Monitoring and enforcement of registration conditions
Section 36: Commission duty to monitor compliance with ongoing registration conditions
117.This section requires the Commission to monitor each registered provider’s compliance with their ongoing registration conditions.
Section 37: Advice and assistance in respect of compliance with ongoing registration conditions
118.The Commission may provide advice and assistance to registered providers in order to aid compliance with registration conditions.
Section 38: Reviews relevant to compliance with ongoing registration conditions
119.The Commission may, if it deems appropriate, carry out a review of matters relevant to a registered provider’s compliance with registration conditions. The Commission may also arrange for such a review to be carried out by another appropriate body; for example, by Her Majesty’s Chief Inspector or the designated quality body (see Chapter 2 of this Part) for matters in respect of the mandatory ongoing registration condition concerning quality.
Section 39: Directions in respect of failure to comply with ongoing registration conditions
120.Where the Commission is satisfied that a provider has failed (or is likely to fail) to comply with an ongoing registration condition, this section allows the Commission to direct the provider to take certain actions to comply with the condition. This might follow on from previous steps taken by the Commission to ensure compliance with registration conditions, such as advice and assistance (section 37) and reviews (section 38).
121.In respect of a failure to comply with a fee limit condition, the Commission may also direct a provider to repay to students any fee monies which have exceeded the fee limit (“excess fees”), and the manner in which it must do so (subsections (3), (4) and (5)).
122.Any directions issued to providers by the Commission must be published and a copy provided to the Welsh Ministers (subsection (6)).
123.The Commission must comply with the procedures set out in sections 75 to 78 when giving directions under section 39.
Section 40: Supplementary provision about directions under section 39
124.The Commission may issue guidance about how providers should comply with any directions issued under section 39 and must first consult registered providers and other appropriate providers regarding the content of this guidance.
