Explanatory Notes

Higher Education (Wales) Act 2015


12 March 2015

Commentary on Sections of the Act

Part 4 – Financial Affairs of Regulated Institutions

Section 36 - Financial management: powers of entry and inspection

100.This section provides for a right of entry and inspection for the purposes of exercising functions under section 31 (monitoring compliance with the Code) or 34(2) (review of matters relating to compliance with the Code).

101.A person authorised in writing by HEFCW may enter the premises of a regulated institution for those purposes. An authorised person may also inspect, copy or take away documents found on the premises.

102.The power of entry and inspection may only be exercised after giving the governing body reasonable notice. However, the requirement for reasonable notice is not required in cases of urgency or where giving notice would defeat the object of exercising the power of entry or inspection. Entry without notice might be appropriate where HEFCW consider that relevant documents are likely to be removed from the institution’s premises or destroyed if notice is given, or where HEFCW are satisfied that there is a likelihood of imminent financial failure.

103.The power of entry and inspection may only be exercised at reasonable times and does not include a power to enter a dwelling (such as staff or student accommodation) without the agreement of the occupier.

104.Before exercising a power under this section a person must produce a copy of their authorisation from HEFCW if required to do so.