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Tertiary Education and Research (Wales) Act 2022

Warning and review procedure
Section 75: Application of sections 76 to 78

243.Sections 76 to 78 set out the process which the Commission must follow when issuing a direction or notice. The notices and directions to which those sections apply are listed in subsection (1) and include—

  • directions in respect of failure to comply with ongoing registration conditions;

  • notices about the rejection of a proposed fee limit statement;

  • notices of rejection of a proposed variation or replacement of a fee limit statement;

  • directions in respect of a failure to co-operate.

244.The Commission is not required to follow the process set out in sections 76 to 78 if it issues a direction which solely revokes a previous direction (subsection (2)).

Section 76: Proposed notices and directions: requirement to give warning notice

245.Before giving a governing body, a notice or direction listed in section 75(1), this section requires the Commission to give the governing body a warning notice. The warning notice must set out the proposed notice or direction, the reasons for giving it, the means by which the governing body may make representations regarding the notice or direction, and the period during which such representations can be made (subsection (2)). The period for making representations may not be less than 28 days beginning with the date of the notice (subsection (3)).

246.The Commission must have regard to any representations made by the governing body in the specified period in deciding whether to give the notice or direction and must then notify the governing body of its decision (subsections (4) and (5)).

Section 77: Information to be given with notices and directions and effect pending review

247.When giving a governing body a notice or direction listed in section 75(1), the Commission must include a date on which the notice or direction will take effect (subsection (1)). At the same time, the Commission must also give the governing body a statement setting out the reasons for the notice or direction being given, information regarding the right to review (see sections 78 and 79) and the period within which an application for review may be made (subsection (2)).

248.A notice or direction to which this section applies may not come into effect while a review process is ongoing nor during the period within which the governing body affected could apply for a review under section 78, unless the governing body concerned notifies the Commission that it does not intend to apply for a review (subsections (3) and (4)).

249.As a result, the notice or direction may be unable to come into effect on the date specified by the Commission under subsection (1). In this case, subject to the outcome of any review, the Commission must determine a new date on which the notice or direction will take effect (subsections (5) and (6)).

Section 78: Review of notices and directions

250.This section provides that a governing body given a notice or direction listed in section 75(1) has the right to apply for a review of the notice or direction by the decision reviewer.

Section 79: Decision reviewer

251.The Welsh Ministers must appoint a person or panel to be the “decision reviewer” and may pay remuneration and allowances to that person or panel (subsection (1)). The decision reviewer is responsible for the review of decisions under this Part.

252.The Welsh Ministers must make regulations in relation to decision reviews and the regulations may include, but are not limited to:

  • grounds for review;

  • recommendations to be made by the decision reviewer;

  • the period within which a request for a review may be made, and the form in which the request must be made;

  • the procedures and steps to be taken; and

  • steps to be taken by the Commission or the Welsh Ministers following a review (subsections (3) and (4)).

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