PART 3SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH

Financial support directions

I1110Financial support directions

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.