Legalize / United Kingdom / Wales / Act of Senedd Cymru

Tertiary Education and Research (Wales) Act 2022

Type Act of Senedd Cymru

Publication 2022-09-08

Last updated 2026-04-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The Welsh Ministers may, by regulations, specify as a qualifying institution for the purposes of this Part, a person other than one within subsection (1) who is— (a) a registered provider, or (b) a tertiary education provider in Wales other than a registered provider in receipt of financial resources— (i) provided by the Commission for Tertiary Education and Research under section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations), (ii) secured by the Commission for Tertiary Education and Research or the Welsh Ministers under section 97(1)(a) of that Act (further education or training), or (iii) provided by the Commission for Tertiary Education and Research under section 104(1)(a) of that Act (apprenticeships). (3) In subsection (2)— - “registered provider” means a tertiary education provider registered in the register established and maintained by the Commission for Tertiary Education and Research under section 25 of the Tertiary Education and Research (Wales) Act 2022; - “tertiary education provider in Wales” has the meaning given by section 144(1) of the Tertiary Education and Research (Wales) Act 2022. (4) The power to make regulations in subsection (2) is to be exercised by statutory instrument. (5) A statutory instrument containing regulations made under subsection (2) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(3) In section 12 (qualifying complaints)—

(a) after subsection (2) insert—

(2A) A complaint within subsection (1) about an act or omission of a qualifying institution specified in regulations made under paragraph (b) of subsection (2) of section 11 is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a course funded by the Commission for Tertiary Education and Research or the Welsh Ministers under— (a) section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations), (b) section 97(1)(a) of that Act (further education or training), or (c) section 104(1)(a) of that Act (apprenticeships).

(b) in subsection (3) for “section 11” substitute “subsection (1) of section 11, or of a qualifying institution specified in regulations made under subsection (2) of that section,”.

Learner Engagement Code

129

(1) The Commission must prepare and publish a code (“the Learner Engagement Code”) about the involvement of persons receiving tertiary education provided by, or on behalf of, a relevant provider (“learners”) in the making of relevant decisions by the provider.

(2) The Learner Engagement Code may include provision about the following (among other things)—

(a) how to ensure that the interests of learners are effectively represented in the making of relevant decisions by the relevant provider,

(b) how to ensure that learners have the opportunity to participate in the making of relevant decisions by the relevant provider, and

(c) how to ensure that learners have the opportunity to give their views to the relevant provider about the tertiary education they are receiving and on other matters that may be of concern or interest to them.

(3) The Commission must keep the Learner Engagement Code under review and if it considers it appropriate, it must prepare and publish a revised code (and references in this section to the Learner Engagement Code include any revised code).

(4) A provision of the Learner Engagement Code may take the form of a requirement or guidance.

(5) In preparing the Learner Engagement Code or revised code, the Commission must consult with such persons as the Commission considers appropriate.

(6) The Learner Engagement Code may make different provision for different purposes (including for different relevant providers or different descriptions of relevant provider).

(7) The Commission must monitor compliance by relevant providers with the Learner Engagement Code.

(8) The Commission must include in its annual report (prepared under paragraph 16 of Schedule 1) the conclusions it reaches from that monitoring as to the effectiveness of the Learner Engagement Code during the financial year to which the report relates.

(9) In this section—

“relevant decision” (“penderfyniad perthnasol”) means a decision about matters that may be of concern or interest to learners on courses which are— provided by, or on behalf of, a registered provider, where provided by, or on behalf, of a tertiary education provider other than a registered provider, funded by the Commission under— section 89(3)(a) (higher education courses specified in regulations), section 97(1)(a) (further education or training), or section 104(1)(a) (apprenticeships), or provided by the governing body of a maintained school in Wales;

“relevant provider” (“darparwr perthnasol”) means— a registered provider; a tertiary education provider in Wales other than a registered provider in receipt of financial resources provided or secured by the Commission under— section 89(3)(a) (higher education courses specified in regulations), section 97(1)(a) (further education or training), or section 104(1)(a) (apprenticeships); the governing body of a maintained school in Wales that provides education suitable to the requirements of persons over compulsory school age.

PART 6 — INFORMATION, ADVICE AND GUIDANCE

Information and advice from the Commission and information from the Welsh Ministers

130

(1) The Commission must give the Welsh Ministers—

(a) such information relating to any of its functions or obtained in the exercise of any of its functions as the Welsh Ministers request, and

(b) such advice relating to any of its functions as the Welsh Ministers request.

(2) Information and advice given under subsection (1) must be given in such form and manner as the Welsh Ministers may determine.

(3) The Commission may give the Welsh Ministers—

(a) information relating to any of its functions or obtained in the exercise of any of its functions, or

(b) advice relating to any of its functions.

(4) The Welsh Ministers may give the Commission information for the purposes of the exercise of any of its functions.

Persons required to provide information to the Commission

131

(1) The Commission may, by notice, require a person within subsection (2) to give the Commission such information as it requests for the purposes of the exercise of any of the Commission’s functions.

(2) The persons within this subsection are—

(a) a registered provider;

(aa) a person other than a regulated institution in receipt of financial resources provided under section 65 (administration of funds by the Commission) of the Further and Higher Education Act 1992;

(b) a person other than a registered provider in receipt of financial resources provided under—

(i) section 88(2) (services provided in connection with higher education),

(ii) section 89 (higher education courses specified in regulations),

(iii) section 92 (financial support for certain higher education courses),

(iv) section 97 (further education or training),

(v) section 103 (other activities connected to tertiary education),

(vi) section 104 (apprenticeships),

(vii) section 105(2) (services provided in connection with research and innovation), or

(viii) section 136 (research by the Commission or the Welsh Ministers);

(d) the governing body of a maintained school in Wales that is providing, or has arranged for the provision of, higher education to pupils at the school under section 28A of the Education Act 2002 (c. 32);

(e) a body designated under Schedule 3 to exercise the Commission’s functions under section 54 (assessment of quality of higher education);

(f) a person designated by the Commission under section 120 to exercise the Commission’s functions under section 117(2) (publication of apprenticeship frameworks) or section 119 (issue of apprenticeship certificates);

(g) any person providing further education or training and who is in receipt of financial support from the Welsh Ministers.

