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Regulation 7 Withdrawal of an authorisation

Original text. Later amendments are not shown.

(1)

The licensing authority may withdraw an authorisation if the training provider has—

(a)

failed to observe a condition imposed on their authorisation by the licensing authority; or

(b)

ceased to be an appropriate training provider.

(2)

Where the licensing authority proposes to withdraw authorisation, written notice must be given by the licensing authority to the training provider stating—

(a)

the reasons for the proposal; and

(b)

the training provider’s right to make representations under paragraph (3) concerning the proposal.

(3)

Where the licensing authority gives notice to the training provider under paragraph (2)—

(a)

the training provider may, not later than the period of 28 days beginning with the day on which notice under paragraph (2) is given, make representations in writing to the licensing authority concerning the proposal;

(b)

the licensing authority must not decide whether or not to withdraw authorisation until after the expiration of the period referred to in sub-paragraph (a); and

(c)

if any representations are made within the period referred to in sub-paragraph (a), the licensing authority must take those representations into consideration before deciding whether or not to withdraw the authorisation.

(4)

The licensing authority must, on making a decision to withdraw the authorisation of a training provider, give notice in writing to the training provider and the notice must state—

(a)

the date on which the withdrawal is, subject to paragraph (3), to take effect; and

(b)

the reasons for the decision to withdraw the authorisation.

(5)

Paragraphs (2) to (4) do not apply if the licensing authority—

(a)

is satisfied that, by reason of serious misconduct on the part of the training provider or a person acting on behalf or under the direction of the training provider, the authorisation must be withdrawn without delay; and

(b)

gives notice in writing to the training provider to that effect which states the nature of the serious misconduct.