Tertiary Education and Research (Wales) Act 2022

Collaborating bodies: consent

109 Consent for payments to collaborating bodies‍

(1) The Commission may give consent for the purpose of section 88(4)‍, 89(5)‍, 97(5), 104(4)‍ or 105(5)‍ generally or in relation to a specific payment or a specific collaborating body.

(2) The Commission may give consent for the purpose of any of those provisions subject to conditions.

(3) The conditions must include a requirement that the person to whom financial resources are being provided or secured under section 88, 89, 97, 104 or 105 (as the case may be) makes arrangements for the purpose of ensuring that the resources paid to a collaborating body are managed efficiently and used in a way that provides value for money.

(4) The Commission may withdraw, suspend or vary consent given for the purpose of any of those provisions, and where consent has been given generally, it may do so generally or in relation to a specific payment or a specific collaborating body.

(5) Before withdrawing, varying or suspending consent, the Commission must give notice to the person to whom financial resources are being provided or secured under section 88, 89 97, 104 or 105 (as the case may be).

(6) The notice must state—

(a) the reasons for proposing to withdraw, vary or suspend consent,

(b) the period during which representations about the proposed action may be made, and

(c) the way in which those representations may be made.

(7) The Commission must have regard to any representations made in accordance with the notice in deciding whether to withdraw, vary or suspend consent.

(8) The requirements in subsections (5) to (7) do not apply if the Commission is satisfied that it is necessary to withdraw, vary or suspend consent before it would be practicable to comply with those requirements.

(9) The Commission must keep consent given for the purpose of section 88‍(4)‍, 89(5)‍, 97(5)‍, 104(4)‍ or 105(5) ‍under review.