If a higher education provider is unable to act for one or more of the purposes of subsection 36 - 12(2) or 36 - 20(1), section 36 - 21, 36 - 22 or 36 - 23 or subsection 36 - 24A(1), the * Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.