Proposals for legislative change to the regulatory framework of higher education in England, as envisaged in 2011, were delayed, but a comprehensive "operating framework" was designed and a Register of providers created. The Green Paper published in November 2015 includes proposals influenced by the recent work of the Competition and Markets Authority, including the plan to encourage easier and quicker grant to alternative providers of degree-awarding powers and university title. It is recognised that this is likely to lead to the failure of some of these newcomers. For the first time a need to make provision for students to be "taught out" if they are unable to complete their qualifications at the provider they have chosen. This paper looks at the background to this current trend away from reliance on the stability so far of the publicly-funded university and at the implications for students needing "protection" if providers fail.