Exempt charities – a guide for higher education providers

The OfS is the principal regulator for higher education providers that are exempt charities.

This means it has various roles.

'Compliance objective'

The OfS has a legal duty to do all that it reasonably can to make sure a charity’s trustees comply with their legal obligations. This is the OfS's 'compliance objective' under section 26 of the Charities Act 2011.

We will notify the Charity Commission if we have concerns that a provider is not complying with charity law, and may ask it to open a statutory inquiry. The OfS cannot investigate charity law matters itself. The Charity Commission can only open a statutory inquiry into a provider’s activities if the OfS asks it to do so.

If the Charity Commission wishes to use any of its powers in its dealings with a provider, it must consult with with the OfS.

What we do

To meet this objective, we:

• Publish information for providers about changes to the charity law obligations that apply to exempt charities. We encourage providers to subscribe to the OfS’s mailing list (‘OfS alerts’) to make sure they receive these briefings.
• Promote compliance with charity law by sharing with providers relevant guidance from the Charity Commission and the Fundraising Regulator.
• Work with other organisations to develop guidance to support trustees in understanding their own and the charity’s responsibilities under charity law.
• Notify the Charity Commission if the OfS has concerns that a provider which is an exempt charity has breached charity law or if we become aware of any other matter in which the Charity Commission has a regulatory interest.