The Student Fees (Approved Plans) (England) Regulations 2004

Enforcement of plans

9.  The Director must act in accordance with the following procedure in connection with the giving of any direction or notification under section 37(1) of the 2004 Act—

(a) where the Director considers that the governing body may have failed to comply with any provision of the plan, he must inform the governing body of that fact, specifying the provision, and give the governing body a reasonable time within which to make representations;

(b) where the governing body makes representations within a reasonable time, the Director must consider the representations and, having considered them, inform the governing body whether he is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;

(c) where the governing body does not make representations within a reasonable time, the Director must inform the governing body whether he is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;

(d) where the Director has informed the governing body that he is satisfied that the governing body has failed to comply with a specified provision of the plan, the Director may inform the governing body that he is minded to do either or both of the following—

(i) direct the Higher Education Funding Council for England or the Teacher Training Agency or both under section 37(1)(a) of the 2004 Act to impose on the governing body specified financial requirements under section 24(3) of that Act, or

(ii) notify the governing body under section 37(1)(b) of the 2004 Act that on the expiry of the existing plan he will refuse to approve a new plan under section 34 of that Act during the period specified in the notification;

(e) where the Director has informed the governing body under paragraph (d), he must give the governing body a reasonable time within which to make representations as to the amount of the specified financial requirements to be included in the direction or the financial consequences of the refusal to approve a new plan;

(f) where the governing body makes representations within a reasonable time, the Director must consider the representations and, having considered them—

(i) where the Director had informed the governing body that he was minded to make a direction under section 37(1)(a) of the 2004 Act, he must either make such a direction and provide the governing body with a copy of it or not make such a direction and inform the governing body, and

(ii) where the Director had informed the governing body that he was minded to notify the governing body under section 37(1)(b) of the 2004 Act, he must either so notify the governing body or inform the governing body that he will not issue such a notification;

(g) where the governing body does not make representations within a reasonable time—

(i) where the Director had informed the governing body that he was minded to make a direction under section 37(1)(a) of the 2004 Act, he must either make such a direction and provide the governing body with a copy of it or not make such a direction and inform the governing body, and

(ii) where the Director had informed the governing body that he was minded to notify the governing body under section 37(1)(b) of the 2004 Act, he must either so notify the governing body or inform the governing body that he will not issue such a notification.