Conditional approval
22.—(1) Subject to paragraphs (2) and (3), the regulator may attach conditions to the approval, and re-approval, of courses of initial education and training, tests of knowledge of English, and AMHPs courses where—
(a)the relevant institution fails to respond to a request for information made under regulation 20(5) within the period specified in the request, or
(b)the regulator is satisfied on the basis of evidence obtained under regulation 20, or following an inspection, that the course, or test, does not meet the criteria for approval.
(2) Before attaching a condition to an approval or re-approval under paragraph (1), the regulator must notify the institution concerned—
(a)setting out its reasons and any evidence,
(b)specifying the time within which the regulator will propose the condition must be met, and whether the condition must be met before approval, or re-approval, will be given,
(c)specifying the period within which the institution may make observations on the matters raised, and
in the case of a course of initial education or training, must consider any impact of the proposed conditions on any person undertaking that course.
(3) The regulator must take no further steps to attach conditions to the approval or re-approval before—
(a)the end of the period specified under paragraph (2)(c), or
(b)where the institution notifies the regulator that it does not intend to make observations, the date on which that notification is given,
unless the regulator considers it is necessary to do so for the protection of the public.
(4) If, taking into account the matters referred to in paragraph (1), and any observations received from the institution concerned, the regulator determines that it is appropriate to attach a condition to the approval or re-approval, the regulator must notify the institution of that decision and the reasons for it, including the date from which the condition will apply and the date by which the condition must be complied with.