keep The Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019
These Regulations establish the Office for Students (OfS) enforcement powers regarding higher education providers in England, setting monetary penalty caps (higher of 2% of qualifying income or £500,000) and procedural requirements for refusing to renew access and participation plans. They detail calculation methods for qualifying income, criteria the OfS must consider when imposing penalties or refusing plan renewals, notification requirements, representations processes, and a mandatory review body procedure for providers to challenge provisional decisions.
Without these regulations, there would be no defined framework limiting OfS penalty powers or procedural safeguards for providers. The 2%/£500k cap actually constrains regulatory overreach rather than enabling it. The review process provides essential due process. While higher education providers are not perfect markets, they receive significant public funding and make commitments under access and participation plans—accountability mechanisms serve a legitimate purpose that general contract law cannot adequately replace. Deletion would create regulatory uncertainty without improving market dynamics.