(2A) In section 131(2)(aa), “regulated institution” has the meaning given in section 7(5)(b) of the Higher Education (Wales) Act 2015.

(3) A notice under subsection (1) to a person mentioned in subsection (2)(c) to (g) may not require the person to give information other than—

(a) in the case of a person mentioned in subsection (2)(c), (d) or (g), information held by the person for the purpose of the provision of tertiary education;

(b) in the case of a body mentioned in subsection (2)(e), information held by the body for the purpose of the exercise of any of the Commission’s functions under section 54;

(c) in the case of a person mentioned in subsection (2)(f), information held by the person for the purpose of the exercise of any of the Commission’s functions under section 117(2) or 119.

(4) A notice under subsection (1) may require the information to be given—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(5) If a person fails to comply with a notice under subsection (1) and does not satisfy the Commission that the information requested cannot be given, the duty to comply with the notice is enforceable by injunction on the application of the Commission.

(6) The Commission may give a person listed in subsection (2) information about any matter in relation to which the Commission has a function.

132

(1) Each of the following may give the Commission information for the purposes of the exercise of any of the Commission’s functions—

(a) Her Majesty’s Chief Inspector of Education and Training in Wales;

(b) the Education Workforce Council;

(d) the Secretary of State;

(e) the Office for Students;

(f) a body designated under Schedule 3 to exercise the Commission’s functions under section 54 (assessment of quality of higher education);

(g) the person designated by the Welsh Ministers under section 13 of the Higher Education Act 2004 (c. 8) as the designated operator of a scheme for the review of student complaints;

(h) a person specified in arrangements made by the Welsh Ministers under section 23(4) of the Teaching and Higher Education Act 1998 (c. 30) to exercise on their behalf functions exercisable by virtue of regulations under section 22 of that Act (arrangements for giving financial support to students);

(i) a person specified in arrangements made by the Welsh Ministers under section 14 of the Education Act 2002 (c. 32) (financial assistance for education and children etc.), which, in accordance with section 17 of that Act, provide for the person to give assistance or exercise other functions relating to assistance;

(j) a person providing services to one or more tertiary education providers in Wales that are institutions within the higher education sector relating to applications for admission on to higher education courses provided by them;

(k) a person specified in regulations made by the Welsh Ministers.

(2) The Commission may give a person listed in subsection (1) and any other person it considers appropriate information about any matter in relation to which it has a function.

Power to require application-to-acceptance information

133

(1) The Welsh Ministers may, by notice, require a person within subsection (2) to give them or the Commission such application-to-acceptance information as may be described in the notice for use for qualifying research.

(2) A person within this subsection is one providing services to one or more tertiary education providers in Wales that are institutions within the higher education sector relating to applications for admission on to higher education courses provided by them.

(3) “Application-to-acceptance information” means information relating to—

(a) applications for admission to higher education courses provided by tertiary education providers in Wales that are institutions within the higher education sector (including predicted grades),

(b) offers and rejections given to individuals in respect of applications for admission to those courses, or

(4) “Qualifying research” means—

(a) research into the choices available to individuals who are—

(i) applying for admission on to higher education courses provided by tertiary education providers in Wales that are institutions within the higher education sector, or

(ii) considering whether to accept an offer for admission on such a course from such a provider;

(b) research into equality of opportunity in connection with access to and participation in higher education provided by tertiary education providers in Wales that are institutions within the higher education sector;

(5) A notice under subsection (1) may require the information to be given—

(a) by a time specified in the notice, and

(b) in a form and manner specified in the notice.

(6) If a person fails to comply with a notice under subsection (1) and does not satisfy the Welsh Ministers that the information described in the notice cannot be given, the duty to comply with the notice is enforceable by injunction on the application of the Welsh Ministers.

Use of application-to-acceptance information for research purposes

134

(1) The Welsh Ministers may—

(a) use information obtained under section 133 for qualifying research, and

(b) give information obtained under section 133 to the Commission or to an approved person for use for qualifying research.

(2) The Welsh Ministers, the Commission or an approved person may publish the product of research carried out using information obtained under section 133 so long as—

(a) a purpose in publishing it is to provide statistical information,

(b) no individual to whom the information obtained under section 133 relates may be identified from the publication, and

(c) the publication does not include information obtained under section 133 that may be regarded as commercially sensitive.

(3) “Approved person” means—

(a) a body approved by the Welsh Ministers for the purposes of this section that uses or disseminates information for the purpose of research (“an approved body”), or

(b) an individual approved by the Welsh Ministers or an approved body for the purposes of this section (“an approved researcher”).

(4) An approved body may give information obtained under section 133 to an approved researcher, but an approved researcher may not give that information to—

(a) another approved researcher, or

(b) another approved body.

(5) The Welsh Ministers must publish guidance regarding factors to be taken into account in deciding whether to approve a body or individual for the purposes of this section.

(6) “Qualifying research” has the same meaning as in section 133.

Other information, advice and guidance

135

(1) The Commission may give advice and issue guidance (whether general or specific) to any person about the provision of tertiary education or any matter connected with the Commission’s functions.

(2) The Commission must—

(a) identify good practice in relation to the sharing of information by the persons specified in subsection (3), and

(b) give advice and issue guidance about such practice to those persons.

