Section 12 — Mandatory access and participation plan condition for certain institutions

(1) This section applies where—

(a) a fee limit condition will be or is one of the ongoing registration conditions of an institution, and

(b) the governing body of the institution requests the imposition of an access and participation plan condition in order to access the higher fee limits available in respect of the fee limit condition for institutions who have such a plan.

(2) An access and participation plan condition—

(a) may be an initial registration condition that is applicable to the institution, and

(b) must be one of its ongoing registration conditions.

(3) In this Part, “an access and participation plan condition”, in relation to an institution, means a condition requiring that—

(a) there is an access and participation plan in relation to the institution which—

(i) has been approved by the OfS under section 29 (power to approve an access and participation plan), and

(ii) is in force, and

(b) the governing body of the institution complies with the general provisions of that plan (within the meaning of section 32).

(4) A governing body of an institution is not to be regarded as having failed to comply with the requirement mentioned in subsection (3)(b) by reason of its failure to comply with a general provision of the plan if it shows that it has taken all reasonable steps to comply with the provision.