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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

60Appeals against revocation of authorisation

This section has no associated Explanatory Notes

(1)The governing body of an institution may appeal to the First-tier Tribunal against either or both of the following—

(a)a decision of the OfS to revoke, by an order under section 58(1), an authorisation, consent or other approval given to the institution to include the word “university” in its name;

(b)a decision of the OfS as to the date specified under section 59(6) as the date on which the revocation takes effect.

(2)On an appeal under subsection (1)(a), the Tribunal—

(a)must consider afresh the decision appealed against, and

(b)may take into account evidence that was not available to the OfS.

(3)An appeal under subsection (1)(b) may be on the grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

(4)On an appeal under subsection (1), the Tribunal may—

(a)withdraw the decision;

(b)confirm the decision;

(c)vary the date on which the revocation takes effect under the order to be made under section 58(1);

(d)remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the revocation takes effect), to the OfS.

(5)In the case of an appeal under subsection (1)(a), the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.

(6)An appeal under subsection (1)(a) against a decision to revoke an approval  may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.

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