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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

17Suspension: procedure

This section has no associated Explanatory Notes

(1)Before suspending a registered higher education provider’s registration under section 16, the OfS must notify the governing body of the provider of its intention to do so.

(2)The notice must—

(a)specify the OfS’s reasons for proposing to suspend the registration,

(b)specify the proposed excepted purposes and the proposed remedial conditions (if any),

(c)specify the period during which the governing body of the provider may make representations about the proposal (“the specified period”), and

(d)specify the way in which those representations may be made.

(3)The specified period must not be less than 28 days beginning with the date on which the notice is received.

(4)The OfS must have regard to any representations made by the governing body of the provider during the specified period in deciding whether to suspend its registration.

(5)Having decided whether or not to suspend the provider’s registration, the OfS must notify the governing body of the provider of its decision.

(6)Where the decision is to suspend the provider’s registration, the notice must—

(a)specify the date on which the suspension takes effect,

(b)specify the excepted purposes,

(c)specify the remedial conditions (if any), and

(d)contain information as to the grounds for the suspension.

(7)The OfS may vary the date specified under subsection (6)(a) at any time before that date by notifying the governing body of the provider.

(8)Subsections (1) to (7) do not apply where the OfS considers that a suspension should take effect immediately because there is an urgent need to protect public money, including, in particular, payments made under—

(a)section 39 or 40 (financial support for providers),

(b)section 93 in the exercise of UKRI’s power under that section to give financial support, or

(c)section 22 of the Teaching and Higher Education Act 1998 (financial support for students).

(9)In such a case—

(a)the OfS must notify the governing body of the provider of its decision to suspend the provider’s registration, and

(b)that notice must comply with the requirements of subsection (6).

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