Commentary on Sections Part 2: Registration and Regulation of Tertiary Education Providers Monitoring and enforcement of registration conditions Section 39: Directions in respect of failure to comply with ongoing registration conditions
120.Where the Commission is satisfied that a provider has failed (or is likely to fail) to comply with an ongoing registration condition, this section allows the Commission to direct the provider to take certain actions to comply with the condition. This might follow on from previous steps taken by the Commission to ensure compliance with registration conditions, such as advice and assistance (section 37) and reviews (section 38).
121.In respect of a failure to comply with a fee limit condition, the Commission may also direct a provider to repay to students any fee monies which have exceeded the fee limit (“excess fees”), and the manner in which it must do so (subsections (3), (4) and (5)).
122.Any directions issued to providers by the Commission must be published and a copy provided to the Welsh Ministers (subsection (6)).
123.The Commission must comply with the procedures set out in sections 75 to 78 when giving directions under section 39.