SCHEDULE 3ASSESSING HIGHER EDUCATION: DESIGNATED BODY

PART 1DESIGNATION

I21Designation

1

The Commission may designate a body to exercise its assessment functions.

2

The Commission may designate a body under sub-paragraph (1) only if it considers that—

a

the body is suitable to exercise the assessment functions, and

b

designating the body would be appropriate for securing the effective assessment of the quality of higher education provided by tertiary education providers in Wales.

3

Before designating a body, the Commission must—

a

obtain the consent of the Welsh Ministers, and

b

consult—

i

each registered provider providing higher education, and

ii

such other persons as it considers appropriate.

4

If the Commission decides to designate a body under sub-paragraph (1) it must—

a

notify the body of the designation before the date on which the designation takes effect (“the effective date”), and

b

publish notice of the designation before that date.

5

The notice of the designation must state—

a

the name of the body, and

b

the effective date.

6

If the Welsh Ministers do not give their consent under sub-paragraph (3)(a), they must publish the reasons for not doing so.

Annotations:
Commencement Information
I2

Sch. 3 para. 1 not in force at Royal Assent, see s. 148(2)

I12Bodies suitable to exercise assessment functions

1

A body is suitable to exercise the assessment functions if the body satisfies the conditions in sub-paragraph (2).

2

The conditions are—

a

that the body is capable of exercising the assessment functions in an effective manner,

b

the persons who determine the strategic priorities of the body represent a broad range of registered providers providing higher education,

c

the body commands the confidence of registered providers providing higher education,

d

the body exercises its functions independent of any particular higher education provider, and

e

the body consents to being designated under this Schedule.

Annotations:
Commencement Information
I1

Sch. 3 para. 2 not in force at Royal Assent, see s. 148(2)

I33Removal of designation

1

The Commission may by notice remove a designation under this Schedule.

2

The notice must—

a

include the reasons for the Commission’s decision, and

b

specify the date on which the designation is removed.

3

The Commission may remove a designation only if—

a

the Commission is satisfied that removing the designation would be appropriate for securing the effective assessment of the quality of higher education provided by tertiary education providers in Wales, or

b

the designated body consents to the removal of the designation.

4

Unless sub-paragraph (3)(b) applies, the Commission must, before removing the designation—

a

obtain the consent of the Welsh Ministers, and

b

consult—

i

each registered provider providing higher education, and

ii

such other persons as it considers appropriate.

5

The Commission must publish a notice under this paragraph.

6

If the Welsh Ministers do not give their consent under sub-paragraph (4)(a), they must publish the reasons for not doing so.