Education and Skills Act 2008

125 Appeal by proprietor against other decisions of Secretary of State E+W

(1) The proprietor of an institution may appeal to the Tribunal against a decision of the Secretary of State in relation to the institution under—

(a) section 99(2) (standards not likely to be met on registration),

(b) section 104(1) (refusal to approve a material change),

(c) section 116(1)(a) (imposition of relevant restriction on proprietor), or

(d) section 118(5)(b) (refusal to vary or revoke a relevant restriction).

(2) Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.

(3) On an appeal under subsection (1)(a), the Tribunal may—

(a) confirm the decision, or

(b) require the Secretary of State to reconsider the decision, taking into account, amongst other things, the findings of the Tribunal on the appeal.

(4) Section 99(3) and (4) applies in relation to the Secretary of State's decision on reconsideration under subsection (3)(b) above as it applies to a decision made under section 99(2).

(5) On an appeal under subsection (1)(b) the Tribunal may—

(a) confirm the decision, or

(b) itself approve the change.

(6) On an appeal under subsection (1)(c), the Tribunal may—

(a) confirm the decision,

(b) direct that the relevant restriction is to cease to have effect, or

(c) direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.

(7) On an appeal under subsection (1)(d), the Tribunal may—

(a) confirm the refusal, or

(b) if the Tribunal is satisfied that it is appropriate to do so because of a change of circumstance since the restriction in question was imposed—

(i) direct that the relevant restriction is to cease to have effect, or

(ii) direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.

Commencement Information

I1 S. 125(1)(a)(c)(d) (2)-(7) in force at 5.1.2015 by S.I. 2014/3364, art. 2(s)