Tertiary Education and Research (Wales) Act 2022

42 De-registration: procedure

(1) Before removing a registered provider from a category of the register under section 41, the Commission must notify the governing body of the provider that it proposes to do so.

(2) The notice must specify—

(a) the Commission’s reasons for proposing to remove the provider from a category of the register,

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

(c) 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 representations made by the governing body of the provider in accordance with the notice in deciding whether to remove it from a category of the register.

(5) Having decided whether or not to remove the provider from a category of the register, the Commission must notify the governing body of the provider of its decision.

(6) Where the decision is to remove the provider from a category of the register, the notice must specify the date on which the removal takes effect.

(7) The notice must also specify—

(a) the grounds for the removal,

(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.

(8) A removal under section 41 may not take effect at any time when—

(a) an application for a review under section 45(c) or (d) could be brought in respect of the decision to remove, or

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

(9) But that does not prevent a removal taking effect if the governing body of the provider notifies the Commission that it does not intend to apply for a review.

(10) Where subsection (8) ceases to prevent a removal taking effect on the date specified under subsection (6), the Commission must determine a future date on which the removal takes effect.

(11) But that is subject to what has been determined by the Commission following any review under section 45(c) or (d) in respect of the decision to remove.