Tertiary Education and Research (Wales) Act 2022

Financial support directions

110 Financial 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.