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5.—(1) An appeal against any decision by the Secretary of State —
(a)to withdraw approval from the school under regulation 4(1),
(b)not to approve, or not to approve a change to, or to withdraw approval from relevant arrangements(1) in relation to the school,
lies to the First-tier Tribunal(2) and must be brought by the proprietor of the school.
(2) On an appeal, the First-tier Tribunal may uphold the decision of the Secretary of State, or direct that it is of no effect.
(3) Where the First-tier Tribunal upholds a decision of the Secretary of State to withdraw approval, the school ceases to be approved under section 342 of the 1996 Act from such date as the First-tier Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.
For the meaning of “relevant arrangements” see section 342B of the 1996 Act.
The First-tier Tribunal is established under section 3 of the Tribunals, Courts and Enforcement Act 2007 (c.15).
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