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Section 11 Compliance and reimbursement directionsC1F1

I1(1)

This section applies where HEFCW are satisfied that the governing body of an institution has failed to comply with section 10(1).

(2)

HEFCW may direct the governing body to do either or both of the following—

(a)

to comply with section 10(1);

(b)

to reimburse excess fees paid to the institution.

(3)

A direction under this section (a “compliance and reimbursement direction”) may specify⁠—

(a)

steps that are (or are not) to be taken by the governing body for the purpose of compliance with section 10(1);

(b)

the manner in which reimbursement of excess fees is to be, or may be, effected.

(4)

If HEFCW give a direction under this section, they must—

(a)

give a copy of the direction to the Welsh Ministers;

(b)

publish the direction.

I2I3(5)

Regulations may make provision about how and when HEFCW are to comply with subsection (4).

(6)

“Excess fees” are regulated course fees, to the extent that those fees exceed the applicable fee limit (as quantified for the purposes of the duty under section 10(1) with which the governing body has failed to comply).

Annotations

Textual amendments

F1

Act repealed (1.8.2024 to the extent it omits ss. 25, 49, 50(5)-(7), 51, 53, Sch. Pt. 1 paras. 2, 5, 7-26, Sch. Pt. 2, 31.7.2026 to the extent it omits Sch. Pt. 1 para. 4) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 31 (with s. 19); S.I. 2024/806, art. 3(c)(iv) (with arts. 28-42); W.S.I. 2026/62, art. 17

Modifications

C1

Pt. 2 modified (1.9.2015) by The Higher Education (Wales) Act 2015 (Consequential Provision) Order 2015 (S.I. 2015/1353), arts. 1(2), 3

Commencement

I1

S. 11(1)-(4) (6) in force at 1.9.2015 by S.I. 2015/1327, art. 5(c)

I2

S. 11(5) in force at 20.5.2015 for specified purposes by S.I. 2015/1327, art. 2(i)

I3

S. 11(5) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327, art. 5(c)