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).
