Legislation – Tertiary Education and Research (Wales) Act 2022
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PART 2REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS
CHAPTER 1REGISTRATION OF TERTIARY EDUCATION PROVIDERS
Registration conditions
27Initial registration conditions
(1)
It is an initial condition of registration in each category of the register that the Commission is satisfied as to—
(a)
the quality of the kind of tertiary education provided by, or on behalf of, the applicant tertiary education provider to which the category of the register relates;
(b)
the effectiveness of the governance and management of the applicant tertiary education provider (including its financial management);
(c)
the financial sustainability of the applicant tertiary education provider;
(d)
the effectiveness of the applicant tertiary education provider’s arrangements for supporting and promoting the welfare of its students and staff;
(e)
where there are validation arrangements in place, the effectiveness of those arrangements in enabling the applicant tertiary education provider to satisfy itself as to the quality of the education leading to the award of a qualification under the arrangements.
(2)
The Commission must publish a document specifying the requirements that must be met for it to be satisfied as to the matters mentioned in subsection (1).
(3)
The Commission may revise the requirements.
(4)
If the Commission revises the requirements, it must publish a revised document specifying the requirements as revised.
(5)
Before publishing the document or revised document, the Commission must, if it appears to it appropriate to do so, consult such persons as it considers appropriate.
(6)
The Welsh Ministers may, by regulations, provide for further initial conditions of registration for any category of registration.
(7)
Regulations under subsection (6) may (among other things)—
(a)
confer functions on the Commission in connection with the operation of further initial conditions provided for in the regulations;
(b)
provide for further initial conditions of registration relating to—
(i)
the charitable or other status of tertiary education providers;
(ii)
the information provided to prospective students about a provider, its courses, and its terms and conditions of contracts with students;
(iii)
complaints procedures of providers.
(8)
In subsection (1)(e), “validation arrangements” means arrangements between an applicant tertiary education provider and another education provider under which the applicant tertiary education provider awards a qualification to a student at the other provider or authorises the other provider to award a qualification on its behalf.
28General ongoing registration conditions
(1)
The Commission must determine and publish general ongoing registration conditions.
(2)
Different conditions may be determined for different categories of registration.
(3)
In relation to a category of registration, different conditions may be determined for different descriptions of tertiary education provider.
(4)
The Commission must publish the general ongoing registration conditions in a way that identifies the category of registration to which the condition applies.
(5)
The Commission may revise the conditions.
(6)
If the Commission revises the conditions, it must publish them as revised.
(7)
Before determining or revising the conditions, the Commission must, if it appears to it appropriate to do so, consult such persons as it considers appropriate.
(8)
The Commission may, at the time of a tertiary education provider’s registration in a category of the register or later, decide that any one or more general ongoing registration conditions applicable to registration in that category is not applicable to the provider, subject to the requirements under this Part relating to mandatory ongoing registration conditions.
(9)
Where the decision is made after the tertiary education provider’s registration in that category of the register, the Commission must notify the governing body of the provider of its decision.
29Specific ongoing registration conditions
(1)
The Commission may, at the time of a tertiary education provider’s registration in a category of the register or later, impose such conditions on its registration in the category as the Commission may determine (“the specific ongoing registration conditions”).
(2)
The Commission may at any time vary or remove a specific ongoing registration condition.
(3)
Before—
(a)
imposing a specific ongoing registration condition, or
(b)
varying or removing a specific ongoing registration condition,
the Commission must notify the governing body of the tertiary education provider that it proposes to do so.
(4)
The notice must—
(a)
specify the Commission’s reasons for proposing to take the step in question,
(b)
specify the period during which the governing body of the tertiary education provider may make representations about the proposal (“the specified period”), and
(c)
specify the way in which those representations may be made.
(5)
The specified period must not be less than 28 days beginning with the date on which the notice is received.
(6)
The Commission must have regard to any representations made by the governing body of the tertiary education provider in accordance with the notice in deciding whether to take the step in question.
(7)
Having decided whether or not to take the step in question, the Commission must—
(a)
notify the governing body of the tertiary education provider of its decision, and
(b)
publish the notice.
(8)
If the Commission decides to impose a new specific ongoing registration condition or vary or remove a specific ongoing registration condition, the notice must—
(a)
specify the new condition, the condition as varied or the condition being removed (as the case may be), and
(b)
specify the date when the imposition, variation or removal takes effect.
(9)
Where the notice relates to the imposition or variation of a specific ongoing registration condition, the notice must also specify—
(a)
the grounds for the imposition or variation of the condition,
(b)
information as to the right of review, and
(c)
the period specified in regulations under section 79(4)(c) within which an application for a review may be made.
(10)
A specific ongoing registration condition, or a variation to such a condition, may not take effect at any time when—
(a)
an application for review under section 45(b) could be brought in respect of the decision to impose or vary the condition, or
(b)
a review or a decision by the Commission following such a review is pending.
(11)
But that does not prevent a specific ongoing registration condition, or a variation to such a condition, taking effect if the governing body of the tertiary education provider notifies the Commission that it does not intend to apply for a review.
(12)
Where subsection (10) ceases to prevent a specific ongoing registration condition, or a variation to such a condition, taking effect on the date specified under subsection (8), the Commission must determine a future date on which it takes effect.
(13)
But that is subject to what has been determined by the Commission following any review under section 45(b) in respect of the decision to impose or vary the condition.
30Proportionate conditions etc.
(1)
The Commission must ensure that—
(a)
the requirements specified under section 27(2), and
(b)
all ongoing registration conditions,
are proportionate to the Commission’s assessment of the risks posed.
(2)
In light of its duty under subsection (1), the Commission must keep all ongoing registration conditions under review.
