C16

Prospective affecting provision: section inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 23, not commenced as of date of revision.

F53[55H. (1) Where, following a review under section 55G in respect of a listed awarding body, the Authority is of the opinion that, on any of the grounds specified in subsection (3), either—

(a) it is no longer appropriate that the awarding body’s name stand included in the list of awarding bodies with reference (as the Authority considers appropriate) either—

(i) to each of the one or more awards as respects which the body’s name had been included in that list (a "whole deletion"), or

(ii) to such one or more (as the Authority specifies), but not all, of those awards (a "partial deletion"),

or

(b) the conditions for the time being imposed on the awarding body under section 55F(7)(f) ought to be varied,

then, subject to the provisions of this section, the powers specified in subsection (2) may be exercised by the Authority.

(2) The powers referred to in subsection (1) are—

(a) to delete from the list of awarding bodies the name, whether by way of a whole deletion or, as the Authority considers appropriate, by way of a partial deletion, of the awarding body concerned, or

(b) to vary the conditions for the time being imposed on the awarding body concerned under section 55F(7)(f).

(3) The grounds referred to in subsection (1) are—

(a) having regard to the policies and criteria established under section 55E(1)(a), it is appropriate that the name of the awarding body concerned no longer stand included, whether by way of a whole deletion or by way of a partial deletion, in the list of awarding bodies or that, as respects the conditions for the time being imposed on the awarding body concerned under section 55F(7)(f), those conditions ought to be varied,

(b) the awarding body concerned has failed to comply with one or more of the conditions imposed on it under section 55F(7)(f), or

(c) other circumstances exist in respect of the awarding body concerned that the Authority considers provide a reasonable justification for the exercise by it of either of the powers specified in subsection (2) in relation to that body,

and this section shall be construed so that the existence of the ground specified in paragraph (b), as with that specified in paragraph (a) or (c), enables the exercise by the Authority of either of the powers specified in subsection (2) in relation to the body concerned.

(4) If the Authority proposes to exercise either of the powers specified in subsection (2) in relation to a listed awarding body, the Authority shall, by notice in writing, inform the awarding body that the Authority proposes to delete from the list of awarding bodies its name, whether by way of a whole deletion or by way of a partial deletion and, in the case of the latter, specifying the awards to which it is proposed the deletion will apply, or, as the case may be, to vary, in specified respects, the conditions that stand imposed on it under section 55F(7)(f), and the notice shall state the reasons for the proposed course of action and be accompanied by a copy of the report prepared under section 55G(5).

(5) A notice under subsection (4) shall state that the awarding body may submit observations in writing to the Authority in relation to the proposed course of action specified in the notice or in relation to the report that accompanies the notice, not later than one month from the service of the notice on the awarding body, and the awarding body may submit such observations accordingly.

(6) Where after consideration of any observations submitted to it in accordance with subsection (5) —

(a) the Authority is still of the opinion referred to in subsection (1)(a) or (b), it may, by notice in writing addressed to the awarding body—

(i) delete from the list of awarding bodies the awarding body’s name, whether by way of a whole deletion or, as the case may be, by way of a partial deletion (being the partial deletion as notified to that body under subsection (4)), or

(ii) vary, in particular respects, the conditions that stand imposed on the awarding body under section 55F(7)(f),

or

(b) in a case in which the original opinion was that referred to in subsection (1)(a) and the Authority is now of the opinion that the awarding body’s name should be deleted from the list of awarding bodies by way of—

(i) a partial deletion (rather than by way of a whole deletion), or

(ii) a partial deletion as respects a lesser number of awards than had been notified to that body under subsection (4),

it may, by notice in writing addressed to the awarding body, delete from that list the body’s name by way of a partial deletion consonant with what is described in subparagraph (i) or, as the case may be, subparagraph (ii),

and that deletion (of whatever kind) or variation shall be expressed to take effect from such date (not being earlier than the date of service of the notice) as the Authority considers appropriate and specifies in the notice.

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

(8) After consideration of any observations submitted to it in accordance with subsection (5), the Authority may make any amendments to the report prepared under section 55G(5) that the Authority considers appropriate. If such amendments are made to it, a copy of the report, as so amended, shall be provided by the Authority to the awarding body concerned.

(9) The Authority shall publish the report prepared under section 55G(5), or, if it has been amended under subsection (8), the report as amended under that subsection, in such form and manner as the Authority thinks appropriate (including on the internet).

(10) The awarding body concerned may appeal to the Appeals Board against the deletion, under this section, of its name (whether by way of a whole deletion or by way of a partial deletion) from the list of awarding bodies or the variation, under this section, of the conditions that stand imposed on it under section 55F(7)(f).]