Legislation – Tertiary Education and Research (Wales) Act 2022

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Changes and effects yet to be applied to Part 2 Chapter 3 Crossheading Miscellaneous-duties:

s. 131(2)(b)(i)(vi)s. 131(2)(b)(vii)(e)(f)(g) coming into force by S.I. 2026/62 art. 2(oo)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 131(2)(b)(i)(vi)s. 131(2)(b)(vii)(e)(f)(g) coming into force by S.I. 2026/62 art. 2(oo)

PART 2REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS

CHAPTER 3FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS

Miscellaneous duties

80Duty to monitor and report on financial sustainability

(1)

The Commission must monitor the financial sustainability of—

(a)

registered providers;

(b)

tertiary education providers in Wales that—

(i)

are institutions within the further education sector,

(ii)

are funded by the Commission under section 97, and

(iii)

are not registered providers;

(c)

other tertiary education providers of a kind specified in regulations made by the Welsh Ministers.

(2)

The Welsh Ministers may, by regulations, provide for exceptions to subsection (1)(a) and (b).

(3)

The Commission must include in its annual report information about the financial position of the persons monitored under subsection (1) for the financial year to which the annual report relates.

(4)

At the same time the Commission sends its annual report to the Welsh Ministers, the Commission must send a separate report to the Welsh Ministers containing a summary of the financial outlook for the persons monitored under subsection (1) for the financial years following the financial year to which the annual report relates.

(5)

“A summary of the financial outlook” is a summary of conclusions drawn by the Commission, from its monitoring under subsection (1), regarding relevant patterns, trends or other matters which it has identified.

(6)

Patterns, trends or other matters are “relevant” if—

(a)

they relate to the financial sustainability of some or all of the persons monitored under subsection (1), and

(b)

the Commission considers that they are appropriate to be brought to the attention of the Welsh Ministers.

(7)

In this section—

“annual report” (“adroddiad blynyddol”) means the annual report under paragraph 16 of Schedule 1;

“financial year” (“blwyddyn ariannol”) has the same meaning as in that Schedule (see paragraph 17).

81Commission’s statement on intervention functions

(1)

The Commission must publish a statement setting out how it proposes to exercise its intervention functions.

(2)

The Commission—

(a)

must keep the statement under review;

(b)

may revise it.

(3)

Before publishing the statement or a revised statement, the Commission must consult—

(a)

the governing body of each registered provider, and

(b)

any other persons it considers appropriate.

(4)

The Commission’s intervention functions are its functions under the following provisions⁠—

(a)

section 36 (duty to monitor compliance with ongoing registration conditions);

(b)

section 37 (advice and assistance in respect of compliance with ongoing registration conditions);

(c)

section 38 (reviews relevant to compliance with conditions);

(d)

section 39 (directions in respect of failure to comply with ongoing registration conditions);

(e)

section 41 (de-registration);

(f)

section 51 (duty to monitor, and promote improvement in, the quality of regulated tertiary education);

(g)

section 52 (advice and assistance in respect of quality of tertiary education);

(h)

section 53 (reviews relevant to quality of tertiary education);

(i)

section 73(4) (directions in respect of failure to comply with a duty to co-operate).