My Lords, I assure the Committee that there is a clear obligation on the OfS to consult when it first determines the initial and ongoing registration conditions and on significant subsequent changes. This will be taken forward through the consultation on the regulatory framework under which the OfS will operate. Clause 69 is clear that, before the OfS can publish its regulatory framework, it must first undertake a wide-ranging consultation.
Subject to the passage of the Bill, the consultation on the new regulatory framework will take place in autumn 2017, so the OfS can begin accepting and assessing applications from new and existing providers in 2018, in time for the 2019-20 academic year. I hope the noble Lord, Lord Stevenson, has taken note of this timetable. We mentioned it earlier in Committee—I think on the first day. We are deliberately taking our time over the introduction of the new regulatory framework and regime. We are not rushing into this. The OfS must have time to consult fully and take on board the views of a very wide range of stakeholders. The new regulatory approach to higher education will be very carefully introduced.
Clause 69 places a very clear duty on the OfS to take into account representations from every part of the sector. It makes provision for the OfS to consult any persons that it considers appropriate and is drafted in such a way that it gives the OfS discretion to consult higher education staff.
On the question of students, which the noble Lord, Lord Stevenson, raised, we will look to the OfS strongly to encourage providers to engage and consult with students and other stakeholders as a matter of good practice. However, we do not believe that it is right to be prescriptive further than that.
The OfS register will cover all providers regulated by the OfS and will share some similarities with HEFCE’s register of providers. However, whereas HEFCE’s register is primarily a regulatory tool, the OfS register is aimed squarely at students. I reassure the Committee that, although the Bill states that the Secretary of State “may” make regulations, this is standard legislative drafting. It is not meant to imply that the Secretary of State will not do so; I can assure noble Lords that she
will. I can also assure noble Lords that the Government firmly expect the OfS to consult on how it will run the register. With that explanation, I ask the noble Lord to withdraw his amendment.