36.— (1) Where, in relation to a relevant provider other than a previously established university, the Authority considers that—

(a) directions issued by the Authority to the relevant provider under section 35(1) have not been complied with, or

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

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

(2) Where a proposal under subsection (1) is made in respect of a provider who has entered into an arrangement referred to in section 53(14), the Authority shall, by notice in writing, inform the awarding body referred to in section 53(14) that—

(a) it proposes to withdraw its approval of the quality assurance procedures established by the provider under section 28 and state the reasons for the proposed withdrawal, and

(b) if the Authority withdraws its approval, it shall also withdraw any authority to make awards delegated to that provider under section 53.

(3) A notice under subsections (1) and (2) shall state that the relevant provider, and the awarding body, if applicable, 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 and the awarding body, if applicable.

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

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

F24[(5A) A relevant provider may, in relation to quality assurance procedures that have been established by it and which stand approved by the Authority, give notice in writing to the Authority that it no longer wishes those procedures to stand approved by the Authority; on receipt of such a notice, the Authority may withdraw its approval of those procedures, without the need for a review, by notice in writing addressed to the provider.]

(6) Where the Authority withdraws approval under subsection (4), the relevant provider concerned may appeal against that withdrawal to the Appeals Panel.

(7) Where the Authority withdraws approval under subsection (4), the Authority shall also by notice in writing addressed to that relevant provider, from such date (not earlier than the date of service on the relevant provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice having regard to the interests of enrolled learners concerned, withdraw—

(a) validation of any programmes of education and training of the relevant provider concerned which the Authority has validated under section 45,

(b) any authority to make awards delegated to the relevant provider concerned under section 53, and

(c) authorisation to use the international education mark where the relevant provider concerned is authorised to use the international education mark under section 61.

(8) Where the Authority withdraws approval under subsection (4) in respect of a provider referred to in subsection (2), the Authority shall, by notice in writing addressed to the awarding body referred to in that subsection, notify that awarding body of a withdrawal under subsection (7) of that provider’s authority to make awards delegated to it under section 53.