Section 42 Proposed notices and directions: requirement to give warning noticeF1C1
England and Wales
If HEFCW propose to give a governing body a notice or direction to which this section applies, HEFCW must give the governing body a warning notice.
The warning notice must—
set out the proposed notice or direction;
state HEFCW's reasons for proposing to give it;
inform the governing body that it may make representations about the proposed notice or direction;
In deciding whether to give the notice or direction, HEFCW must take into account any representations made by the governing body in accordance with the warning notice.
If, having taken those representations into account, HEFCW decide not to give the notice or direction, they must give the governing body notice of that decision.
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Act repealed (1.8.2024 to the extent it omits ss. 25, 49, 50(5)-(7), 51, 53, Sch.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
Ss. 42-44 applied (28.3.2016) by The Higher Education (Fee and Access Plans) (Notices, Procedure and Publication) (Wales) Regulations 2016 (No. 223), regs. 1(1), 5(a)
Commencement
- I1
S. 42(1)(2)(a)-(c)(3)(4) in force at 1.9.2015 by S.I. 2015/1327, art. 5(k)
- I2
S. 42(2)(d) in force at 20.5.2015 for specified purposes by S.I. 2015/1327, art. 2(o)
- I3
S. 42(2)(d) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327, art. 5(k)