Part 1The Office for Students
Powers in relation to “university” title
I160Appeals against revocation of authorisation
1
The governing body of an institution may appeal to the First-tier Tribunal against either or both of the following—
a
a decision of the OfS to revoke, by an order under section 58(1), an authorisation, consent or other approval given to the institution to include the word “university” in its name;
b
a decision of the OfS as to the date specified under section 59(6) as the date on which the revocation takes effect.
2
On an appeal under subsection (1)(a), the Tribunal—
a
must consider afresh the decision appealed against, and
b
may take into account evidence that was not available to the OfS.
3
An appeal under subsection (1)(b) may be on the grounds—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unreasonable.
4
On an appeal under subsection (1), the Tribunal may—
a
withdraw the decision;
b
confirm the decision;
c
vary the date on which the revocation takes effect under the order to be made under section 58(1);
d
remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the revocation takes effect), to the OfS.
5
In the case of an appeal under subsection (1)(a), the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.
6
An appeal under subsection (1)(a) against a decision to revoke an approval may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.