition of further and higher education funding schemes.
Replacement and variation of further and higher education funding schemes.
Delegation to governing body of management of institution’s budget share.
Further and higher education funding schemes: determination of budget shares.
Further and higher education funding schemes: provision for financial delegation.
Initial implementation of further and higher education funding schemes.
Extension of further and higher education funding schemes.
Publication of further and higher education funding schemes and annual information as to their operation.
Delegation of powers as to appointment and dismissal of staff.
Costs of dismissal, premature retirement or voluntary severance.
Withdrawal of delegated powers for mismanagement, etc.
Instrument and articles of government required for maintained further and higher education institutions.
Provision required in instrument and articles of government.
Government of designated assisted institutions.
New further and higher education institutions.
Interpretation of Chapter III and supplementary provisions.
Part III — Education in Inner London
Abolition of ILEA.
Amended 1 timeNew local education authorities for areas in inner London.
Amended 3 timesExtension of functions of London Residuary Body.
Amended 1 timeDevelopment plans for education.
Amended 1 timeEducation in Inner London
Amended 2 timesEducation in Inner London
Amended 1 timeApproval of management structure and senior appointments in initial period.
Amended 1 timeRemuneration of employees.
Amended 1 timeCompensation for loss of employment or loss or diminution of emoluments.
Amended 2 timesContinuity of employment in certain cases of voluntary transfer.
Amended 1 timeLiability of London Residuary Body for redundancy and compensation payments.
Amended 2 timesPreparation of ILEA’s final accounts.
Amended 3 timesTransitional functions of London Residuary Body in respect of block grant.
Amended 1 timeWrongful contracts or disposals.
Amended 1 timePenalties for contravention of section 188 or 189.
Amended 1 timeCharities.
Amended 1 timeInformation and access to documents.
Amended 1 timeConcurrent employment.
Amended 1 timeBrowse 17 other sections in this Part — procedural / definitional / commencement
Transfers of property, rights and liabilities.
Establishment and functions of staff commission.
Power to transfer staff.
Offers of employment by inner London councils.
Provision of services and facilities by London Residuary Body.
Repayment by London Residuary Body of loans to ILEA.
Payment of pensions and pensions increase by London Residuary Body.
Custody of residuary property, etc.
Power of London Residuary Body to pay compensation.
Directions of Secretary of State.
Preparatory expenditure of inner London councils.
London Residuary Body: financial provisions.
Winding-up of London Residuary Body.
Control of contracts.
Control of disposals.
Continuity of exercise of functions.
Interpretation of Part III.
Part IV — Miscellaneous and General
Education Assets Board.
Amended 8 timesTransfers under Parts I and II.
Amended 31 timesWrongful disposals.
Amended 2 timesDuty of Commissioners.
Amended 1 timeExclusion of visitor’s jurisdiction.
Amended 1 timePower to make incidental, etc., provisions by Order in Council.
Amended 1 timeGrants in respect of mandatory awards.
Amended 2 timesGrants for the education of travellers and displaced persons.
Amended 3 timesGrants in respect of special provision for immigrants
Amended 5 timesGrants relating to aided or special agreement schools.
Amended 1 timeGrants: miscellaneous.
Amended 2 timesUnrecognised degrees.
Amended 10 timesUnrecognised degrees: enforcement.
Amended 5 timesIdentification of bodies granting or providing courses for recognised awards etc.
Amended 11 timesUnrecognised degrees: Northern Ireland and Channel Islands.
Amended 1 timeSchool and further and higher education regulations.
Amended 30 timesRegulations under section 218(6): further provision.
Amended 30 timesPowers of the Secretary of State in relation to certain educational institutions.
Amended 4 timesExtension of functions of Audit Commission.
Amended 11 timesAvoidance of certain contractual terms.
Amended 5 timesApplication of employment law during financial delegation.
Amended 1 timeTemporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies.
Amended 1 timeRecoupment as between local education authorities.
Amended 1 timeServices for schools in other member States providing education for British children.
