OpenLegislation

Regulation 7 Suspension, cancellation and withdrawal of registration (Training Providers)F15I1

Scotland

(1)

The F1Training Account Administrator may suspend or cancel the registration of F2a Training Provider in the event that—

F3(za)

the Training Account Administrator considers that the Training Provider has failed to comply with the Training Account Administrator’s requirements under regulation 6(6);

(a)

the Training Account Administrator considers that F4the Training Provider has failed to comply with the Quality Standards;

(b)

the Training Account Administrator considers that the Training Provider has failed to comply with the Operational Rules;

(c)

the Training Provider has not delivered a validly executed F5Training Provider Payment Agreement to the Scottish Ministers;

(d)

the Training Provider has otherwise breached any of the terms of the F6Training Provider Registration Agreement or the Training Provider Payment Agreement;

(e)

in respect of the Training Provider—

(i)

an administration order is made;

(ii)

a voluntary arrangement is proposed;

(iii)

a resolution is passed or an order made for its winding up (other than a resolution or a members’ voluntary winding up for the purpose of reconstruction in terms approved by the Scottish Ministers);

(iv)

a receiver, administrative receiver or liquidator is appointed over the whole or any part of its undertaking or assets; or

(v)

the Training Provider makes or seeks to make any composition or arrangement with its creditors, becomes bankrupt or apparently insolvent or has a Trustee appointed over any of its assets or, where the Training Provider is a partnership, any of its partners suffers any of the foregoing;

(f)

there is a change of control (where control has the meaning given in section 1124 of the Corporation Tax Act 2010f1) of the Training Provider or any other material change in its management which the Training Account Administrator considers may adversely affect the operation of the Scheme; or

(g)

the Training Account Administrator reasonably considers that an act or omission of the Training Provider may bring the Scheme into disrepute.

(2)

In the event that a F7Training Provider’s registration is suspended—

(a)

the F8Training Account Administrator must advise the Scottish Ministers of that fact; and

(b)

the suspension continues until the Training Account Administrator is satisfied that the default situation in question has been rectified.

(3)

If the F9Training Account Administrator is not satisfied within 6 months after the date of suspension, the Training Account Administrator may cancel the F10Training Provider’s registration at any time after the expiry of that 6 month period.

(4)

The F11Training Provider may, at any time, withdraw its registration by giving the F12Training Account Administrator not less than 3 months’ prior written notice.

(5)

Where a F13Training Provider’s registration is cancelled or withdrawn, the F14Training Account Administrator must advise the Scottish Ministers of that fact.

Annotations

Textual amendments

F1

Words in reg. 7(1) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(3)(a) (with reg. 15)

F2

Words in reg. 7(1) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(3)(b) (with reg. 15)

F3

Reg. 7(1)(za) inserted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(3)(c) (with reg. 15)

F4

Words in reg. 7(1) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(3)(d) (with reg. 15)

F5

Words in reg. 7(1) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(3)(e) (with reg. 15)

F6

Words in reg. 7(1) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(3)(f) (with reg. 15)

F7

Words in reg. 7(2) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(4)(a) (with reg. 15)

F8

Words in reg. 7(2) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(4)(b) (with reg. 15)

F9

Words in reg. 7(3) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(5)(a) (with reg. 15)

F10

Words in reg. 7(3) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(5)(b) (with reg. 15)

F11

Words in reg. 7(4) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(6)(a) (with reg. 15)

F12

Words in reg. 7(4) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(6)(b) (with reg. 15)

F13

Words in reg. 7(5) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(7)(a) (with reg. 15)

F14

Words in reg. 7(5) substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(7)(b) (with reg. 15)

F15

Reg. 7 heading substituted (15.10.2017) by The Individual Learning Account (Scotland) Amendment Regulations 2017 (S.S.I. 2017/288), regs. 1, 9(2) (with reg. 15)

Commencement

I1

Reg. 7 in force at 1.4.2011, see reg. 1(1)

Footnotes

f1

2010 c.4.