47.— (1) Upon a review of a programme under section 46, where the Authority considers that—

(a) the programme no longer meets the criteria established by the Authority under section 44 (1),

(b) a condition referred to in section 45(2) is not being complied with, or

(c) there are other reasonable grounds for withdrawing the validation of the programme,

the Authority shall, by notice in writing, inform the provider of the programme that it proposes to withdraw validation of the programme and state the reasons for the proposed withdrawal.

(2) A notice under subsection (1) shall state that the provider may submit observations in writing to the Authority in relation to the reasons for the proposed withdrawal as 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 Authority under subsection (2), the Authority continues to consider that paragraph (a), (b) or (c) of subsection (1) applies, it shall withdraw its validation of the programme concerned, by notice in writing addressed to the provider, from such date (not earlier than the date of service on the provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice having regard to the interests of the enrolled learners concerned.

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

(5) Where the Authority, withdraws its validation of a programme of education and training under subsection (3), the provider concerned may appeal against that withdrawal to the Appeals Panel.

F36[(6) The Authority may, by notice in writing addressed to the provider of the programme, withdraw its validation of a programme, without the need for a review, in any of the following cases:

(a) the provider has given notice in writing to the Authority that it no longer wishes to provide the programme for whatever reason;

(b) the provider has not offered the programme for a period of at least 2 years, from the date of the programme’s validation;

(c) no learner has been enrolled on the programme for at least 2 years;

(d) the Authority and the provider agree to the withdrawal of the validation.

(7) A notice under subsection (6) shall state the reasons for the withdrawal referred to in that subsection.

(8) Where the Authority withdraws its validation of a programme of education and training under subsection (6)(b) or (c), the provider concerned may appeal against that withdrawal to the Appeals Panel.]