Higher Education (Wales) Act 2015

29 Procedure if draft Code not approved by Welsh Ministers

(1) This section applies if the Welsh Ministers decide not to approve a draft of the first Code, or of a revised Code, submitted to them under section 28.

(2) The Welsh Ministers must give HEFCW notice of the decision and the reasons for it.

(3) If the Welsh Ministers give HEFCW notice under subsection (2) that they have decided not to approve a draft of the first Code, HEFCW must submit a further draft of the first Code to the Welsh Ministers.

(4) If the Welsh Ministers give HEFCW notice under subsection (2) that they have decided not to approve a draft of a revised Code, HEFCW must either—

(a) submit a further draft of the revised Code to the Welsh Ministers, or

(b) give the Welsh Ministers notice—

(i) stating that HEFCW have decided not to proceed with the revision of the Code, and

(ii) setting out the reasons for that decision.

(5) Notice under subsection (2) may specify a period before the end of which HEFCW must comply with subsection (3) or (4) (as appropriate).

(6) Before submitting a further draft of the first Code or revised Code to the Welsh Ministers, HEFCW must carry out any further consultation that they think appropriate.

(7) A further draft submitted to the Welsh Ministers under this section must be accompanied by a report—

(a) explaining how, in preparing the draft, HEFCW have taken into account the reasons set out in the notice given by the Welsh Ministers under subsection (2),

(b) setting out HEFCW’s reasons for the terms of the draft, and

(c) giving details of any consultation carried out under subsection (6) in relation to the draft and summarising the representations received by HEFCW during the consultation.

(8) Subsections (2) to (7) apply where the Welsh Ministers decide not to approve a draft submitted to them under this section as they apply where the Welsh Ministers decide not to approve a draft submitted to them under section 28.