(3) The persons specified in this subsection are—

(a) a registered provider,

(b) a person other than a registered provider providing tertiary education funded or otherwise secured by the Commission.

(4) The Commission must publish any guidance it issues under subsections (1) and (2).

(5) The Commission must establish systems for collecting information which is designed to secure that its decisions with regard to tertiary education are made on a sound basis.

Research by the Commission or the Welsh Ministers

136

(1) The Commission or the Welsh Ministers may carry out, or secure the provision of financial resources to persons carrying out or proposing to carry out, research in relation to—

(a) Welsh tertiary education;

(b) other education or training—

(i) provided wholly or mainly in Wales, or

(ii) to persons who are ordinarily resident in Wales;

(d) any other matter relevant to the Commission’s functions.

(2) The Commission or the Welsh Ministers may publish, or arrange for the publication of, the results of such research so long as no individual to whom the research relates may be identified from the publication.

(3) The Commission or the Welsh Ministers may secure the provision of financial resources under subsection (1)—

(a) by providing resources itself or themselves;

(b) by making arrangements for the provision of resources by another person;

(c) by making arrangements for the provision of resources by persons jointly (whether or not including the Commission or the Welsh Ministers).

(4) If the Commission itself, or the Welsh Ministers themselves, provide financial resources under subsection (1), they may impose such terms and conditions as they consider appropriate.

(5) The terms and conditions may (among other things)—

(a) enable the Commission or the Welsh Ministers to require the repayment, in whole or in part, of sums paid by them if any of the terms and conditions subject to which the sums were paid is not complied with;

(b) require the payment of interest in respect of any period in which a sum due to the Commission or the Welsh Ministers in accordance with any of the terms and condition remains unpaid.

(6) If the Commission has made arrangements under subsection (3)(b) for another person to provide the Commission’s financial resources, the Commission may require that person to provide the resources subject to such terms and conditions that the Commission considers appropriate (including terms and conditions of a kind that could be imposed under subsection (5)).

PART 7 — MISCELLANEOUS AND GENERAL

Higher education corporations

Instruments of government of higher education corporations in Wales

137

(1) Section 124A of the Education Reform Act 1988 (c. 40) is amended as follows.

(2) In subsection (9), for the words “3 to 5 and” substitute “2 to”.

(3) After subsection (9) insert—

(9A) Before making an order under subsection (9) the Welsh Ministers must consult— (a) the Commission for Tertiary Education and Research, and (b) any other persons they think appropriate. (9B) An order made under subsection (9) may, where it is necessary in consequence of amendments made to Schedule 7A to this Act, repeal or amend the following provisions of this Act— (a) subsection 122A(3); (b) in subsection (4) of this section, the words “any provision authorised to be made by that Schedule and”; (c) in section 124C— (i) in subsection (1), the words beginning with “and, in determining” to the end; (ii) subsection (2).

Articles of government of higher education corporations in Wales

138

(1) The Education Reform Act 1988 (c. 40) is amended as follows.

(2) In section 125, after subsection (7) insert—

(8) The Welsh Ministers may by order amend or repeal any of subsections (2) to (4) of this section. (9) Before making an order under subsection (8) the Welsh Ministers must consult— (a) the Commission for Tertiary Education and Research, and (b) any other persons they think appropriate.

(3) In section 232—

(a) in subsection (1), after the words “Secretary of State” insert “or the Welsh Ministers”;

(b) after subsection (4) insert—

(4ZA) A statutory instrument containing any order or regulations made by the Welsh Ministers under this Act, other than an order under section 124A, 125, 214 or 216, shall be subject to annulment in pursuance of a resolution of Senedd Cymru. (4ZB) A statutory instrument containing an order made by the Welsh Ministers under section 124A or 125 of this Act may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru. (4ZC) For the purposes of subsection (4ZA) above, any order or regulations made by the Welsh Ministers under this Act includes any order or regulations made under a power that is expressed as a power of the Secretary of State and has been transferred to the Welsh Ministers.

;

Appointment of associate Commission staff member

139

(1) Section 128 of the Education Reform Act 1988 (c. 40) is amended as follows.

(2) In subsection (1), in sub-paragraph (b)(iii), for the words “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research (“the Commission”)”.

(3) After subsection (1) insert—

(1A) An order under this section may be made only if— (a) the higher education corporation to be dissolved has requested that an order be made, or (b) if there has been no such request, the higher education corporation consents to an order being made. (1B) But an order may be made as if consent had been given under subsection (1A)(b) if the Welsh Ministers consider that the higher education corporation— (a) has unreasonably withheld its consent, or (b) has unreasonably delayed in giving or withholding its consent. (1C) An order under subsection (1)(b)— (a) may, in relation to any property or rights of the corporation transferred under the order, make provision about the effect of such transfer on any right of pre-emption, right of return or other similar right that may apply in respect of such property or rights (including provision about the calculation and payment of any just compensation); (b) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) of any enactment or any rule of law, which would otherwise prevent, penalise or restrict the transfer of the property rights or liabilities.

(4) In subsection (4), in paragraph (b), for the words “the Higher Education Funding Council for Wales” substitute “the Commission”.

(5) For subsection (5), substitute—

(5) In this section— - “charitable purposes” has the meaning given by section 11 of the Charities Act 2011 (c. 25); - “right of return means any right under a provision for the return or reversion of property in specified circumstances.

(6) After subsection (6), insert—

(7) The Welsh Ministers must publish a statement setting out the circumstances in which they propose to exercise the power under this section to make an order. (8) The Welsh Ministers— (a) must keep the statement under review; (b) may revise it. (9) Before publishing the statement or a revised statement, the Welsh Ministers must consult such persons as they consider appropriate. (10) As soon as possible after publishing the statement or revised statement, the Welsh Ministers must lay a copy of it before Senedd Cymru.

