The Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019

Notification of refusal to renew a plan: effect of section 21(2) notification and review of decision

8.—(1) A decision under section 21(2) of the Act that is specified in a section 21(2) notification given to the governing body of a registered higher education provider has effect in the first instance as a provisional decision.

(2) The governing body of a registered higher education provider affected by a provisional decision may apply to the review body for a review of that decision within the period of 28 days beginning with the date on which the provider receives the section 21(2) notification specifying that decision (“the specified period”).

(3) A section 21(2) notification specifying a provisional decision must contain or be accompanied by information on the right of the governing body to apply for a review of that decision in accordance with paragraph (2) and a statement that the application for a review must be made within the specified period.

(4) The grounds on which the governing body may apply for a review are that the governing body—

(a) presents a material factor for consideration which for good reason it had not previously drawn to the attention of the OfS;

(b) considers that the OfS had disregarded a material factor which it should have considered; or

(c) considers that the provisional decision is disproportionate in view of all the relevant facts which were considered by the OfS.

(5) If the governing body informs the OfS that it accepts the provisional decision or does not apply for a review within the specified period, the OfS must as soon as practicable give the governing body a section 21(2) notification specifying that decision in accordance with paragraph (8).

(6) Where the governing body applies for a review of a provisional decision—

(a) the review body must complete the review within a reasonable time and issue any recommendation upon completion of the review;

(b) the OfS must reconsider its provisional decision having regard to any such recommendation and must withdraw the provisional decision or make a final decision under section 21(2) of the Act within a reasonable time.

(7) Where, following the review, the OfS makes a final decision under section 21(2) of the Act, it must as soon as practicable after making that decision give the governing body of the provider a section 21(2) notification specifying that decision in accordance with paragraph (8).

(8) A section 21(2) notification given in accordance with paragraph (5) or (7) must specify that the decision to which it relates has effect as a final decision.

(9) Where, following the review, the OfS withdraws its provisional decision, it must inform the governing body of the provider accordingly.

(10) Where a provisional decision is withdrawn or becomes final, the section 21(2) notification in which the provisional decision is specified is withdrawn.