Restricted postgraduate student loan eligibility to specific types of franchised providers and established a 300-student limit for unregistered teaching institutions.
This instrument amends the regulatory framework for postgraduate Master’s and Doctoral loans in England to restrict which franchised courses qualify for government student support.
It directs that courses starting on or after 1 September 2028 are only designated for finance if the teaching provider is either registered with the Office for Students (OfS), is a specific exempt public body, or is an unregistered "below-threshold" provider with fewer than 300 students.
The regulations apply to higher education providers in England and the Secretary of State, establishing a system for determining student populations, issuing status notices, and managing appeals.
Arguments For
The order states that automatic designation for student finance will be restricted to ensure courses are delivered by providers meeting specific regulatory or size-based criteria.
Proponents argue the measures strengthen oversight of franchised postgraduate provision by requiring unregistered providers to remain below a 300-student threshold or seek formal registration.
The legislation provides a mechanism for the Secretary of State to revoke course designation if a provider's student population exceeds the specified limit, intended to maintain the intended scope of the exemptions.
Arguments Against
Legal scholars may question the complexity of the "franchised student" calculation, which relies on determining if more than 50% of modules are taught by a specific provider.
Affected agencies might express concern over the administrative burden of the mandatory notification requirements for providers expecting to exceed the 300-student threshold.
Higher education providers may identify implementation difficulties regarding the three-year lag in the "calculation reference period" used to determine student population data.
Part 1
General
Citation, commencement, extent, application and interpretation
- -(1) These Regulations may be cited as the Education (Student Support for Postgraduate Provision) (Amendment) Regulations 2026.
- (2) These Regulations come into force on 25th June 2026.
- (3) These Regulations extend to England and Wales but apply in relation to England only.
- (4) In these Regulations-
'the Postgraduate Doctoral Degree Regulations' means the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018;
'the Postgraduate Master's Degree Regulations' means the Education (Postgraduate Master's Degree Loans) Regulations 2016.
This part establishes the name and effective date of the regulations as 25 June 2026.
It limits the legal application of these rules to England.
It also defines the primary 2016 and 2018 postgraduate loan regulations that this document amends.
Part 2
Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
- The Postgraduate Doctoral Degree Regulations are amended in accordance with this Part. [Sections 3-5 omitted for brevity, defining 'qualifying franchised provider' and updating designated course definitions to include the 1 September 2028 cutoff.]
Part 2 modifies the existing rules for Doctoral degree loans.
It introduces the concept of a 'qualifying franchised provider' and sets a deadline of September 2028 for new eligibility requirements to apply to these courses.
Insertion of new Chapter 2A (designation of courses taught or delivered by franchised providers)
- After regulation 8, insert-
'Chapter 2A
Designation of Courses Taught or Delivered by Franchised Providers
Interpretation of Chapter 2A
8A. [Definitions including 'below-threshold franchised provider', 'exempt franchised provider', 'implementation year', and 'lead provider'.]
Meaning of 'franchised provider', 'franchised student', 'student population', 'unregistered franchised provider', 'below-threshold franchised provider' and 'qualifying franchised provider'
8B. -(1) In these Regulations, a provider is a 'franchised provider' in respect of a course where- (a) it delivers or teaches the course... on behalf of that registered provider. (2) A student is a 'franchised student' where... more than 50% of the modules... is taught by [the franchised provider]. (5) ...'student population' means the total number of franchised students... as published by the OfS. (12) An unregistered franchised provider is a 'below-threshold franchised provider' where (a) it is not an exempt franchised provider, and (b) it has a student population of less than 300.
8C. [Courses beginning on or after 1st September 2028 will not be designated unless the franchised provider is a qualifying franchised provider.]
8D. [Secretary of State determines student population during each designation period based on OfS data.]
8E-8H. [Provisions for Notices of Status, appeals, and a 'correction year' for revoking designation if thresholds are exceeded.]'
This section inserts a detailed regulatory framework for franchised Doctoral courses.
It defines 'franchised students' as those receiving more than 50% of their teaching from a partner provider rather than the lead registered institution.
It establishes a 300-student threshold for unregistered providers to remain eligible for student funding and creates an appeal process for providers to contest their status or student population counts.
Part 3
Amendment of the Education (Postgraduate Master's Degree Loans) Regulations 2016
[Sections 7-11 mirror the amendments in Part 2, applying the identical franchised provider framework and 300-student threshold to Postgraduate Master's Degree Loans.]
Part 3 replicates the Doctoral loan changes for Master's degree loans.
It ensures that the definition of qualifying franchised providers and the September 2028 implementation date remain consistent across both postgraduate funding streams.
Part 4
Transitional Provisions
-(1) This regulation applies where... (b) that franchised provider has, before 1st July 2026, submitted an application to be placed on the register... (2) That franchised provider will be treated as if it is a qualifying franchised provider for the academic year beginning with 1st September 2028.
[Provides a specific appeal window ending 31st August 2029 for providers regarding student population determinations during the transition.]
This part provides temporary relief for providers currently in the process of registering with the Office for Students.
If a provider applies for registration before July 2026 and meets certain criteria by September 2027, they are treated as 'qualifying' for the 2028/29 academic year even if their application is still pending.
It also sets a final expiration date for these transitional appeal rights in August 2029.
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