Consultation about careers services

Duty to consult the Commission on careers services

140

In the Employment and Training Act 1973 (c.50), after section 9 insert—

(9A) (1) In each financial year the Welsh Ministers must consult the Commission for Tertiary Education and Research on strategic priorities in the next financial year for the performance of their duty in section 8 and the exercise of their power in section 9. (2) In this section, “financial year means a period of 12 months ending on 31 March.

General

Data Protection

141

(1) This section applies to a duty or power to disclose or use information where the duty or power is imposed or conferred by or under any provision of this Act.

(2) A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation; but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation.

(3) In this section, “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Publication

142

(1) Where this Act imposes a duty to publish anything, it must be published—

(a) electronically, and

(b) in such other manner as the person subject to the duty considers appropriate.

(2) The duty to publish electronically is—

(a) a duty to provide access free of charge, and

(b) a duty to publish on the person’s own website, if the person has one.

(3) Copies of anything published under subsection (1)(b) may be supplied free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the person subject to the duty to publish may determine.

Regulations

143

(1) A power to make regulations under this Act is to be exercised by statutory instrument.

(2) A power to make regulations under this Act includes power to make—

(a) different provision for different purposes or different areas;

(b) incidental, supplementary, consequential, transitory, transitional or saving provision.

(3) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(4) Subsection (3) applies to a statutory instrument containing regulations under any of the following provisions—

(a) from Part 1, section 22(1);

(b) from Part 2, sections 25(2), 27(6), 32(2)(b),‍ 34, 41(2), 46(6), 80(1)(c) and (2) and 83(4);

(d) from Part 4, sections 111(4), 112(1)(c) and 113(1);

(e) from this Part—

(i) section 145;

(ii) section 146, but only where the regulations amend, repeal or otherwise modify a provision of an Act of Parliament, a Measure of the National Assembly for Wales or an Act of Senedd Cymru.

(5) A statutory instrument containing regulations made by the Welsh Ministers under this Act to which subsection (4) does not appl‍y is subject to annulment in pursuance of a resolution of Senedd Cymru.

General interpretation

144

(1) In this Act—

“additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2);

“additional learning provision” (“darpariaeth ddysgu ychwanegol”) has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2);

“the Commission” (“y Comisiwn”) means the Commission for Tertiary Education and Research (see section 1);

“facilities for Wales” (“cyfleusterau i Gymru”) includes— facilities in Wales, and other facilities available to persons ordinarily resident in Wales;

“financial resources” (“adnoddau ariannol”) means financial resources of any kind including grants, loans and other payments;

“functions” (“swyddogaethau”) means powers and duties;

“governing body” (“corff llywodraethu”)— in relation to a training provider who but for this section would not be regarded as an institution, means any persons responsible for the provider’s management; in relation to a school, means its proprietor within the meaning given by section 579(1) of the Education Act 1996 (c. 56); in relation to a provider designated under section 83, means any persons responsible for the provider’s management; in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992 (c. 13), but subject to any provision made by virtue of section 90(2) of that Act;

“higher education” (“addysg uwch”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40);

“institution” (“sefydliad”) includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

“local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, or a community special school;

“notice” (“hysbysiad”) means notice in writing;

“the register” (“y gofrestr”) means the register established and maintained under section 25;

“registered provider” (“darparwr cofrestredig”) means a tertiary education provider which is registered in the register; and references to “registration” (“cofrestru”) are to be read accordingly;

“school” (“ysgol”) has the meaning given by section 4 of the Education Act 1996 (c. 56);

“secondary education” (“addysg uwchradd”) has the meaning given by section 2 of the Education Act 1996 (c. 56);

“tertiary education” (“addysg drydyddol”) means higher education, further education or training;

“tertiary education provider in Wales” (“darparwr addysg drydyddol yng Nghymru”) means an institution providing tertiary education, including tertiary education provided on its behalf, whose activities are wholly or mainly carried on in Wales;

“trade union” has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 5‍2);

“Welsh tertiary education” (“addysg drydyddol Gymreig”) means tertiary education— provided by, or on behalf of, a tertiary education provider in Wales, or funded or otherwise secured by the Commission.

(2) References in this Act to further education are to education (other than higher education) suitable to the requirements of persons who are over compulsory school age and organised leisure-time occupation connected with such education.

(3) Accordingly for the purposes of this Act, further education includes education suitable to the requirements of pupils over compulsory school age but under 19 which is provided at a school at which secondary education is also provided.

(4) References in this Act to training are to training suitable to the requirements of persons who are over compulsory school age and organised leisure-time occupation connected with such training.

(5) For the purposes of subsections (2) and (4)—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(6) In this Act—

(a) references to institutions within the further education sector are references to institutions falling within section 91(3) of the Further and Higher Education Act 1992 (c. 13), and

(b) references to institutions within the higher education sector are references to institutions falling within section 91(5) of the Further and Higher Education Act 1992.

(7) Subsections (2) and (3) of section 8 of the Education Act 1996 (c. 56) apply to determine, for the purposes of this Act, whether a person is of compulsory school age, so far as that section applies in relation to Wales.

(8) References in this Act (however expressed) to the provision of tertiary education by, or on behalf of, a tertiary education provider in Wales (including a registered provider or specified provider) include courses of tertiary education 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 the tertiary education, or

(9) In subsection (1), “training provider” means a person who provides training for members of the school workforce (within the meaning given by section 100 of the Education Act 2005 (c. 18)).

(10) For the purposes of this Act, tertiary education provided outside Wales is to be treated as provided in Wales if it is provided as part of a course that is provided mainly in Wales.

