PART 4FINANCIAL AFFAIRS OF REGULATED INSTITUTIONS

Financial management code

I129Procedure if draft Code not approved by Welsh Ministers

1

This section applies if the Welsh Ministers decide not to approve a draft of the first Code, or of a revised Code, submitted to them under section 28.

2

The Welsh Ministers must give HEFCW notice of the decision and the reasons for it.

3

If the Welsh Ministers give HEFCW notice under subsection (2) that they have decided not to approve a draft of the first Code, HEFCW must submit a further draft of the first Code to the Welsh Ministers.

4

If the Welsh Ministers give HEFCW notice under subsection (2) that they have decided not to approve a draft of a revised Code, HEFCW must either—

a

submit a further draft of the revised Code to the Welsh Ministers, or

b

give the Welsh Ministers notice—

i

stating that HEFCW have decided not to proceed with the revision of the Code, and

ii

setting out the reasons for that decision.

5

Notice under subsection (2) may specify a period before the end of which HEFCW must comply with subsection (3) or (4) (as appropriate).

6

Before submitting a further draft of the first Code or revised Code to the Welsh Ministers, HEFCW must carry out any further consultation that they think appropriate.

7

A further draft submitted to the Welsh Ministers under this section must be accompanied by a report—

a

explaining how, in preparing the draft, HEFCW have taken into account the reasons set out in the notice given by the Welsh Ministers under subsection (2),

b

setting out HEFCW's reasons for the terms of the draft, and

c

giving details of any consultation carried out under subsection (6) in relation to the draft and summarising the representations received by HEFCW during the consultation.

8

Subsections (2) to (7) apply where the Welsh Ministers decide not to approve a draft submitted to them under this section as they apply where the Welsh Ministers decide not to approve a draft submitted to them under section 28.