Amended 4 timesApplication to Wales.
Amended 1 timeTransfer of property to grant-aided institutions in Wales.
Amended 1 timePower to make different provision for Wales in regulations under the 1944 and 1967 Acts.
Amended 1 timeStamp duty.
Amended 3 timesPower to make incidental, consequential, transitional and supplementary provisions.
Amended 1 timeOrders and regulations.
Amended 9 timesExpenses.
Amended 1 timeMeaning of “assisted" for the purposes of the 1944 Act and Acts construed as one with it.
Amended 1 timeGeneral interpretation.
Amended 10 timesCommencement.
Amended 7 timesCitation, extent etc.
Amended 1 timeBrowse 8 other sections in this Part — procedural / definitional / commencement
Loan liabilities excepted from transfer under Part II.
Grant-maintained schools: school property.
The University Commissioners.
Powers of Commissioners.
Procedure for exercise of Commissioners’ powers.
Corresponding provision for Northern Ireland.
Superannuation for staff of Further Education Unit.
Amendments and repeals.
Schedules
The following section shall be substituted for section 26 of...
Other duties (1) — Crown / regulator
- Provide non-denominational religious education in county schools Local authority
(1) The Authority may establish a committee for any purpose....
Other duties (1) — Crown / regulator
- Keep committee structures and activities under review Statutory regulator
(1) The chairman of the School Curriculum and Assessment Authority,...
Other duties (1) — Crown / regulator
- Authority must provide documents to SCAA chairman on request Statutory regulator
(1) It shall be the duty of the Authority—
Other duties (1) — Crown / regulator
- Authority must keep proper accounts and submit annual statement by August Statutory regulator
(1) The regulation of conduct and discipline in relation to...
Other duties (1) — Crown / regulator
- Governing bodies must establish disciplinary and grievance procedures for school staff Local authority
(1) Where the governing body of any school to which...
Other duties (1) — Crown / regulator
- Governing body must notify LEA before removing school staff Local authority
(1) Subject to the following provisions of this paragraph, section...
Other duties (1) — Crown / regulator
- Local authorities must incorporate budget statements into new school articles of government Local authority
(1) It shall be the duty of each corporation—
- Keep proper accounts, prepare annual statements, and arrange audits
(1) Following the appointment by the Secretary of State of...
Other duties (1) — Crown / regulator
- Higher education corporations must determine membership numbers with at least half independent members Crown / Minister / Government department
The instrument shall provide for the authentication of the application...
- Include seal authentication procedures in the corporation's instrument of government
The instrument shall provide for one or more officers to...
Other duties (1) — Crown / regulator
- Appoint at least one officer from within the governing body Statutory regulator
(1) It shall be the duty of the Corporation—
Other duties (1) — Crown / regulator
- Keep proper accounts and send annual statements to the Secretary of State Crown / Minister / Government department
(1) The Corporation may establish a committee for any purpose....
Other duties (1) — Crown / regulator
- Corporation must review committee structure and activities Crown / Minister / Government department
(1) It shall be the duty of the transferor and...
Other duties (1) — Crown / regulator
- Make written agreements to identify and define transferred property, rights and liabilities Local authority
(1) Where a transfer to which this Schedule applies relates...
- Execute land registration documents for transferred property
(1) Without prejudice to the generality of paragraphs 6 to...
Other duties (1) — Crown / regulator
- Education Transfer Council must notify affected persons when rights split Statutory regulator
Browse 221 other Schedules — structural / supplementary
(1) In section 27 of that Act (special provisions as...
(1) In section 28 of that Act (special provisions as...
The word “education" shall be substituted for the word “instruction"—...
In section 77 of that Act (inspection of educational establishments)—...
In section 114(1) of that Act (interpretation) the word “education"...
(1) In Schedule 5 to that Act (procedure for preparing...
In the Child Care Act 1980 the word “education" shall...
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(1) The Authority may, with the approval of the Secretary...
(1) The Secretary of State may make grants to the...
