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.
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.
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.