PART 4TRANSITORY AND TRANSITIONAL PROVISIONS RELATING TO THE 2015 ACT
Transitory provision relating to section 1 of the 2015 Act
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
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—
(a)Part 3 (quality of education);
(b)Part 4 (financial affairs of regulated institutions);
(c)section 37(3)(d) and (e) (notice of refusal to approve new fee and access plan);
(d)section 39(2)(c) and (d) (power to withdraw approval);
(e)section 52(5)(c) to (f) (statement in respect of intervention functions);
(f)section 52(5)(g) in so far as it relates to section 37(3)(d) and (e);
(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
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—
(a)a proposed direction under—
(i)section 19 (directions in respect of inadequate quality) of that Act;
(ii)section 33 (directions in respect of failure to comply with Code) of that Act;
(b)a proposed notice under—
(i)section 37(1) of that Act in connection with the condition in section 37(3)(d) or (e) of that Act;
(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
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—
(a)section 19 of the 2015 Act;
(b)section 33 of the 2015 Act.
(4) This paragraph applies to a direction given where the governing body of the institution has—
(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
(b)made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—
(i)not concluded, or
(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
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—
(a)section 37(1) of the 2015 Act in connection with the condition in section 37(3)(d) or (e) of that Act, or
(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—
(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
(b)made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—
(i)not concluded, or
(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
16.—(1) Nothing in this Part affects the application of a notice which is—
(a)within paragraph (2), and
(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—
(a)section 37(1) of the 2015 Act in connection with the condition in section 37(3)(d) or (e) of that Act;
(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—
(a)has given notice in writing under regulation 4(a) of the 2015 Regulations that it accepts the notice,
(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
(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—
(a)the period specified in the notice has expired, or
(b)the notice has been withdrawn under section 37(6) of the 2015 Act.
Directions under the 2015 Act which are in force
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—
(a)section 19;
(b)section 21(3) (quality assessment etc: duty to co-operate);
(c)section 33;
(d)section 35(2) (financial management: duty to co-operate).
(3) A direction within paragraph 2(a) or (c) is in effect—
(a)if the governing body of the institution to which the direction is addressed—
(i)has notified the Commission in writing under regulation 4(a) of the 2015 Regulations that it accepts the direction,
(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
(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,
(b)if the Commission has not revoked the direction under section 46(b) (directions: general) of the 2015 Act, and
(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—
(i)the direction, or
(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
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—
(a)section 19;
(b)section 20(1) and (2);
(c)section 33;
(d)section 34;
(e)section 37(3)(d) and (e);
(f)section 39(2)(c) and (d).