Section 73: Duty to co-operate
229.Section 73 requires governing bodies of external providers (see section 54) to co-operate with persons who are exercising, on behalf of the Commission, functions under the following sections of the Act:
section 51 - duty to monitor, and promote improvement in, the quality of regulated tertiary education;
section 53 - reviews relevant to the quality of tertiary education;
section 54(1) - assessment of the quality of higher education.
230.This section also requires governing bodies of unregistered providers in Wales that provide further education and are funded under section 96, to co-operate with persons who are exercising, on behalf of the Commission, functions under the following sections of the Act:
section 51 - duty to monitor, and promote improvement in, the quality of regulated tertiary education;
section 53 - reviews relevant to the quality of tertiary education
231.The duty to co-operate requires such governing bodies to ensure the provision of information, assistance and access to facilities, systems or equipment that might be required by the person for the purposes of those functions.
232.Examples of persons that might act on the Commission’s behalf in respect of these functions include Estyn and a body designated to conduct higher education assessments under Schedule 3.
233.The duty imposed on governing bodies to co-operate under section 73 also applies in respect of powers of entry and inspection under section 74.
234.The Commission may give a direction to a governing body if the Commission is satisfied that the body has failed to comply with its duty to co-operate. The direction may require a governing body to take or not take steps to secure the provision of information, assistance or access to facilities, systems or equipment (subsection (4)). The procedural requirements in sections 75 to 78 apply to decisions to give directions.
