Higher Education and Research Act 2017

48 Variation or revocation of authorisation: procedure

(1) Before—

(a) making a further order under section 42(1) varying or revoking a provider’s authorisation, or

(b) making an order under section 45(1) varying or revoking a provider’s authorisation,

the OfS must notify the governing body of the provider of its intention to do so.

(2) The notice must—

(a) specify the OfS’s reasons for proposing to take the step in question,

(b) specify the period during which the governing body may make representations about the proposal (“the specified period”), and

(c) specify the way in which those representations may be made.

(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(4) The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to take the step in question.

(5) Having decided whether or not to take the step in question, the OfS must notify the governing body of the provider of its decision.

(6) If the OfS decides to vary or revoke a provider’s authorisation, the notice of the decision must specify the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1).

(7) The notice must also contain information as to—

(a) the rights of appeal, and

(b) the period within which an appeal may be made.

(8) The order under section 42(1) or 45(1) implementing the decision to vary or revoke the authorisation may not be made, and the variation or revocation may not take effect, at any time when—

(a) an appeal under section 49(1)(a) or (b), or a further appeal, could be brought in respect of the decision to vary or revoke, or

(b) such an appeal is pending.

(9) But that does not prevent the order under section 42(1) or 45(1) being made, or the variation or revocation taking effect, if the governing body of the provider notifies the OfS that it does not intend to appeal.

(10) Where subsection (8) ceases to prevent a variation or revocation taking effect on the date specified under subsection (6), the OfS is to determine a future date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1).

(11) But that is subject to what has been determined on any appeal under section 49(1)(a) or (b), or any further appeal, in respect of the decision to vary or revoke.