Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019

Amendment of section 63 of Principal Act (Review by Authority of provider’s compliance with code of practice and provider’s use of international education mark)

27. Section 63 of the Principal Act is amended—

(a) in subsection (1) —

(i) in paragraph (b), by the substitution of “section 61,” for “section 61.”, and

(ii) by the insertion of the following after paragraph (b):

“and, in carrying out such a review, the Authority where, in its discretion, having regard to all the circumstances of the matter, the taking of such steps is considered by it to be appropriate, may take steps to ascertain whether a failure of the kind, in the particular respect there referred to, specified in subsection (4) has occurred on the part of the provider to comply with an enactment or an instrument under an enactment.”,

(b) in subsection (2), by the substitution of “English language programmes” for “programmes of education and training in English as a foreign language”,

(c) in subsection (4) —

(i) in paragraph (a), by the deletion of “or”, and

(ii) by the insertion of the following paragraphs after paragraph (b):

“(c) a provider has failed to comply with an enactment or instrument referred to in section 29B(2)(c) where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark, or

(d) a provider has failed to comply with any other enactment or instrument under an enactment where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark among those seeking to receive education and training in the sector concerned,”,

and

(d) by the insertion of the following subsection after subsection (7):

“(7A) A provider may give notice in writing to the Authority that it no longer wishes to have authorisation to use the international education mark; on receipt of such a notice, the Authority may withdraw the provider’s authorisation to use that mark, without the need for a review, by notice in writing addressed to the provider.”.