Power to provide for the Open University to be treated as a tertiary education provider in Wales

145

(1) The Welsh Ministers may, by regulations, provide for the Open University to be treated as a tertiary education provider in Wales for the purpose of any provision in, or made under, this Act.

(2) Regulations under subsection (1) may modify the effect of a provision in, or made under, this Act so far as it applies to the Open University, whether as a tertiary education provider in Wales or a registered provider (if it becomes one).

Power to make consequential and transitional provision etc.

146

(1) If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may, by regulations, make—

(a) supplementary, incidental or consequential provision;

(b) transitional, transitory or saving provision.

(2) Regulations under subsection (1) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).

Minor and consequential amendments

147

Schedule 4 makes minor provision and provision in consequence of this Act.

Coming into force

148

(1) The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent—

(a) sections 143 to 146;

(b) this section;

(2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(3) An order under subsection (2) may—

(a) appoint different days for different purposes;

(b) make transitory, transitional or saving provision in connection with the coming into force of a provision brought into force by the order.

Short title

149

(1) The short title of this Act is the Tertiary Education and Research (Wales) Act 2022.

(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

SCHEDULE 1

Status

1

The Commission is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Membership

2

(1) The members of the Commission are—

(a) the person appointed by the Welsh Ministers to chair the Commission (“the chair”);

(b) the person appointed by the Welsh Ministers as the chair of the RIC under paragraph 12(1) who is to be the deputy chair of the Commission;

(c) at least 4 and no more than 14 other persons appointed by the Welsh Ministers under this paragraph (“ordinary members”);

(d) the person appointed under paragraph 10 as chief executive of the Commission (“the chief executive”).

(2) In appointing the chair and ordinary members the Welsh Ministers must have regard to the desirability of the Commission’s members (between them) having experience of, and having shown capability in—

(a) the provision of education or training;

(b) the carrying out or administration of research;

(d) promoting the needs of learners in tertiary education.

(e) the provision of education or training through the medium of Welsh or the promotion of such education or training.

The chair and ordinary members

3

(1) The chair and ordinary members hold and vacate office in accordance with the terms and conditions of their appointment.

(2) Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

(3) A person is disqualified from being the chair or an ordinary member if the person is—

(a) a Member of the Senedd;

(b) a member of the House of Commons;

(c) a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

(d) a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

(4) A person who becomes disqualified ceases to hold office as the chair or as an ordinary member.

(5) The chair and ordinary members are to be appointed for a term of up to 5 years.

(6) A person who has held office as the chair or as an ordinary member may be reappointed.

(7) The chair or an ordinary member may resign from office by giving notice to the Welsh Ministers and to the Commission.

(8) The Commission may, with the Welsh Ministers’ approval, pay or make provision for the payment of remuneration, allowances and pension to, or in respect of, a person who is or has been the chair or an ordinary member.

(9) The Welsh Ministers may by notice to the chair, the deputy chair or an ordinary member remove that person from office if they are satisfied that the person is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

(10) The Welsh Ministers may by notice to the chair, the deputy chair or an ordinary member suspend that person from office, if it appears to them that there may be grounds to exercise the power in sub-paragraph (9).

(11) A suspension by notice under sub-paragraph (10) has effect—

(a) for a period specified in the notice, or

(b) if no period is specified in the notice, until further notice by the Welsh Ministers to the person suspended.

(12) A person removed from office as the deputy chair also ceases to hold office as the chair of the RIC.

(13) A person suspended from office as the deputy chair is also suspended from office as the chair of the RIC.

Associate membership

4

(1) The associate members of the Commission are—

(a) at least two persons appointed by the Welsh Ministers in accordance with paragraph 5 to represent the wider tertiary education workforce (“associate workforce members”), where at least one is appointed to represent the academic tertiary education workforce and at least one is appointed to represent the non-academic tertiary education workforce;

(b) where one or more trade unions are recognised by the Commission, a person appointed in accordance with paragraph 6 to represent the staff of the Commission (“associate Commission staff member”);

(c) at least one person appointed by the Welsh Ministers in accordance with paragraph 7 to represent learners in tertiary education (“associate learner member”).

(2) In this paragraph and paragraph 6, “recognised”, in relation to a trade union, has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992.

Appointment of associate workforce members

5

(1) The Welsh Ministers must publish—

(a) a list of one or more trade unions for the purpose of appointing associate workforce members to represent the academic tertiary education workforce, and

(b) a list of one or more trade unions for the purpose of appointing associate workforce members to represent the non-academic tertiary education workforce.

(2) Before publishing a list (including a replacement list) under sub-paragraph (1), the Welsh Ministers must consult—

(a) the Commission, and

(b) such other persons as they consider appropriate.

(3) Sub-paragraph (4) applies if no-one holds the position of associate workforce member to represent the academic tertiary education workforce.

(4) The Welsh Ministers must invite each of the trade unions on the most recently published list under sub-paragraph (1)(a) to nominate an eligible candidate for appointment as an associate workforce member to represent the academic tertiary education workforce.

(5) Sub-paragraph (6) applies if no-one holds the position of associate workforce member to represent the non-academic tertiary education workforce.

(6) The Welsh Ministers must invite each of the trade unions on the most recently published list under sub-paragraph (1)(b) to nominate an eligible candidate for appointment as an associate workforce member to represent the non-academic tertiary education workforce.

(7) The Welsh Ministers must specify the period within which a nomination under sub-paragraph (4) or (6) is to be made.

(8) The Welsh Ministers must appoint at least one person, from among the eligible candidates nominated during the period specified under sub-paragraph (7), as an associate workforce member to represent the academic tertiary education workforce.

