Education and Skills Act 2008

Valid from 12/10/2009

124 Appeal by proprietor against decision of Secretary of State to deregister E+W

(1) The proprietor of a registered independent educational institution may appeal to the Tribunal against a decision of the Secretary of State to remove the institution from the register—

(a) under section 100 (no longer required to register),

(b) under section 105 (unapproved material change),

(c) under section 112 (failure to pay fees),

(d) under section 116 (failure to meet standards),

(e) under section 119 (unsuitable persons), or

(f) by virtue of section 123 (failure to provide information).

(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 this section the Tribunal may—

(a) confirm the decision,

(b) direct that the decision is of no effect, or

(c) in the case of an appeal under subsection (1)(b), (d) or (e), direct that the decision is of no effect and make an order imposing a relevant restriction on the proprietor of the institution.

(4) Where the Tribunal confirms the decision, the Secretary of State must remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.

(5) In this Chapter “the Tribunal” means the First-tier Tribunal.