Qualifications and Quality Assurance (Education and Training) Act 2012
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Withdrawal or variation by Authority of delegated authority to make award. |
55.— (1) Upon a review under section 54 , where the Authority considers that— | |
(a) a programme or class of programme of education and training of a provider for which authority to make an award has been delegated, or the overall operation and management of the provider of the programme, no longer meets the criteria determined by the Authority under section 52 (1), | ||
(b) a condition referred to in section 53 (4) is not being complied with, or | ||
(c) there are other reasonable grounds for withdrawing or varying the authority to make an award, | ||
the Authority shall, by notice in writing, inform the provider concerned that it proposes to withdraw or vary the authority to make an award in relation to a programme or programmes of a class specified in the notice and state the reasons for the proposed withdrawal or variation. | ||
(2) Where a proposal under subsection (1) is made in respect of— | ||
(a) a provider who has entered into an arrangement referred to in section 53 (14), and | ||
(b) a programme or class of programmes which lead to a joint award referred to in section 53 (14), | ||
the Authority shall, by notice in writing, inform the awarding body referred to in section 53 (14) that it proposes to withdraw or vary the authority of the provider to make an award in respect of the programme or class of programmes specified in the notice and state the reasons for the proposed withdrawal or variation. | ||
(3) A notice under subsections (1) and (2) shall state that the provider, and the awarding body, if applicable, may submit observations in writing to the Authority in relation to the proposed withdrawal or variation set out in the notice not later than 3 months after the service of that notice on that provider and that awarding body, if applicable. | ||
(4) Where, after consideration of any observations submitted to the Authority under subsection (3), the Authority continues to consider that paragraph (a), (b) or (c) of subsection (1) applies, it shall either withdraw or vary the authority in relation to the programme or programmes specified in the notice under subsection (1), by notice in writing addressed to that provider, from such date (not earlier than the date of service on the provider of the notice of withdrawal or variation) as it considers appropriate and as is specified in the notice. | ||
(5) Where the Authority withdraws or varies authority under subsection (4) in respect of a programme of a provider referred to in subsection (2), the Authority shall, by notice in writing addressed to the awarding body referred to in that subsection, notify that awarding body of the withdrawal or variation of authority under subsection (4). | ||
(6) A notice under subsections (4) and (5) shall state the reasons for the withdrawal or variation referred to in that subsection. | ||
(7) Where the Authority withdraws or varies the authority of a provider to make an award under this section the provider may appeal against the withdrawal or variation to the Appeals Panel. | ||
(8) Where the Authority withdraws delegated authority to make an award under subsection (4), each programme of education and training leading to that award shall, from the date specified in the notice referred to in that subsection, be taken to be validated under section 45 and the provisions of this Act shall apply to each of those programmes accordingly. | ||
(9) In this section, reference to varying the authority to make an award means varying the conditions imposed under section 53 (4)(b). |