14Notifying designated State authorities for approved school providers of non‑compliance with this Act etc.

14 Notifying designated State authorities for approved school providers of non‑compliance with this Act etc.

(1) This section applies if: (a) an approved school provider applies for registration under section 9; and (b) the ESOS agency for the provider has information suggesting that: (i) the provider is not complying, or will not comply, with this Act or the national code; or (ii) if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—the provider is not complying, or will not comply, with those Standards; or (iii) the provider does not have the principal purpose of providing education; or (iv) the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or (v) the provider has not been providing, or will not provide, education of a satisfactory standard; and (c) the source of the information is not the designated State authority for the provider. (2) Before deciding the application for registration, the ESOS agency must: (a) give the information to the designated State authority; and (b) allow the authority at least 7 days to respond, in writing, to the information.