Legislation – The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024
PART 5TRANSITIONAL PROVISIONS IN CONNECTION WITH THE DISSOLUTION OF HEFCW
HEFCW directions which are not in force32.
(1)
A direction within paragraph (2) which is given by HEFCW before 1 August 2024 and to which paragraph (3) applies—
(a)
continues in effect on and after 1 August 2024, and
(b)
has effect as if it has been given by the Commission.
(2)
A direction within this paragraph is a direction given to the governing body of an institution under any of the following sections of the 2015 Act—
(a)
section 11;
(b)
section 13;
(c)
section 19;
(d)
section 33.
(3)
This paragraph applies to a direction given to the governing body of an institution where, immediately before 1 August 2024, that governing body has—
(a)
not notified HEFCW in writing that it accepts the direction and the time period for making an application for a review under regulation 8 of the 2015 Regulations has not expired, or
(b)
made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—
(i)
not concluded, or
(ii)
concluded but HEFCW has not notified the governing body in writing that the direction has effect.
(4)
In paragraph (3)(a), notification to HEFCW in writing means notification under regulation 4(a) of the 2015 Regulations.
(5)
Nothing in this article affects the treatment of a direction for the purposes of the 2015 Regulations as set out in regulation 4 of those Regulations.
(6)
In so far as necessary for the purpose of the exercise by the Commission of its functions pursuant to the 2015 Act, references to “HEFCW” or to “the Higher Education Funding Council for Wales” in a direction within paragraph (1) have effect as if they were references to “the Commission” and related expressions are to be interpreted accordingly.