Higher Education and Research Act 2017

21 Refusal to renew an access and participation plan

(1) This section applies where—

(a) an access and participation plan condition is one of the ongoing registration conditions of a registered higher education provider, and

(b) it appears to the OfS that there is or has been a failure by the governing body of the provider to comply with—

(i) the requirement of that condition mentioned in section 12(3)(b) (failure to comply with general provisions of an access and participation plan), or

(ii) a fee limit condition which is one of its ongoing registration conditions.

(2) The OfS may notify the governing body of the provider that, on the expiry of the access and participation plan in relation to the provider which is currently in force, it will refuse to approve a new plan under section 29 during such period as the OfS may specify in the notice.

(3) The Secretary of State may by regulations make provision about—

(a) matters to which the OfS must, or must not, have regard in exercising its powers under subsection (2);

(b) the procedure to be followed in connection with the giving of notification under subsection (2);

(c) the effect of such a notification.

(4) The regulations must include provision—

(a) requiring any decision of the OfS under subsection (2) affecting the governing body of a provider to have effect in the first instance as a provisional decision,

(b) enabling the governing body to apply for a review of the provisional decision to a person, or panel of persons, appointed by the Secretary of State in accordance with the regulations,

(c) enabling the Secretary of State to pay remuneration and allowances to any person so appointed,

(d) prescribing the grounds on which an application for the review of a provisional decision may be made, and

(e) requiring the OfS to reconsider its provisional decision, and make a final decision, having regard to any recommendation of the person or panel.

(5) The OfS’s powers in sections 15 to 19 (penalties, suspension and de-registration) are also available in the event of the breach of a condition described in subsection (1)(b).