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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)If an application is made to the Secretary of State for the approval of a course for the purposes of section 2, he must decide whether to grant or refuse the application.
(2)In reaching that decision the Secretary of State—
(a)must have regard to the nature of the course and to whether the person providing it is an appropriate person both to provide it and efficiently and effectively to administer its provision; and
(b)may take into account any recommendations made by persons appointed by the Secretary of State to consider the application.
(3)A course may be approved subject to conditions specified by the Secretary of State.
(4)The approval of a course—
(a)is for the period specified by the Secretary of State (which must not exceed 7 years); and
(b)may be withdrawn by him at any time.
(5)Regulations made by the Secretary of State may make provision in relation to the approval of courses and may, in particular, include—
(a)provision about the making of applications for approval;
(b)provision for the payment of fees, of such amounts as are prescribed by the regulations, in respect of applications for approval, the giving of approvals, or both;
(c)provision specifying the maximum fees that a person may be required to pay for a course and about when fees for courses have to be paid;
(d)provision for the monitoring of courses and of persons providing courses;
(e)provision about the withdrawal of approvals; and
(f)provision authorising the Secretary of State (whether on payment of a fee or otherwise) to make available information about courses and about persons providing courses.
(6)The Secretary of State—
(a)may issue guidance about the conduct of approved courses; and
(b)in exercising the powers and duties conferred or imposed on him by or under subsections (1) to (5) must have regard to the guidance under this subsection that is for the time being in force.
(7)Also, a court must have regard to that guidance in determining what for the purposes of section 13 constitutes reasonable instructions or reasonable requirements by a person providing an approved course.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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