PART 3

SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH

Financial support directions

Financial support directions
110
1
The Welsh Ministers may give the Commission financial support directions in relation to a relevant person.
2
Financial support directions may be given only if it appears to the Welsh Ministers that the financial affairs of the relevant person have been or are being mismanaged.
3
“Financial support directions” are such directions about the provision or securing of financial resources under section 88, 89, 97, 101, 103, 104 or 105 to a relevant person as the Welsh Ministers consider necessary or expedient because of the mismanagement.
4
In this section, “relevant person” means—
a
a registered provider;
b
a person (other than a registered provider or the governing body of a maintained school) in receipt of financial resources provided or secured by the Commission under section 88(2), 89, 97, 101, 103, 104 or 105(2).
5
Before giving a financial support direction, the Welsh Ministers must consult the Commission and the relevant person unless the Welsh Ministers are satisfied that—
a
it is necessary to give the direction before it would be practicable to consult the Commission and the relevant person, or
b
consultation would defeat the object of giving the direction.
6
If the Welsh Ministers give a financial support direction, they must—
a
publish the direction,
b
report to Senedd Cymru that a direction has been given and lay a copy of the direction before the Senedd, and
c
keep the direction under review.
7
The Commission must comply with a financial support direction given under this section.
S. 110 not in force at Royal Assent, see s. 148(2)