C4

Prospective affecting provision: section inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 9, not commenced as of date of revision.

F17[29A. (1) A specified provider, other than a provider referred to in section 65(6), shall demonstrate to the Authority that it meets the criteria specified in regulations under section 29B(1) in any of the following cases, namely:

(a) a case in which the provider invokes, for the first time, any provision of this Act;

(b) a case in which—

(i) the provider who, having invoked (whether before, on or after the operative date) any provision of this Act, subsequently invokes any provision of this Act, and

(ii) the Authority, in its discretion, on that provision being invoked by the provider, requests the provider to demonstrate to the Authority that it meets those criteria;

(c) a case in which the Authority—

(i) takes any action (including by way of review of any matter) authorised or required by this Act to be taken in respect of the provider, and

(ii) for the purpose of such action, in its discretion, requests the provider to demonstrate to the Authority that it meets those criteria,

and—

(i) this section applies notwithstanding any other provision of this Act, and

(ii) subsections (4) and (5) of section 29C supplement this section by requiring the Authority to do (or not to do) one or more things in cases in which a failure to demonstrate that those criteria are met occurs or in which those criteria cease to be met.

(2) For the purposes of this section, a provision of this Act is invoked if—

(a) an application under a provision of this Act, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is made, or

(b) subject to subsection (4), any step, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is taken by the provider on the basis that the conditions specified by or under this Act for the taking of the step are satisfied.

(3) In this section and sections 29B and 29C—

(a) "specified provider" means—

(i) a relevant provider,

(ii) a listed awarding body (so far as it is does not otherwise fall within this definition by virtue of subparagraph (i)), and

(iii) an associated provider, or a linked provider, that offers, for reward, a programme of education and training leading to an award that is an award included within the Framework,

and the reference in this paragraph to a relevant provider includes a reference to a person who will fall within the definition of that expression in section 2(1) on the doing of the one or more things, specified in the relevant paragraph of that definition, the doing of which constitute the person as a relevant provider;

(b) a reference to—

(i) a specified provider demonstrating to the Authority that it meets the criteria specified in regulations under section 29B(1), or

(ii) such a provider meeting, or not meeting, those criteria or ceasing to meet them,

shall, where regulations made under subsection (1) of section 29B provide for what are referred to in subsection (3) of that section as related criteria in respect of a specified provider, be deemed to include a reference to—

(I) a specified provider demonstrating to the Authority that those related criteria are met in respect of it, or

(II) where the context requires, those related criteria being met, not being met or ceasing to be met in respect of it,

as the case may be;

(c) a reference to provision of a programme of education and training or otherwise includes a reference to authorisation to use the international education mark; and

(d) "operative date" means the date of commencement of section 9 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019.

(4) Subsection (2)(b) does not apply to a provider referred to in subsection (1)(b) where, by reason of its previous invocation (as mentioned in subsection (1)(b)), of a provision of this Act, the conditions specified by or under this Act for the taking of the particular step concerned are satisfied.]