Commentary on Sections of the Act Part 6 – Notices and directions given by HEFCW Section 42 – Proposed notices and directions: requirement to give warning notice
122.Where HEFCW propose to give a notice or direction described in section 41(1) to the governing body of an institution, HEFCW must first give the governing body a warning notice.
123.A warning notice must set out the proposed notice or direction and state HEFCW’s reasons for proposing to give it. The warning notice must also inform the governing body that it may make representations about the proposed notice or direction. Regulations may provide for the period within which and the way in which such representations may be made. For instance, regulations might provide that HEFCW are to receive representations in writing and that they must receive any such representations within 40 calendar days of the date of the warning notice.