(9) The Welsh Ministers must appoint at least one person, from among the eligible candidates nominated during the period specified under sub-paragraph (7), as an associate workforce member to represent the non-academic tertiary education workforce.

(10) A person is an eligible candidate for appointment as an associate workforce member to represent the academic tertiary education workforce only if the person is—

(a) employed by a person who provides tertiary education in Wales, and

(b) a member of a trade union on the most recently published list under sub-paragraph (1)(a).

(11) A person is an eligible candidate for appointment as an associate workforce member to represent the non-academic tertiary education workforce only if the person is—

(a) employed by a person who provides tertiary education in Wales, and

(b) a member of a trade union on the most recently published list under sub-paragraph (1)(b).

Appointment of associate Commission staff member

6

(1) Sub-paragraph (2) applies where—

(a) one or more trade unions are recognised by the Commission, and

(b) the position of associate Commission staff member is unoccupied.

(2) The staff member appointment committee (see paragraph 11(5)) must invite each of the trade unions recognised by the Commission to nominate an eligible candidate for appointment as the associate Commission staff member.

(3) The staff member appointment committee must specify the period within which a nomination is to be made.

(4) The staff member appointment committee must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (3), as the associate Commission staff member.

(5) A person is an eligible candidate for appointment as the associate Commission staff member only if the person is—

(a) employed by the Commission, and

(b) a member of a trade union recognised by the Commission.

Appointment of associate learner member

7

(1) The Welsh Ministers must publish a list of one or more bodies (whether corporate or unincorporate) appearing to them to represent the interests of learners undertaking tertiary education in Wales for the purpose of appointing the associate learner member.

(2) Before publishing a list (including a replacement list) under sub-paragraph (1), the Welsh Ministers must consult—

(a) the Commission, and

(b) such other persons as they consider appropriate.

(3) Sub-paragraph (4) applies if no-one holds the position of associate learner member.

(4) The Welsh Ministers must invite each of the bodies on the list most recently published under sub-paragraph (1) to nominate an eligible candidate for appointment as the associate learner member.

(5) The Welsh Ministers must specify the period within which a nomination under sub-paragraph (4) is to be made.

(6) The Welsh Ministers must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (5), as the associate learner member.

(7) A person is an eligible candidate for appointment as an associate learner member only if⁠—

(a) the person has been a learner undertaking tertiary education at any time during the period of 3 years ending on the day of the appointment, and

(b) the person holds an office or any form of membership of a body on the list most recently published under sub-paragraph (1).

Terms of associate membership etc.

8

(1) An associate member is not eligible to vote in any proceedings of the Commission.

(2) An associate workforce member and an associate learner member hold and vacate office in accordance with the terms and conditions of their appointment.

(3) Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

(4) An associate Commission staff member holds and vacates office in accordance with the terms and conditions of their appointment.

(5) Those terms and conditions are to be determined by the staff member appointment committee, subject to the provisions of this Schedule.

(6) The period of office specified in an associate member’s terms of appointment may not exceed 4 years.

(7) A person who has held office as an associate member may be reappointed as an associate member (and sub-paragraph (6) applies in relation to the appointment).

(8) An associate workforce member and an associate learner member may resign from office by giving notice to the Welsh Ministers and the chair.

(9) An associate Commission staff member may resign from office by giving notice to the staff member appointment committee.

(10) The Commission may, with the approval of the Welsh Ministers, pay an associate member expenses and allowances.

Removal of associate member from office

9

(1) The relevant decision maker may by notice to an associate member remove that person from office, if they are satisfied that the person is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

(2) The relevant decision maker may by notice to an associate member suspend that person from office, if it appears to the relevant decision maker that there may be grounds to exercise the power in sub-paragraph (1).

(3) A suspension by notice under sub-paragraph (2) has effect—

(a) for a period specified in the notice, or

(b) if no period is specified in the notice, until further notice by the relevant decision maker to the person suspended.

(4) In this paragraph, the “relevant decision maker” is—

(a) the Welsh Ministers, where the associate member is an associate workforce member or an associate learner member;

(b) the staff member appointment committee, where the associate member is an associate Commission staff member.

(5) An associate member ceases to hold office if the member ceases to be an eligible candidate for appointment to the type of associate membership to which they were appointed (see paragraph 5(10) and (11), paragraph 6(5) and paragraph 7(7)).

Chief executive and other staff

10

(1) The first person appointed as chief executive of the Commission is to be appointed by the Welsh Ministers—

(a) on such terms and conditions (including conditions as to remuneration, allowances and pension) as the Welsh Ministers determine, and

(b) for a term of up to 4 years.

(2) Subsequent appointments (or reappointments) of a person as chief executive are to be made by the Commission, with the approval of the Welsh Ministers.

(3) A person may not be appointed as chief executive if the person is—

(a) a Member of the Senedd;

(b) a member of the House of Commons;

(c) a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

(d) a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

(4) The chief executive is a member of the Commission’s staff.

(5) The Commission may appoint other members of staff.

(6) Except in relation to the first person appointed as chief executive under sub-paragraph (1), the following are to be determined by the Commission, with the approval of the Welsh Ministers—

(a) the terms and conditions of its staff (including remuneration and allowances);

(b) the payment or provision for the payment of pension to or in respect of a member of its staff or a former member of its staff.

(7) Service as a member of the Commission’s staff is not service in the civil service of the State.

Research and Innovation Committee, Quality Committee and other committees

11

(1) The Commission is to have a committee known as the Research and Innovation Committee (“the RIC”) for the purpose of advising the Commission on‍ matters relating to research and innovation.

(2) For provision as to the chair of the RIC, see paragraph 12.

(3) The Commission must establish a committee (“the Quality Committee”) for the purpose of advising the Commission on the quality of all tertiary education funded or otherwise secured by the Commission.

