PART 5FEE AND ACCESS PLANS: WITHDRAWAL OF APPROVAL ETC
Refusal to approve new fee and access plan
37Notice of refusal to approve new fee and access plan
1
If HEFCW are satisfied that a condition in subsection (3) is met in respect of a regulated institution, they may give notice under this section to the institution’s governing body.
2
Notice under this section is notice that HEFCW will not approve a new fee and access plan relating to the institution before the end of a period specified in the notice.
3
The conditions are that the governing body of the institution has failed to comply with—
a
section 10(1) (duty to ensure that regulated course fees do not exceed applicable fee limit),
b
a general requirement of the institution’s approved plan,
c
a direction under section 13 (directions in respect of failure to comply with general requirements of approved plan),
d
a direction under section 19 (directions in respect of inadequate quality), or
e
a direction under section 33 (directions in respect of failure to comply with the Code).
4
A governing body is not to be treated for the purposes of subsection (3)(b) as having failed to comply with a general requirement of an approved plan if HEFCW are satisfied that the governing body has taken all reasonable steps to comply with the requirement.
5
If HEFCW give notice under this section to the governing body of an institution, HEFCW must not approve a proposed fee and access plan relating to the institution before the end of the period specified in the notice.
6
Where HEFCW have given notice under this section—
a
they may withdraw the notice, and
b
if they do so, the restriction in subsection (5) ceases to apply.
7
Regulations may make provision about—
a
the period that may be specified in notice under this section;
b
matters to be taken into account by HEFCW in deciding whether to give or withdraw notice under this section;
c
the procedure to be followed in connection with the withdrawal of notice.
8
If the governing body of an institution that is not a regulated institution fails to comply with a direction under section 13, this section applies in relation to that institution as it applies in relation to a regulated institution.
9
For procedural provision about notice under this section, see sections 41 to 44.