Tertiary Education and Research (Wales) Act 2022

39 Directions in respect of failure to comply with ongoing registration conditions

(1) The Commission may give the governing body of a tertiary education provider a direction under this section if it is satisfied that the governing body has failed, or is likely to fail, to comply with an ongoing registration condition.

(2) In the case of a failure, or likely failure, to comply with an ongoing registration condition, the Commission may direct the governing body to comply with the condition.

(3) In the case of a failure to comply with a fee limit condition, the Commission may also, as an alternative or in addition to a direction described in subsection (2), direct the governing body to reimburse excess fees paid to the tertiary education provider.

(4) A direction under this section may specify steps that are (or are not) to be taken by the governing body for the purpose of compliance with the condition.

(5) A direction of the kind described in subsection (3) may specify the manner in which reimbursement of excess fees is to be, or may be, effected.

(6) If the Commission gives a direction under this section, it must—

(a) give a copy of the direction to the Welsh Ministers;

(b) publish the direction.

(7) “Excess fees” are regulated course fees to the extent that those fees exceed the applicable fee limit (as quantified for the purposes of the duty under section 32 with which the governing body has failed to comply).

(8) For procedural provision about directions under this section, see sections 75 to 78.