Qualifications (Education and Training) Act, 1999
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Review and withdrawal of delegated authority. |
20.—(1) The Council shall from time to time as it thinks fit and in any case not less than once in every five years, or as directed from time to time by the Authority, review, in such manner as it thinks fit— | |
(a) the operation and management of a relevant provider, to which authority to make awards has been delegated under section 19 , in relation to programmes of further education and training provided, organised or procured by that provider, and | ||
(b) those programmes. | ||
(2) Where the Council, having carried out a review under subsection (1), is of the opinion— | ||
(a) (i) that the operation or management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, or | ||
(ii) that those programmes, | ||
do not meet the criteria determined by the Council under section 19 (5), or | ||
(b) that the conditions specified by the Council under section 19 (5) are not being complied with, or | ||
(c) that there are other reasonable grounds for withdrawing the authority to make awards delegated to that provider under section 19 , | ||
it shall inform the relevant provider concerned, by notice in writing, of its opinion and the reasons for that opinion and the notice shall state that the relevant provider may make representations to the Council in relation to that withdrawal not later than three months after the receipt of the notice by that provider. | ||
(3) Where, after the expiration of three months from the service of the notice referred to in subsection (2) and after consideration of any representations made to the Council, the Council remains of that opinion it may withdraw the authority to make awards delegated to the relevant provider under section 19 , by notice in writing addressed to that provider, from such date as it considers appropriate and until such time as it may be satisfied of whichever of the following is appropriate— | ||
(a) (i) that the operation and management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, or | ||
(ii) that those programmes. | ||
meet the criteria determined by the Council under section 19 (5), or | ||
(b) that the conditions specified by the Council under section 19 (5) are being complied with, or | ||
(c) that the grounds referred to in subsection (2)(c) for withdrawing the authority to make awards no longer exist. | ||
(4) A review under subsection (1) shall be carried out in accordance with such procedures as may be determined from time to time by the Council with the agreement of the Authority and those procedures shall provide for an appeal to the Authority against a decision to withdraw the authority to make awards delegated under section 19 . |