Legislation – Tertiary Education and Research (Wales) Act 2022

PART 1
STRATEGIC FRAMEWORK FOR TERTIARY EDUCATION AND RESEARCH

1 Establishment of the Commission for Tertiary Education and Research

2 Promoting life-long learning

3 Promoting equality of opportunity

4 Encouraging participation in tertiary education

5 Promoting continuous improvement in tertiary education

6 Promotion of research and innovation

7 Promoting collaboration and coherence in tertiary education and research

8 Contributing to a sustainable and innovative economy

9 Promoting tertiary education through the medium of Welsh

10 Promoting a civic mission

11 Promoting a global outlook

12 Promoting collaboration between providers of tertiary education and trade unions

13 Statement of strategic priorities

14 Strategic plan for the Commission

15 Approval, publication and implementation of strategic plan

16 Review of strategic plan

17 Academic freedom of higher education providers and staff

18 Institutional autonomy of tertiary education providers

19 Compatibility with charity law and governing documents of tertiary education providers

21 The Welsh Ministers’ power to give general directions

22 Additional functions of the Commission

23 Dissolution of the Higher Education Funding Council for Wales

24 Transfer schemes

PART 2
REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS

CHAPTER 1 REGISTRATION OF TERTIARY EDUCATION PROVIDERS

The register and registration procedure

25 The register

26 Registration procedure

Registration conditions

27 Initial registration conditions

28 General ongoing registration conditions

29 Specific ongoing registration conditions

30 Proportionate conditions etc.

31 Mandatory ongoing registration conditions for each registered provider

32 Mandatory ongoing registration condition on fee limits

33 Mandatory ongoing registration conditions on equal opportunity

34 Power to provide for further mandatory ongoing registration conditions

35 Commission duty to give guidance about ongoing registration conditions

Monitoring and enforcement of registration conditions

36 Commission duty to monitor compliance with ongoing registration conditions

37 Advice and assistance in respect of compliance with ongoing registration conditions

38 Reviews relevant to compliance with ongoing registration conditions

39 Directions in respect of failure to comply with ongoing registration conditions

40 Supplementary provision about directions under section 39

De-registration

41 De-registration

42 De-registration: procedure

43 Voluntary de-registration and de-registration with consent

44 Change of registration category without application

Registration decision reviews

45 Registration decision reviews

Fee limit statements

46 Requirements of a fee limit statement

47 Approval of fee limit statement

48 Publication of approved fee limit statement

49 Validity of contracts

CHAPTER 2 QUALITY ASSURANCE AND IMPROVING QUALITY

General quality assurance functions

50 Quality assurance frameworks

51 Duty to monitor, and promote improvement in, the quality of regulated tertiary education

52 Advice and assistance in respect of quality of tertiary education

53 Reviews relevant to quality of tertiary education

Assessment of quality in higher education

54 Assessment of quality of higher education

55 Action plans following assessments under section 54

56 Exercise of higher education assessment functions by a designated body

Inspection of further education or training etc.

