Tertiary Education and Research (Wales) Act 2022

Prospective

Warning and review procedure E+W

75 Application of sections 76 to 78 E+W

(1) Sections 76 to 78 apply to—

(a) a direction under section 39 (directions in respect of failure to comply with ongoing registration conditions);

(b) notice under section 47(2)(b) (rejection of proposed fee limit statement);

(c) notice under section 47(4)(b) (rejection of proposed variation or replacement of a fee limit statement);

(d) a direction under section 73(4) (directions in respect of failure to co-operate).

(2) But those sections do not apply to a direction that provides only for the revocation of an earlier direction.

Commencement Information

I1 S. 75 not in force at Royal Assent, see s. 148(2)

76 Proposed notices and directions: requirement to give warning notice E+W

(1) Before giving a governing body a notice or direction to which this section applies, the Commission must give the governing body a warning notice.

(2) The warning notice must—

(a) set out the proposed notice or direction,

(b) state the reasons for proposing to give it,

(c) specify the period during which the governing body may make representations about the proposed notice or direction (“the specified period”), and

(d) specify the way in which those representations may be made.

(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(4) The Commission must have regard to any representation made by the governing body in accordance with the warning notice in deciding whether to give the notice or direction.

(5) Having decided whether to give the notice or direction, the Commission must notify the governing body of its decision.

Commencement Information

I2 S. 76 not in force at Royal Assent, see s. 148(2)

77 Information to be given with notices and directions and effect pending review E+W

(1) If the Commission gives a governing body a notice or direction to which this section applies, the notice or direction must specify the date on which it takes effect.

(2) The Commission must, at the same time it gives the notice or direction, give the governing body a statement specifying—

(a) the reasons for giving the notice or direction,

(b) information as to the right of review, and

(c) the period specified in regulations under section 79(4)(c) within which an application for review may be made.

(3) A notice or direction to which this section applies may not take effect at any time when—

(a) an application for review under section 78 could be brought in respect of the notice or direction, or

(b) a review or a decision by the Commission following such a review is pending.

(4) But that does not prevent a notice or direction taking effect if the governing body notifies the Commission that it does not intend to apply for a review.

(5) Where subsection (3) ceases to prevent a notice or direction taking effect on the date specified under subsection (1), the Commission must determine a future date on which the notice or direction takes effect.

(6) But that is subject to what has been determined by the Commission following any review under section 78 in respect of the notice or direction.

Commencement Information

I3 S. 77 not in force at Royal Assent, see s. 148(2)

78 Review of notices and directions E+W

If the Commission gives a governing body a notice or direction to which this section applies, the governing body may apply for a review of the notice or direction by the decision reviewer.

Commencement Information

I4 S. 78 not in force at Royal Assent, see s. 148(2)

79 Decision reviewer E+W

(1) The Welsh Ministers must appoint a person, or a panel of persons, to review decisions under sections 45 and 78.

(2) The Welsh Ministers may pay remuneration and allowances to persons appointed under subsection (1).

(3) The Welsh Ministers must, by regulations, make provision in connection with reviews by the decision reviewer under sections 45 and 78.

(4) The regulations may, among other things, make provision—

(a) about the grounds on which the decision reviewer may make recommendations to the Commission;

(b) about the kinds of recommendation that may be made by the decision reviewer to the Commission;

(c) about the period within which, and the way in which, an application must be made;

(d) about the procedure to be followed by the decision reviewer;

(e) about steps to be taken by the Commission or the Welsh Ministers following a review.

(5) In this Part, “the decision reviewer” means the person or panel of persons appointed under subsection (1).

Commencement Information

I5 S. 79 not in force at Royal Assent, see s. 148(2)