The Authority may authorise the chairman, the deputy chairman, the...
The validity of proceedings of the Authority shall not be...
The Authority shall have power to regulate its own procedure...
The application of the seal of the Authority shall be...
Any document purporting to be an instrument made or issued...
The Authority shall not be regarded as a servant or...
The Authority shall have power to do anything which is...
(1) The Authority shall also have power to furnish assistance,...
(1) The Authority shall have a chief officer who shall...
(1) A person shall hold and vacate office as a...
(1) If the Secretary of State is satisfied that a...
(1) The Authority— (a) shall pay the members of the...
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(1) This paragraph applies in relation to any appointment to...
Nothing in paragraphs 4 and 6 to 9 above shall...
(1) References in this Schedule to a vacancy in any...
(1) Subject to sub-paragraph (2) below, sub-paragraphs (4) to (11)...
(1) The chief education officer of the local education authority...
(1) Where the governing body of any school to which...
(1) In the case of any vacancy in the office...
(1) In the case of any school to which section...
(1) Subject to sub-paragraph (2) below, a local education authority...
(1) This paragraph applies to any new school other than...
(1) For the purposes of that Chapter, a new school...
(1) In sections 43 and 50 of this Act—
Section 49 of this Act shall not apply in relation...
Section 50(9) of this Act shall not apply in relation...
(1) Section 51(4) of this Act shall not apply in...
(1) Where the Secretary of State approves proposals for acquisition...
No provision of the instrument of government for such a...
In relation to a member of the initial governing body...
For the purposes of subsection (10) of section 56, a...
The provision that may be made by an order under...
(1) The Secretary of State may make grants to the...
The duty of a local education authority to maintain a...
At any time on or after the date on which...
On and after the incorporation date in relation to a...
A person who is a governor of any category (within...
Where the number of governors of any category for such...
The proceedings of the governing body of such a school...
The descriptions of courses referred to in sections 120(1) and...
For the purposes of paragraph 1(g) above a professional examination...
For the purposes of paragraph 1(h) above a course is...
(1) A higher education corporation in Wales established under section...
If at any time a corporation are satisfied that any...
A corporation shall have power to pay to the members...
(1) The members of a corporation shall elect a chairman...
(1) A corporation may establish a committee for any purpose....
The validity of any proceedings of a corporation or of...
In the event of an equality of votes at any...
The application of the seal of the corporation shall be...
Every document purporting to be an instrument made or issued...
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(1) Paragraphs 3 and 4 below provide for the initial...
(1) A corporation shall consist of— (a) not less than...
(1) The initial nominee members of a corporation shall consist...
(1) The Secretary of State is the appointing authority for...
(1) Appointments of members of a corporation at any time...
(1) A member of a corporation shall hold and vacate...
(1) Subject to the following provisions of this paragraph, a...
The instrument shall empower the corporation to change their name...
References in this Schedule, in relation to a corporation, to...
The instrument shall make provision for the membership of the...
(1) The corporation shall consist of— (a) not less than...
(1) The corporation shall make a determination with respect to...
(1) Subject to section 124C of this Act, no appointment...
Subject to any other requirements of this Act, the instrument...
The instrument may provide for the corporation to establish committees...
The instrument may provide for the corporation to pay allowances...
References below in this Schedule to the Corporation are references...
The Universities Funding Council shall establish committees under paragraph 9...
The Corporation may authorise the chairman, the chief officer or...
Without prejudice to any other rights the Secretary of State...
The validity of any proceedings of the Corporation or of...
Subject to the preceding provisions of this Schedule, the Corporation...
The application of the seal of the Corporation shall be...
Every document purporting to be an instrument made or issued...
(1) Subject to sub-paragraph (2) below, the Corporation shall have...
(1) One of the members of the Corporation shall be...
(1) A person shall hold and vacate office as a...
If the Secretary of State is satisfied that a member...
(1) The Corporation— (a) shall pay to the members of...
In Part III of Schedule 1 to the House of...
