PART 4TRANSITORY AND TRANSITIONAL PROVISIONS RELATING TO THE 2015 ACT
Transitory provision relating to section 1 of the 2015 Act
article 11 11.—(1) The modifications to section 1 of the 2015 Act set out in paragraph (2) apply during the period beginning with 31 July 2026 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.
(2) Section 1(4) and (5) has effect as if both references to institutions that have a fee and access plan were to institutions that have a fee and access plan other than institutions that are also registered providers.
Disapplication of certain provisions of the 2015 Act
article 12 12.—(1) The provisions of the 2015 Act within paragraph (2) do not apply in relation to a regulated institution after it becomes a registered provider.
(2) The provisions are—
article 12 2 a (a)Part 3 (quality of education);
article 12 2 b (b)Part 4 (financial affairs of regulated institutions);
article 12 2 c (c)section 37(3)(d) and (e) (notice of refusal to approve new fee and access plan);
article 12 2 d (d)section 39(2)(c) and (d) (power to withdraw approval);
article 12 2 e (e)section 52(5)(c) to (f) (statement in respect of intervention functions);
article 12 2 f (f)section 52(5)(g) in so far as it relates to section 37(3)(d) and (e);
article 12 2 g (g)section 52(5)(h) in so far as it relates to section 39(2)(c) and (d).
(3) In paragraph (1), a regulated institution includes an institution that is treated as a regulated institution by virtue of section 26 (application of this Part where institution ceases to have approved plan) of the 2015 Act.
Warning notices under the 2015 Act
article 13 13.—(1) This article applies where the Commission has given a regulated institution a warning notice within paragraph (3) and the institution becomes a registered provider.
(2) Despite the warning notice, after the regulated institution becomes a registered provider the Commission may not give it a direction nor notice under the provisions mentioned in paragraph (3).
(3) A warning notice is within this paragraph if it is given under section 42 (proposed notices and directions: requirement to give warning notice) of the 2015 Act and it relates to—
article 13 3 a (a)a proposed direction under—
article 13 3 a i (i)section 19 (directions in respect of inadequate quality) of that Act;
article 13 3 a ii (ii)section 33 (directions in respect of failure to comply with Code) of that Act;
article 13 3 b (b)a proposed notice under—
article 13 3 b i (i)section 37(1) of that Act in connection with the condition in section 37(3)(d) or (e) of that Act;
article 13 3 b ii (ii)section 39(1) of that Act in connection with the condition in section 39(2)(c) or (d) of that Act.
Directions under the 2015 Act which are not in force
article 14 14.—(1) This article applies to a direction given by the Commission to a regulated institution that becomes a registered provider.
(2) After the regulated institution becomes a registered provider, a direction within paragraph (3) and to which paragraph (4) applies is to be treated as having been revoked.
(3) A direction is within this paragraph if it is given under—
article 14 3 a (a)section 19 of the 2015 Act;
article 14 3 b (b)section 33 of the 2015 Act.
(4) This paragraph applies to a direction given where the governing body of the institution has—
article 14 4 a (a)not notified the Commission in writing that it accepts the direction and the period for making an application for a review under regulation 8 (procedure to apply for a review of notices and directions) of the 2015 Regulations has not expired, or
article 14 4 b (b)made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—
article 14 4 b i (i)not concluded, or
article 14 4 b ii (ii)concluded but the Commission has not notified the governing body in writing that the direction has effect.
(5) In paragraph (4)(a), notification to the Commission in writing means notification under regulation 4(a) (treatment of notices and directions) of the 2015 Regulations.
Notices under the 2015 Act which are not in force
article 15 15.—(1) This article applies to a notice given by the Commission to a regulated institution that becomes a registered provider.
(2) After the regulated institution becomes a registered provider, a notice within paragraph (3) and to which paragraph (4) applies is to be treated as having been withdrawn.
(3) A notice is within this paragraph if it is given under—
article 15 3 a (a)section 37(1) of the 2015 Act in connection with the condition in section 37(3)(d) or (e) of that Act, or
article 15 3 b (b)section 39(1) of the 2015 Act in connection with the condition in section 39(2)(c) or (d) of that Act.