31Mandatory ongoing registration conditions for each registered provider
(1)
The Commission must ensure that the ongoing registration conditions of each tertiary education provider registered in a category include—
(a)
a condition relating to the quality of the kind of tertiary education provided by, or on behalf of, the provider to which the category of registration relates;
(b)
a condition relating to the effectiveness of the governance and management of the provider (including its financial management);
(c)
a condition relating to the financial sustainability of the provider;
(d)
a condition relating to the effectiveness of the provider’s arrangements for supporting and promoting the welfare of its students and staff;
(e)
a condition relating to the effectiveness of any validation arrangements in place;
(f)
a condition requiring the governing body of the provider to notify the Commission of any change of which it becomes aware which affects the accuracy of the information contained in the provider’s entry in the register;
(g)
a condition requiring the governing body of the provider, if it has been given notice under section 126(1), to have in place a learner protection plan approved by the Commission (under section 126(3) or (5)) on or before the date specified in the condition and to give effect to the plan;
(h)
a condition requiring the governing body of the provider to comply with the requirements contained in the Learner Engagement Code published under section 129(1) or any revised code published under section 129(3);
(i)
a condition requiring the governing body of the provider to have regard to advice or guidance given by the Commission to the body (either specifically or to persons generally) in exercise of the Commission’s functions under this Act;
(j)
a condition requiring the governing body of the provider to provide the Commission, or a person authorised by the Commission, with such information, assistance and access to the provider’s facilities, systems and equipment as the Commission may reasonably require for the purpose of exercising the Commission’s functions under this Part.
(2)
In subsection (1)(e), “validation arrangements” means arrangements between the registered provider and another education provider under which the registered provider awards a qualification to a student at the other provider or authorises the other provider to award a qualification on its behalf.
32Mandatory ongoing registration condition on fee limits
(1)
The Commission must ensure that the ongoing registration conditions of each registered provider—
(a)
falling within a fee limit category, and
(b)
providing qualifying courses, or having qualifying courses provided on its behalf,
include a fee limit condition.
(2)
A fee limit category is a category of registration—
(a)
for which the Commission must make provision in the register, and
(b)
which is specified for the purpose of this section in regulations made by the Welsh Ministers.
(3)
A fee limit condition is a condition that requires the governing body of a registered provider to—
(a)
have a fee limit statement approved under section 47, and
(b)
secure that regulated course fees do not exceed the applicable fee limit.
(4)
A qualifying course is a course of a description specified in regulations made by the Welsh Ministers to which subsection (5) applies.
(5)
This subsection applies to a course provided—
(a)
at one or more places in Wales or elsewhere,
(b)
by means of correspondence, equipment or other facility that enables persons who are not in the same place (whether in Wales or elsewhere) to participate in teaching or studying the course, or
(c)
by a combination of the ways described in paragraphs (a) and (b).
(6)
The power to specify a description of course under subsection (4) must not be exercised so as to discriminate—
(a)
in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given;
(b)
in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate.
(7)
Regulated course fees are fees payable to the tertiary education provider by a qualifying person—
(a)
in connection with the person undertaking a qualifying course, and
(b)
in respect of an academic year applicable to that course, where the year begins on a day when the applicable provisions in the fee limit statement have effect.
(8)
The applicable fee limit is—
(a)
in a case where the tertiary education provider’s fee limit statement specifies a fee limit for the course and year in question, that limit;
(b)
in a case where the provider’s fee limit statement provides for the determination of a fee limit for the course and year in question, that limit as determined in accordance with the statement.
(9)
A qualifying person is a person who—
(a)
is not an international student, and
(b)
falls within any class of persons specified in regulations made by the Welsh Ministers for the purposes of this Part.
(10)
An international student is a person who may or must be charged higher fees by virtue of regulations made under section 1 of the Education (Fees and Awards) Act 1983 (c. 40) (charging of higher fees in case of students not having prescribed connection with the United Kingdom).
(11)
The Welsh Ministers may, by regulations, make provision for circumstances in which fees payable to a person, in connection with a qualifying person’s undertaking a course, or part of a course, provided on behalf of a tertiary education provider, are to be treated for the purposes of subsection (7) and section 46 as being payable to that provider in connection with the qualifying person’s undertaking the course.
33Mandatory ongoing registration conditions on equal opportunity
(1)
The Commission must ensure that the ongoing registration conditions of each registered provider include conditions requiring the delivery of measurable outcomes to further each of the aims in subsection (2).
(2)
The aims are—
(a)
increasing participation in relevant tertiary education provided by, or on behalf of, the registered provider by persons who are members of under-represented groups;
(b)
retention of students who are members of under-represented groups to the end of courses of relevant tertiary education provided by, or on behalf of, the registered provider;
(c)
reduction of any gaps in attainment in relevant tertiary education provided by, or on behalf of, the registered provider between different groups of students specified in the conditions, where the differences arise from social, cultural, economic or organisational factors;
(d)
provision of support for students finishing courses of relevant tertiary education provided by, or on behalf of, the registered provider who are members of under-represented groups to continue their tertiary education, find employment or start a business.
(3)
In this section—
”relevant tertiary education” (“addysg drydyddol berthnasol”) means courses of tertiary education provided wholly or mainly in Wales and of a kind that relates to the category of the register in which the provider in question is registered;
“under-represented groups” (“grwpiau sydd heb gynrychiolaeth ddigonol”) are groups specified in the conditions that are under-represented in relevant tertiary education as a result of social, cultural, economic or organisational factors.
34Power to provide for further mandatory ongoing registration conditions
The Welsh Ministers may, by regulations, provide for further mandatory ongoing registration conditions applicable to one or more of the categories of registration.
35Commission duty to give guidance about ongoing registration conditions
The Commission must publish guidance for registered providers about ongoing registration conditions.