Tertiary Education and Research (Wales) Act 2022

29 Specific ongoing registration conditions

(1) The Commission may, at the time of a tertiary education provider’s registration in a category of the register or later, impose such conditions on its registration in the category as the Commission may determine (“the specific ongoing registration conditions”).

(2) The Commission may at any time vary or remove a specific ongoing registration condition.

(3) Before—

(a) imposing a specific ongoing registration condition, or

(b) varying or removing a specific ongoing registration condition,

the Commission must notify the governing body of the tertiary education provider that it proposes to do so.

(4) The notice must—

(a) specify the Commission’s reasons for proposing to take the step in question,

(b) specify the period during which the governing body of the tertiary education provider may make representations about the proposal (“the specified period”), and

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

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

(6) The Commission must have regard to any representations made by the governing body of the tertiary education provider in accordance with the notice in deciding whether to take the step in question.

(7) Having decided whether or not to take the step in question, the Commission must—

(a) notify the governing body of the tertiary education provider of its decision, and

(b) publish the notice.

(8) If the Commission decides to impose a new specific ongoing registration condition or vary or remove a specific ongoing registration condition, the notice must—

(a) specify the new condition, the condition as varied or the condition being removed (as the case may be), and

(b) specify the date when the imposition, variation or removal takes effect.

(9) Where the notice relates to the imposition or variation of a specific ongoing registration condition, the notice must also specify—

(a) the grounds for the imposition or variation of the condition,

(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 a review may be made.

(10) A specific ongoing registration condition, or a variation to such a condition, may not take effect at any time when—

(a) an application for review under section 45(b) could be brought in respect of the decision to impose or vary the condition, or

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

(11) But that does not prevent a specific ongoing registration condition, or a variation to such a condition, taking effect if the governing body of the tertiary education provider notifies the Commission that it does not intend to apply for a review.

(12) Where subsection (10) ceases to prevent a specific ongoing registration condition, or a variation to such a condition, taking effect on the date specified under subsection (8), the Commission must determine a future date on which it takes effect.

(13) But that is subject to what has been determined by the Commission following any review under section 45(b) in respect of the decision to impose or vary the condition.