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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

19De-registration by the OfS: procedure

This section has no associated Explanatory Notes

(1)Before removing a registered higher education provider from the register under section 18, the OfS must notify the governing body of the provider of its intention to do so.

(2)The notice must—

(a)specify the OfS’s reasons for proposing to remove the provider from the register,

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

(c)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 OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to remove it from the register.

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

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

(7)The notice must also contain information as to—

(a)the grounds for the removal,

(b)rights of appeal, and

(c)the period within which an appeal may be made.

(8)A removal under section 18 may not take effect at any time when—

(a)an appeal under section 20(1)(a) or (b), or a further appeal, could be brought in respect of the decision to remove, or

(b)such an appeal is pending.

(9)But that does not prevent a removal taking effect if the governing body of the provider notifies the OfS that it does not intend to appeal.

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

(11)But that is subject to what has been determined on any appeal under section 20(1)(a) or (b), or any further appeal, in respect of the decision to remove.

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