OpenLegislation

Regulation 9 Review procedureI1C1

England and Wales

(1)

This regulation applies where an application for a review has been made by a governing body in accordance with regulation 8.

(2)

The review panel must give HEFCW—

(a)

details of the notice or direction to be reviewed;

(b)

details of the grounds on which the application for review has been made; and

(c)

a copy of the information provided by the governing body in support of the application for review.

(3)

The review panel must, as soon as practicable upon receiving an application for a review, provide the governing body and HEFCW with an anticipated timetable for completing the review.

(4)

For the purposes of the review, the review panel may request further information from—

(a)

HEFCW; or

(b)

the governing body.

(5)

A request from the review panel for further information must be made in writing.

(6)

Where the review panel requests further information—

(a)

from HEFCW, the review panel must at the same time provide a copy of the request to the governing body; and

(b)

from the governing body, the review panel must at the same time provide a copy of the request to HEFCW.

(7)

The review panel is not obliged to consider any further information provided to it by either HEFCW or the governing body where such information is provided after the end of 28 days beginning with the date of the request.

(8)

The review panel must—

(a)

provide a copy of any further information submitted to it by HEFCW in response to its request, to the governing body;

(b)

provide a copy of any further information submitted to it by the governing body in response to its request, to HEFCW;

(c)

consider whether it is appropriate to allow representations from either HEFCW or the governing body in respect of any further information submitted to it in response to its request for such information;

(d)

if it considers it appropriate to allow representations under sub-paragraph (c), notify HEFCW and the governing body accordingly;

(e)

take account of any information submitted under paragraph (4) and representations submitted by HEFCW or the governing body by virtue of sub-paragraph (c);

(f)

prepare a written report of the review which is to include its findings;

(g)

send a dated copy of its written report of the review to HEFCW and the governing body at the same time.

Annotations

Modifications

C1

Regs. 2-10 applied (28.3.2016) by The Higher Education (Fee and Access Plans) (Notices, Procedure and Publication) (Wales) Regulations 2016 (S.I. 2016/223), regs. 1(1), 5(b) (with reg. 6)

Commencement

I1

Reg. 9 in force at 31.7.2015, see reg. 1(2)