De-registration
Section 41: De-registration
125.The Commission has both a power and a duty to remove a provider from the register or from a category of the register in circumstances provided for in this section.
126.If a registered provider is no longer an ‘tertiary education provider in Wales’, or ceases to provide the type of tertiary education that is relevant to its category of registration (for example higher education, or further education), the Commission must remove that provider from either that particular category of the register, or from the register entirely. This is because the provider would no longer satisfy the conditions set out in section 25.
127.The Welsh Ministers may make regulations to specify other circumstances in which the Commission must remove providers from either a particular category of the register, or from the register entirely.
128.The Commission may remove a provider from the register or a category of the register if it appears to the Commission that the provider has breached one of its ongoing registration conditions and:
the Commission has previously issued a direction to that provider in relation to any breach of an ongoing registration condition, or
the Commission considers that issuing a direction under section 39 would be insufficient to deal with the breach.
129.Under subsections (6) and (7), the Welsh Ministers may make regulations establishing transitional arrangements where a provider is to be removed from the register or from a category of the register. This might involve temporarily treating the provider as a registered provider in a particular category, for example, in order to enable existing students at the provider to continue to receive student support.
130.The Commission must publish a list of any provider removed from the register or a category of the register, including reference to any regulations made under subsection (6).
Section 42: De-registration: procedure
131.This section establishes the process the Commission must follow when removing a provider from the register or a category of the register under section 41.
132.The Commission must notify the governing body of a registered provider of its intention to de-register the provider and its reasons for doing so. Providers will have a specified period to make representations to the Commission about the proposal. The Commission must have regard to any representations made during the specified period before deciding whether or not to remove the provider from the register or from a category of the register.
133.If the Commission decides to proceed with the de-registration decision, then the governing body of the provider may request a review (see section 45) of that decision by the decision reviewer (see section 79). Any notice of a decision by the Commission to de-register a provider must be accompanied with information as to the right of review.
134.A de-registration under section 41 cannot take effect while a review of the decision could be requested or is being undertaken, unless the provider notifies the Commission that it does not intend to apply for a review.
Section 43: Voluntary de-registration and de-registration with consent
135.Registered providers may apply, in a form determined by the Commission, to be removed from the register or a category of the register or may give consent to a proposal from the Commission to remove the provider from the register or a category of the register.
136.If a provider applies for de-registration in accordance with subsection (6), the Commission is obliged to accept the application and must specify a date for removal from the register or category of the register. The governing body of the provider is able to apply for a review by the decision reviewer of the decision regarding the date for removal (see section 45).
137.Where a provider applies to be removed from a category of the register, it may specify in its application that it is, at the same time, applying for registration in a different category. Where such an application to change categories is made, the effect of subsections (2) to (4) is that the Commission is not obliged to remove the provider from its existing category unless it is also able to register it in the new category.
138.As in section 41, the Welsh Ministers may make regulations establishing transitional arrangements (subsection (13)). This might involve temporarily treating the provider as a registered provider, for example, to enable existing students at the provider to continue to receive student support.
139.The Commission must publish a list of any providers removed from the register or a category of the register and of any regulations made under subsection (13).
Section 44: Change of registration category without application
140.Where a provider is removed from a category of the register under section 41(3) or 43(5), the Commission may register the provider in another category of the register if—
the governing body consents,
it continues to fall within the definition of “
tertiary education provider in Wales ” (see section 144(1)),it provides, or has provided on its behalf, the tertiary education relevant to the registration category,
it satisfies the relevant initial registration conditions (see section 27), and
registration is not prohibited under section 25(5).