57 Duty of the Chief Inspector to inspect and report

58 Power of the Chief Inspector to inspect and report

59 Duty to provide information and advice to the Commission

60 Duty to provide information and advice to the Welsh Ministers

61 Additional functions of the Chief Inspector

62 Action plans following inspections by the Chief Inspector

63 Area inspections

64 Right of entry and offences

65 Surveys and studies

66 Annual reports

67 Annual plan of the Chief Inspector

68 Funding of inspections and reports on further education and training etc.

CHAPTER 3 FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS

Intervention in the conduct of further education institutions

69 Grounds for intervention

70 Powers to intervene

71 Notification by the Commission of grounds for intervention

72 Welsh Ministers’ statement on intervention powers

Access to information and facilities

73 Duty to co-operate

74 Powers of entry and inspection

Warning and review procedure

75 Application of sections 76 to 78

76 Proposed notices and directions: requirement to give warning notice

77 Information to be given with notices and directions and effect pending review

78 Review of notices and directions

79 Decision reviewer

Miscellaneous duties

80 Duty to monitor and report on financial sustainability

81 Commission’s statement on intervention functions

82 Effect and enforcement of directions

CHAPTER 4 GENERAL

83 Designation of other providers of tertiary education

84 Interpretation of Part 2

PART 3
SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH

85 Power of the Welsh Ministers to fund the Commission

86 Funding the Commission: limitations on terms and conditions

87 Policy on funding powers

88 Financial support to specified providers for higher education

89 Financial support for higher education courses specified in regulations

90 Financial support under sections 88 and 89: terms and conditions

91 Financial support under sections 88 and 89: supplementary

92 Financial support by Welsh Ministers for certain higher education courses

93 Education and training for persons aged 16 to 19

94 Education and training for eligible persons over 19

95 Education and training for persons over 19

96 Requirements on Commission when securing further education and training

97 Financial support for further education or training

98 Financial support for further education or training: further provision

99 Financial resources for further education or training: terms and conditions

100 Means tests

101 School sixth-forms

102 Persons with additional learning needs

103 Financial support for other activities connected to tertiary education

104 Financial support for apprenticeships

105 Financial support for research and innovation

106 Financial support for research and innovation: terms and conditions

107 The Commission’s other functions in relation to research and innovation

108 Financial support under sections 89, 97 and 104: further provision about terms and conditions

109 Consent for payments to collaborating bodies‍

110 Financial support directions

PART 4
APPRENTICESHIPS

111 Meaning of “approved Welsh apprenticeship”

112 Meaning of “approved Welsh apprenticeship agreement”

113 Meaning of “alternative Welsh apprenticeship”

114 Meaning of “apprenticeship framework”

115 Specification of requirements in relation to approved Welsh apprenticeship

116 Consultation by Welsh Ministers about specifications

117 Preparation and publication of apprenticeship frameworks

118 Register of apprenticeship frameworks

119 Power to issue apprenticeship certificates

120 Delegation of Commission functions

121 Ineffective provisions of approved Welsh apprenticeship agreements

122 Status of approved Welsh apprenticeship agreements

123 Transfer of copyright in apprenticeship frameworks

124 Crown servants

125 Interpretation of Part 4

PART 5
LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT

126 Learner protection plans

127 Complaints procedures

128 Qualifying institutions for student complaints scheme

129 Learner Engagement Code

PART 6
INFORMATION, ADVICE AND GUIDANCE

130 Information and advice from the Commission and information from the Welsh Ministers

131 Persons required to provide information to the Commission

132 Powers to share information

133 Power to require application-to-acceptance information

134 Use of application-to-acceptance information for research purposes

135 Other information, advice and guidance

136 Research by the Commission or the Welsh Ministers

PART 7
MISCELLANEOUS AND GENERAL

137 Instruments of government of higher education corporations in Wales

138 Articles of government of higher education corporations in Wales

139 Dissolution of higher education corporations in Wales

140 Duty to consult the Commission on careers services

141 Data Protection

142 Publication

143 Regulations

144 General interpretation

145 Power to provide for the Open University to be treated as a tertiary education provider in Wales

146 Power to make consequential and transitional provision etc.

147 Minor and consequential amendments

148 Coming into force

149 Short title

SCHEDULES

SCHEDULE 1 COMMISSION FOR TERTIARY EDUCATION AND RESEARCH

SCHEDULE 2 TRANSFERS OF PROPERTY AND STAFF TO THE COMMISSION

SCHEDULE 3 ASSESSING HIGHER EDUCATION: DESIGNATED BODY

SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Tertiary Education and Research (Wales) Act 2022, Section 138.

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PART 7MISCELLANEOUS AND GENERAL

Higher education corporations

138Articles of government of higher education corporations in Wales

(1)

The Education Reform Act 1988 (c. 40) is amended as follows.

(2)

In section 125, after subsection (7) insert—

“(8)

The Welsh Ministers may by order amend or repeal any of subsections (2) to (4) of this section.

(9)

Before making an order under subsection (8) the Welsh Ministers must consult—

(a)

the Commission for Tertiary Education and Research, and

(b)

any other persons they think appropriate.”

(3)

In section 232—

(a)

in subsection (1), after the words “Secretary of State” insert “or the Welsh Ministers”;

(b)

after subsection (4) insert—

“(4ZA)

A statutory instrument containing any order or regulations made by the Welsh Ministers under this Act, other than an order under section 124A, 125, 214 or 216, shall be subject to annulment in pursuance of a resolution of Senedd Cymru.

(4ZB)

A statutory instrument containing an order made by the Welsh Ministers under section 124A or 125 of this Act may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru.

(4ZC)

For the purposes of subsection (4ZA) above, any order or regulations made by the Welsh Ministers under this Act includes any order or regulations made under a power that is expressed as a power of the Secretary of State and has been transferred to the Welsh Ministers.”;

(c)

in subsection (5), for the word “thinks” substitute “or the Welsh Ministers think”.