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 notices which are in force38.
(1)
A notice given by HEFCW under a section of the 2015 Act referred to in article 37(2) which is in effect immediately before 1 August 2024—
(a)
continues in effect on and after 1 August 2024, and
(b)
has effect as if it has been given by the Commission.
(2)
For the purposes of paragraph (1) a notice is in effect if the governing body of the institution to which it has been given—
(a)
has notified HEFCW in writing under regulation 4(a) of the 2015 Regulations that it accepts the notice,
(b)
is not able to apply for a review under regulation 8 of the 2015 Regulations due to the time period for making an application to the review panel having expired, or
(c)
has received notification in writing from HEFCW that the notice has effect following the conclusion of a review in respect of the notice.
(3)
For the purposes of paragraph (1) a notice given by HEFCW under section 37 of the 2015 Act is not in effect if—
(a)
the period specified in the notice has expired;
(b)
HEFCW has withdrawn the notice under section 37(6) of the 2015 Act.
(4)
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 notice within paragraph (1) have effect as if they were references to “the Commission” and related expressions are to be interpreted accordingly.