(4) This paragraph applies to a notice given where the governing body of the institution has—
article 15 4 a (a)not notified the Commission in writing that it accepts the notice and the period for making an application for a review under regulation 8 of the 2015 Regulations has not expired, or
article 15 4 b (b)made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—
article 15 4 b i (i)not concluded, or
article 15 4 b ii (ii)concluded but the Commission has not notified the governing body in writing that the notice has effect.
(5) In paragraph (4)(a), notification to the Commission in writing means notification under regulation 4(a) of the 2015 Regulations.
Certain notices under the 2015 Act which are in force
article 16 16.—(1) Nothing in this Part affects the application of a notice which is—
article 16 1 a (a)within paragraph (2), and
article 16 1 b (b)in effect in relation to an institution immediately before that institution becomes a registered provider.
(2) A notice is within this paragraph if it is given under—
article 16 2 a (a)section 37(1) of the 2015 Act in connection with the condition in section 37(3)(d) or (e) of that Act;
article 16 2 b (b)section 39(1) of the 2015 Act in connection with the condition in section 39(2)(c) or (d) of that Act.
(3) A notice is in effect if the governing body of the institution to which the notice is addressed—
article 16 3 a (a)has given notice in writing under regulation 4(a) of the 2015 Regulations that it accepts the notice,
article 16 3 b (b)is not able to apply for a review under regulation 8 of the 2015 Regulations due to the period for making an application to the review panel having expired, or
article 16 3 c (c)has received notification under regulation 10(2) (post review procedure) of the 2015 Regulations that the notice has effect following the conclusion of a review in respect of the notice.
(4) In paragraph (1), a notice given under section 37 of the 2015 Act is not in effect if—
article 16 4 a (a)the period specified in the notice has expired, or
article 16 4 b (b)the notice has been withdrawn under section 37(6) of the 2015 Act.
Directions under the 2015 Act which are in force
article 17 17.—(1) A direction within paragraph (2) that is in effect does not apply after the regulated institution to which the direction was given becomes a registered provider.
(2) A direction is within this paragraph if it is given under any of the following sections of the 2015 Act—
article 17 2 a (a)section 19;
article 17 2 b (b)section 21(3) (quality assessment etc: duty to co-operate);
article 17 2 c (c)section 33;
article 17 2 d (d)section 35(2) (financial management: duty to co-operate).
(3) A direction within paragraph 2(a) or (c) is in effect—
article 17 3 a (a)if the governing body of the institution to which the direction is addressed—
article 17 3 a i (i)has notified the Commission in writing under regulation 4(a) of the 2015 Regulations that it accepts the direction,
article 17 3 a ii (ii)is not able to apply for a review under regulation 8 of the 2015 Regulations due to the period for making an application to the review panel having expired, or
article 17 3 a iii (iii)has received notification in writing from the Commission that the direction has effect following the conclusion of a review in respect of that direction,
article 17 3 b (b)if the Commission has not revoked the direction under section 46(b) (directions: general) of the 2015 Act, and
article 17 3 c (c)to the extent that the Commission has not given notice under section 45(3) (directions: compliance and enforcement) of the 2015 Act to the governing body of the institution to which the direction is addressed stating that the Commission is satisfied that the body has complied with—
article 17 3 c i (i)the direction, or
article 17 3 c ii (ii)a particular requirement of the direction.
(4) In paragraph (1), a direction includes a direction which has been varied under section 46(b) of the 2015 Act.
Statement in respect of intervention functions under the 2015 Act
article 18 18.—(1) In so far as it relates to the provisions of the 2015 Act listed in paragraph (2), a statement published under section 52 of that Act does not apply in relation to a regulated institution after it becomes a registered provider.
(2) The provisions of the 2015 Act are—
article 18 2 a (a)section 19;
article 18 2 b (b)section 20(1) and (2);
article 18 2 c (c)section 33;
article 18 2 d (d)section 34;
article 18 2 e (e)section 37(3)(d) and (e);
article 18 2 f (f)section 39(2)(c) and (d).