Commentary on Sections of the Act Part 2 – Fee and Access Plans Section 16 – Monitoring and evaluating compliance and effectiveness: duty to co-operate
45.This section requires governing bodies of regulated institutions to co-operate with HEFCW for the purposes of HEFCW’s monitoring and evaluation functions under section 15.
46.The duty to co-operate requires governing bodies to ensure the provision of information, assistance and access to facilities as may be required by HEFCW for the purposes of those functions. By way of comparison, plans under the existing provisions of the Higher Education Act 2004 must require the governing body of an institution to provide HEFCW with such information as HEFCW may reasonably require.
47.HEFCW may give a direction to a governing body if HEFCW are satisfied that the governing body has failed to comply with its duty to co-operate. The direction may require a governing body to take, or not to take, steps to secure the provision of information, assistance or access to facilities. The warning notice and review procedures set out in Part 6 of the Act do not apply to such a direction.