39.— (1) Where a relevant designated awarding body considers that—

(a) directions issued by it to the linked provider under section 38(1) have not been complied with, or

(b) there are serious deficiencies in the implementation of quality assurance procedures by the linked provider,

the body shall, by notice in writing, inform the linked provider that it proposes to withdraw its approval of the procedures established by the linked provider under section 28 and state the reasons for the proposed withdrawal.

(2) A notice under subsection (1) shall state that the linked provider may submit observations in writing to the relevant designated awarding body in relation to the reasons for the proposed withdrawal set out in the notice not later than one month after the service of the notice on the provider.

(3) Where, after consideration of any observations submitted to the relevant designated awarding body under subsection (2), that body continues to consider that paragraph (a) or (b) of subsection (1) applies, it shall withdraw its approval of the procedures established by the linked provider under section 28, by notice in writing addressed to the linked provider, from such date (not earlier than the date of service on the linked provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice.

(4) A notice under subsection (3) shall state the reasons for the withdrawal referred to in that subsection.

(5) Where a relevant designated awarding body withdraws approval under subsection (3), the linked provider concerned may appeal against that withdrawal to an independent appeals person appointed by the relevant designated awarding body for that purpose.

(6) The relevant designated awarding body shall send a copy of the notice sent to a linked provider under subsection (3) to the Authority.

(7) Upon receipt of a copy of a notice under subsection (6), the Authority shall, where the linked provider concerned is authorised to use the international education mark under section 61, by notice in writing to that linked provider, from such date (not earlier than the date of service on the linked provider of the notice) as it considers appropriate and as is specified in the notice having regard to the interests of enrolled learners concerned, withdraw such authorisation.

(8) Where an appeal by a linked provider under subsection (5) is upheld, the relevant designated awarding body concerned shall notify the Authority of that fact within 14 days of the decision being made and upon receipt of that notice, where the Authority had withdrawn that linked provider’s authorisation to use the international education mark under subsection (7), the Authority shall authorise that linked provider to use the international education mark, subject to the same conditions as applied to that authorisation before its withdrawal under that subsection.