My Lords, the mandatory registration conditions placed on all providers are important and it is right that they are being debated. While I understand the reason for these amendments, existing provisions in the Bill provide sufficient protection for providers from unnecessary or unreasonable requests for information; the amendments are therefore unnecessary, but I will give some fuller explanations.
A key element of the Bill is that the OfS must act in a proportionate manner when formulating and exercising its regulatory powers. In accordance with Clause 2, the OfS must have regard to the principles of best regulatory practice including the principle that regulatory activities must be accountable and proportionate. As such, I can provide noble Lords with an assurance that any information the OfS requires for inclusion in the register will be restricted to that which is necessary for it to perform its functions or to enable students and others to make informed choices. We anticipate that a provider’s entry in the register will be factual and will include, for example, the provider’s registered name, the addresses of the governing body and the registered locations at which courses are delivered. We also anticipate that it will include the category of registration of a provider, whether that provider is subject to a fee limit and details of any quality reviews that have been undertaken. The Secretary of State will make regulations setting out the information to be contained in an institution’s entry in the register. I hope this reassures the House that the OfS will not seek excessive or unnecessary amounts of data from providers and, therefore, the requirement to notify the OfS of changes will not be frequent or onerous. Even then, the failure by a provider to notify the OfS of a change of detail would not necessarily, in itself, lead to sanctions. It would need to adopt a proportionate response taking into account the subject matter and the nature of the omission.
I turn to data that the OfS may request to perform its functions. Once again, proportionality is key here, as described in Clause 7. This stipulates that the conditions of registration, both initial and ongoing, must be proportionate to the degree of regulatory risk the provider presents. So the OfS must ensure that its requests for information are reasonable and proportionate. In respect of information that the OfS may require to enable publication of English higher education information, Clause 59 states that the OfS, or the designated body, must have regard to the desirability of reducing the burden on providers of collecting information and to the availability of data from other
sources. The OfS must also consult higher education providers and persons who represent, or promote the interests of, students and employers. This is to ensure that the data being requested are of demonstrable benefit and have the support of the sector and students. This should ensure that providers will only be subject to requests for information which are judged by the sector as adding value.
That was a little bit of a lengthy explanation but I hope that the noble Baroness and the noble Lord, Lord Stevenson, can agree that there are a number of important controls in place and that the noble Baroness will withdraw the amendment.