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.