(1) The Corporation may appoint such employees as the Corporation...
(1) The full-time equivalent enrolment number at any time of...
The following table applies for the purpose of determining the...
(1) For the purposes of paragraph 1(1)(a) above a student...
The Secretary of State may by order amend paragraphs 1...
For the purpose of determining under those paragraphs the full-time...
(1) Any property, rights and liabilities of a transferor authority...
When it appears to the Education Transfer Council, in the...
(1) The Education Transfer Council shall notify the Secretary of...
The Education Transfer Council may issue a certificate stating that...
(1) Where in the case of any transfer to which...
(1) Without prejudice to the generality of paragraph 6 above,...
The provisions of paragraphs 6 and 7 above shall have...
(1) The Secretary of State shall appoint five persons to...
(1) A person may at any time by notice in...
(1) Subject to sub-paragraph (2) below, the Commissioners’ duties and...
The Commissioners shall have power to do anything which appears...
The Secretary of State may pay the Commissioners such remuneration...
(1) The Commissioners may appoint such employees as they think...
The expenses of the Commissioners shall be defrayed by the...
(1) The Secretary of State shall appoint one of the...
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(1) Section 43 of that Act (freedom of speech in...
(1) Section 49(3) of that Act (appraisal of performance of...
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In section 61(1) of that Act (minimum age for governors...
In section 65(1) of that Act (interpretation) after the definition...
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In paragraph 5(4) of Schedule 1 to the Local Government...
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(1) Section 40 of the Local Government (Miscellaneous Provisions) Act...
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In paragraph 1(1) of Schedule 5 to that Act (arrangements...
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In section 70 of the Local Government Act 1972 (restriction...
In section 78(2) of that Act (electoral arrangements: supplementary), for...
In section 146A(1)(a) of that Act (miscellaneous powers of local...
In section 177(2) of that Act (allowances to members of...
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In section 238 of that Act (evidence of byelaws), for...
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In section 35(4) of the Representation of the People Act...
In section 40(2) of that Act (timing as to local...
In section 1(1) of the Health Service Joint Consultative Committees...
(1) Section 7 of the Disabled Persons (Services, Consultation and...
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In section 97(7) of the Factories Act 1961 (facilities for...
In Schedule 3 to the Veterinary Surgeons Act 1966 (treatment...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (which...
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(1) Section 8(2) of the Chronically Sick and Disabled Persons...
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In paragraph 5(2) of Schedule 5 to the Local Government...
In section 22 of the Sex Discrimination Act 1975 (discrimination...
In section 24(2) of that Act (power to designate institutions)—...
In section 25(6)(c) of that Act (general duty in public...
In section 28 of that Act (exception for physical training),...
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In section 17 of the Race Relations Act 1976 (discrimination...
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(1) Section 4 of the Agricultural Training Board Act 1982...
(1) Section 5 of the Industrial Training Act 1982 (functions...
In section 13(1) of that Act (proposals for exemption certificates)—...
In section 14 (exemption certificates), in subsection (1) for the...
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In section 40(2) of the Local Government (Miscellaneous Provisions) Act...
(1) Section 1 of the Education (Fees and Awards) Act...
(1) Section 1 of the Further Education Act 1985 (supply...
(1) Section 2 of that Act (powers of local authorities...
In section 3(8)(a) (financial and accounting provisions), for the word...
In paragraph 10(4) of Schedule 1 to the Housing Act...
In paragraph 2 of Schedule 6 to the Agricultural Holdings...
(1) Section 5 of the Disabled Persons (Services, Consultation and...
In section 6(1) of that Act (review of dates when...
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Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Counter-terrorism - the Prevent duty - Office for Students (opens in a new tab) from OfS Detailed Guidance
- Glossary - Office for Students (opens in a new tab) from OfS Detailed Guidance
- 2. Eligibility - Office for Students (opens in a new tab) from OfS Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Students
Independent regulator for higher education in England. Registers and monitors higher education providers. Ensures students receive quality education and value for money.
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