(1)In this section—
“monitoring authority” has the meaning given by subsection (4);
“relevant further education body” means the governing body or proprietor of an institution in England or Wales that—
is subject to the duty imposed by section 26(1), and
is subject to that duty because it is an institution at which more than 250 students are undertaking courses in preparation for examinations related to qualifications regulated by the Office of Qualifications and Examinations Regulation or the Welsh Government;
“relevant higher education body” means the governing body or proprietor of an institution in England or Wales that is subject to the duty imposed by section 26(1) because it is—
a qualifying institution within the meaning given by section 11 of the Higher Education Act 2004, or
an institution at which more than 250 students are undertaking courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses).
(2)A relevant further education body or relevant higher education body must give to the monitoring authority any information that the monitoring authority may require for the purposes of monitoring that body’s performance in discharging the duty imposed by section 26(1).
(3)The information that the monitoring authority may require under subsection (2) includes information which specifies the steps that will be taken by the body in question to ensure that it discharges the duty imposed by section 26(1).
(4)The “monitoring authority” for a relevant further education body or a relevant higher education body is—
(a)the Secretary of State, or
(b)a person to whom the Secretary of State delegates the function under subsection (2) in relation to that body.
The Secretary of State must consult the Welsh Ministers before delegating the function under subsection (2) in relation to institutions in Wales.
(5)A delegation under subsection (4)(b) must be made by giving notice in writing to the person to whom the delegation is made if—
(a)that person is Her Majesty’s Chief Inspector of Education, Children’s Services and Skills or Her Majesty’s Chief Inspector of Education and Training in Wales, and the function is delegated in relation to relevant further education bodies;
(b)that person is the Higher Education Funding Council for England or the Higher Education Funding Council for Wales, and the function is delegated in relation to relevant higher education bodies.
(6)Otherwise, a delegation under subsection (4)(b) must be made by regulations.
(7)The Secretary of State must publish any notice given under subsection (5).
(8)Regulations under subsection (6) are to be made by statutory instrument; and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
(9)In this section—
(a)“institution in England” means an institution whose activities are carried on, or principally carried on, in England, and includes the Open University;
(b)“institution in Wales” means an institution whose activities are carried on, or principally carried on, in Wales.