Enforcement of plans10
1
In this regulation “requirement” means a requirement specified in section 28(1)(a) or (c) of the 2004 Act.
2
The relevant authority must act in accordance with the following procedure in connection with the giving of any notification under section 38(1) of the 2004 Act—
a
where the relevant authority considers that the governing body of an institution may have failed to comply with a requirement, it must inform the governing body of that fact, specifying the requirement, and give the governing body a reasonable time within which to make representations;
b
where the governing body makes representations within the given time, the relevant authority must consider the representations and, having considered them, inform the governing body whether it is satisfied that the governing body has failed to comply with a requirement, and if so, specify the requirement;
c
where the governing body does not make representations within the given time, the relevant authority must inform the governing body whether it is satisfied that the governing body has failed to comply with a requirement, and if so, specify the requirement;
d
where the relevant authority has informed the governing body that it is satisfied that the governing body has failed to comply with a specified requirement, it may inform the governing body that it is minded to notify the governing body under section 38(1) of the 2004 Act that on the expiry of the existing plan it will refuse to approve a new plan under section 34 of the 2004 Act during the period specified in the notification;
e
where the relevant authority has informed the governing body under paragraph (d), it must give the governing body a reasonable time within which to make representations as to the financial consequences of the refusal to approve a new plan;
f
where the governing body makes representations within the given time, the relevant authority must consider the representations and, having considered them, where the relevant authority had informed the governing body that it was minded to notify the governing body under section 38(1) of the 2004 Act, it must either so notify the governing body or inform the governing body that it will not issue such a notification;
g
where the governing body does not make representations within a reasonable time, where the relevant authority had informed the governing body that it was minded to notify the governing body under section 38(1) of the 2004 Act, it must either so notify the governing body or inform the governing body that it will not issue such a notification.
3
The maximum period prescribed for the purposes of a notification given in accordance with section 38(1) of the 2004 Act is one year.