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
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
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
PART 2
REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS
CHAPTER 1 REGISTRATION OF TERTIARY EDUCATION PROVIDERS
The register and registration procedure
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
43 Voluntary de-registration and de-registration with consent
44 Change of registration category without application
45 Registration decision reviews
46 Requirements of a fee limit statement
47 Approval of fee limit statement
48 Publication of approved fee limit statement
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
64 Right of entry and offences
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
71 Notification by the Commission of grounds for intervention
72 Welsh Ministers’ statement on intervention powers
Access to information and facilities
74 Powers of entry and inspection
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
80 Duty to monitor and report on financial sustainability
81 Commission’s statement on intervention functions
82 Effect and enforcement of directions
83 Designation of other providers of tertiary education
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
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
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
PART 5
LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT
128 Qualifying institutions for student complaints scheme
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
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
SCHEDULES
SCHEDULE 1 COMMISSION FOR TERTIARY EDUCATION AND RESEARCH
SCHEDULE 2 TRANSFERS OF PROPERTY AND STAFF TO THE COMMISSION
Changes to legislation:
There are currently no known outstanding effects for the Tertiary Education and Research (Wales) Act 2022, Section 95.
Changes to Legislation
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PART 3SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH
Further education and training
95Education and training for persons over 19
(1)
The Commission must secure the provision of reasonable facilities for Wales for—
(a)
further education suitable to the requirements of persons who have attained the age of 19, and
(b)
training suitable to the requirements of such persons.
(2)
Facilities are reasonable if (taking account of the Commission’s resources) the facilities are of such a quantity and quality that the Commission can reasonably be expected to secure their provision.