C20

Prospective affecting provision: subss. (1), (2), (4)(a) amended and (4)(c), (d), (7A) inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 27, not commenced as of date of revision.

63.— (1) The Authority may at any time review compliance by a provider authorised to use the international education mark with—

(a) the code of practice, and

(b) conditions referred to in subsection (8) of F63[section 61,]

F64[and, in carrying out such a review, the Authority where, in its discretion, having regard to all the circumstances of the matter, the taking of such steps is considered by it to be appropriate, may take steps to ascertain whether a failure of the kind, in the particular respect there referred to, specified in subsection (4) has occurred on the part of the provider to comply with an enactment or an instrument under an enactment.]

(2) Without prejudice to the generality of subsection (1), the Authority shall carry out a review under that subsection of providers of F63[English language programmes] at least once every 3 years.

(3) A provider subject to review under subsection (1) shall pay to the Authority within one month of the completion of the review such fee (if any) as may be determined by the Authority under section 80.

(4) Upon a review under subsection (1), where the Authority considers that—

(a) a provider no longer complies with the code of practice, F65[…]

(b) a condition referred to in subsection (8) of section 61 is not being complied with,

F64[(c) a provider has failed to comply with an enactment or instrument referred to in section 29B(2)(c) where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark, or

(d) a provider has failed to comply with any other enactment or instrument under an enactment where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark among those seeking to receive education and training in the sector concerned,]

the Authority shall, by notice in writing, inform the provider concerned that it proposes to withdraw the provider’s authorisation to use the international education mark, and state the reasons for the proposed withdrawal.

(5) The notice under subsection (4) shall state that the provider may submit observations in writing to the Authority 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.

(6) Where, after consideration of any observations submitted to the Authority under subsection (5), the Authority continues to consider that paragraph (a) or (b) of subsection (4) applies, it shall withdraw the provider’s authorisation to use the international education mark 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.

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

F64[(7A) A provider may give notice in writing to the Authority that it no longer wishes to have authorisation to use the international education mark; on receipt of such a notice, the Authority may withdraw the provider’s authorisation to use that mark, without the need for a review, by notice in writing addressed to the provider.]

(8) In carrying out a review under subsection (1) the Authority may have regard to any other review of the provider carried out under this Act, where that other review is relevant to the code of practice.

(9) Where the Authority withdraws a provider’s authorisation to use the international education mark the provider may appeal against the withdrawal to the Appeals Panel.