(4) The Commission must appoint one of its ordinary members to chair meetings of the Quality Committee.

(5) The Commission must establish a committee composed of the chair and the ordinary members to be the staff member appointment committee.

(6) The Commission may establish other committees.

(7) The RIC, the Quality Committee or other committee established under sub-paragraph (6) may—

(a) establish sub-committees;

(b) dissolve sub-committees established by it.

(8) The Commission may also dissolve sub-committees established under sub-paragraph (7).

(9) The members of the RIC, the Quality Committee or other committee established under sub-paragraph (6) or a sub-committee established under sub-paragraph (7) may include persons who are not members of the Commission.

(10) The Commission may pay remuneration and allowances to any person who—

(a) is a member of the RIC, the Quality Committee or other committee established under sub-paragraph (6) or a sub-committee established under sub-paragraph (7), but

(b) is not a member of the Commission or a member of its staff.

Chair of the RIC

12

(1) The Welsh Ministers must appoint a person to chair the RIC (“the chair of the RIC”).

(2) The chair of the RIC holds and vacates office in accordance with the terms and conditions of the appointment.

(3) Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

(4) A person is disqualified from being the chair of the RIC if the person is—

(a) a Member of the Senedd;

(b) a member of the House of Commons;

(c) a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

(d) a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

(5) A person who becomes disqualified ceases to hold office as the chair of the RIC.

(6) The chair of the RIC is to be appointed for a term of up to 5 years.

(7) A person who has held office as the chair of the RIC may be reappointed.

(8) The chair of the RIC may resign from office at any time by giving notice to the Welsh Ministers and to the Commission.

(9) The Commission may, with the Welsh Ministers’ approval, pay or make provision for the payment of remuneration, allowances and pension to, or in respect of, a person who is or has been the chair of the RIC.

(10) The Welsh Ministers may, by notice to the chair of the RIC, remove the chair from office if they are satisfied that the chair is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

(11) The Welsh Ministers may, by notice to the chair of the RIC, suspend the chair from office if it appears to them that there may be grounds to exercise the power in sub-paragraph (10).

(12) A suspension by notice under sub-paragraph (11) has effect—

(a) for a period specified in the notice, or

(b) if no period is specified in the notice, until further notice by the Welsh Ministers to the chair.

(13) A person who ceases to hold office as the chair of the RIC also ceases to hold office as the deputy chair of the Commission.

(14) A person suspended from office as chair of the RIC is also suspended from office as the deputy chair of the Commission.

Joint committees

13

(1) The Commission may, in connection with the exercise of its functions, establish a committee jointly with any person.

(2) In this Schedule a committee established under this paragraph is referred to as a “joint committee”.

(3) The Commission may pay remuneration and allowances to any person who—

(a) is a member of a joint committee, but

(b) is not a member of the Commission or a member of its staff.

Duty to ensure good value

14

The Commission must have regard to the need to ensure good value in relation to financial resources provided out of public funds.

Oversight arrangements

15

(1) The Commission must—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year in accordance with directions given by the Welsh Ministers.

(2) The directions may make provision as to—

(a) the information to be contained in the statement;

(b) the manner in which the information is to be presented;

(d) additional information that is to accompany the statement.

(3) No later than 31 August after the end of each financial year the Commission must submit its statement of accounts to—

(a) the Auditor General for Wales, and

(b) the Welsh Ministers.

(4) The Auditor General for Wales must examine, certify and report on the statement of accounts.

(5) The Auditor General for Wales must, before the expiry of the 4-month period, lay before Senedd Cymru—

(a) a copy of the certified statement and report, or

(b) if it is not reasonably practicable to do so, a statement to that effect, which must include reasons as to why this is the case.

(6) Where a statement has been laid under sub-paragraph (5)(b), the Auditor General must lay a copy of the certified statement and report before Senedd Cymru as soon as reasonably practicable after the expiry of the 4-month period.

(7) In sub-paragraphs (5) and (6), “the 4-month period” means the period of 4 months beginning with the day on which the statement of accounts is submitted to the Auditor General for Wales under sub-paragraph (3).

Annual reports

16

(1) As soon as reasonably practicable after the end of each financial year the Commission must prepare a report (“the annual report”) that—

(a) gives details of how the Commission has exercised its functions during the year;

(b) explains the progress the Commission has made during the year towards implementing its strategic plan approved under section 15 and the extent to which what it has done during the year has addressed the Welsh Ministers’ strategic priorities set out in the statement published under section 13;

(c) gives details of the following matters for the Welsh education reporting period, and explains how they compare with the details of those matters for the 12 months preceding that period—

(i) the extent to which tertiary education in Wales was provided through the medium of Welsh, and

(ii) the extent to which Welsh was taught to persons over compulsory school age in Wales;

(d) gives an assessment of the quality of tertiary education the Commission is required to monitor by section 51;

(e) includes the information required by section 80(3) (information about financial sustainability);

(f) includes the information required by section 107(3) (monitoring of funding for research and innovation);

(g) includes the information required by section 126(9) (effectiveness of learner protection plans);

(h) includes the information required by section 129(8) (effectiveness of Learner Engagement Code);

(i) gives details of how a body designated under Schedule 3 has exercised its functions during the academic year.

(2) In sub-paragraph (1)(c), “Welsh education reporting period” means the most recent period of 12 months ending on 31 August in respect of which information about the matters set out in sub-paragraph (1)(c)(i) and (ii) is available to the Commission.

(3) The annual report may include any other information the Commission considers appropriate.

(4) As soon as possible after the report is prepared the Commission must send a copy to the Welsh Ministers.

(5) As soon as possible after receiving the annual report the Welsh Ministers must lay a copy of it before Senedd Cymru.

Meaning of “financial year” and “academic year”

17

(1) In paragraphs 15 and 16 “financial year” means—

(a) the period beginning on the day on which section 1 comes into force and ending on the following 31 March;

(b) subsequently, each successive period of 12 months.

(2) In paragraph 16 “academic year” means the period of 12 months ending on 31 August in the financial year.

Delegation by the Commission

18

(1) The Commission may delegate any of its functions to—

(a) a member of the Commission or a member of its staff;

(b) the RIC, the Quality Committee or other committee established by the Commission under paragraph 11(6), or a sub-committee established under paragraph 11(7);

(2) A function is delegated under this paragraph to the extent and on the terms that the Commission determines.

(3) The delegation of a function does not affect—

(a) the Commission’s ability to exercise the function;

(b) the Commission’s responsibility for the exercise of the function.

Delegation by committees

19

(1) The RIC, the Quality Committee or other committee established under paragraph 11(6) may delegate any of its functions to a sub-committee established by it.

(2) A function is delegated under this paragraph to the extent and on the terms that the committee delegating the function determines.

Proceedings

20

(1) The Commission may determine its own procedure (including quorum) and that of its committees and sub-committees.

(2) The validity of proceedings of the Commission, of its committees or sub-committees, or of a joint committee, is not affected by—

(a) a vacancy or suspension;

(b) a defective appointment.

(3) A person suspended from office under this Schedule may not take part in proceedings of the Commission, of its committees or sub-committees, or of a joint committee during the period in which the suspension has effect.

Register of interests

21

(1) The Commission must establish and maintain a register of its members’ interests.

(2) The Commission must publish entries recorded in the register of members’ interests.

Supplementary powers

22

(1) The Commission may do anything that it considers—

(a) appropriate for the purposes of, or in connection with, its functions, or

(b) incidental or conducive to the exercise of those functions.

(2) The Commission may (among other things)—

(a) acquire or dispose of land or other property;

(b) enter into contracts;

(d) accept gifts of money, land or other property.

(3) But the Commission may not borrow money without the approval of the Welsh Ministers.

SCHEDULE 2

Power to make transfer schemes

1

(1) The Welsh Ministers may make one or more schemes providing for—

(a) staff of the Higher Education Funding Council for Wales or the Welsh Government to become members of staff of the Commission;

(b) the transfer of property, rights and liabilities of the Higher Education Funding Council for Wales or the Welsh Ministers to the Commission.

(2) The things that may be transferred under a scheme under this Schedule (a “transfer scheme”) include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(3) A transfer scheme may make consequential, supplementary, incidental, transitional or transitory provision, for example so as to—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done in respect of anything transferred;

(d) make provision for the shared ownership or use of property;

(e) make provision for references to the Higher Education Funding Council for Wales, the Welsh Government or the Welsh Ministers in an instrument or other document in respect of anything transferred to be treated as references to the Commission;

(f) make provision which is the same as or similar to a provision made by the TUPE regulations in a case where those regulations do not apply in relation to the transfer.

Modification of transfer schemes

2

(1) The Welsh Ministers may modify a transfer scheme.

(2) But if a transfer under the scheme has taken effect, any modification that relates to the transfer may be made only with the agreement of the person (or persons) affected by the modification.

(3) A modification takes effect from the date when the original scheme came into effect or such later date as the Welsh Ministers may specify.

Duty to lay transfer schemes before Senedd Cymru

3

The Welsh Ministers must lay a copy of a transfer scheme made under this Schedule before Senedd Cymru.

Education Act 1994 (c. 30)

4

(1) For the purposes of this Schedule—

(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.

(2) In this Schedule—

“civil service” (“gwasanaeth sifil”) means the civil service of the State;

“TUPE regulations” (“rheoliadau TUPE”) means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246);

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.

SCHEDULE 3

PART 1 — DESIGNATION

Designation

1

(1) The Commission may designate a body to exercise its assessment functions.

(2) The Commission may designate a body under sub-paragraph (1) only if it considers that—

(a) the body is suitable to exercise the assessment functions, and

(b) designating the body would be appropriate for securing the effective assessment of the quality of higher education provided by tertiary education providers in Wales.

(3) Before designating a body, the Commission must—

(a) obtain the consent of the Welsh Ministers, and

(b) consult—

(i) each registered provider providing higher education, and

(ii) such other persons as it considers appropriate.

(4) If the Commission decides to designate a body under sub-paragraph (1) it must—

(a) notify the body of the designation before the date on which the designation takes effect (“the effective date”), and

(b) publish notice of the designation before that date.

(5) The notice of the designation must state—

(a) the name of the body, and

(b) the effective date.

(6) If the Welsh Ministers do not give their consent under sub-paragraph (3)(a), they must publish the reasons for not doing so.

Bodies suitable to exercise assessment functions

2

(1) A body is suitable to exercise the assessment functions if the body satisfies the conditions in sub-paragraph (2).

(2) The conditions are—

(a) that the body is capable of exercising the assessment functions in an effective manner,

(b) the persons who determine the strategic priorities of the body represent a broad range of registered providers providing higher education,

(d) the body exercises its functions independent of any particular higher education provider, and

(e) the body consents to being designated under this Schedule.

Removal of designation

3

(1) The Commission may by notice remove a designation under this Schedule.

(2) The notice must—

(a) include the reasons for the Commission’s decision, and

(b) specify the date on which the designation is removed.

(3) The Commission may remove a designation only if—

(a) the Commission is satisfied that removing the designation would be appropriate for securing the effective assessment of the quality of higher education provided by tertiary education providers in Wales, or

(b) the designated body consents to the removal of the designation.

(4) Unless sub-paragraph (3)(b) applies, the Commission must, before removing the designation—

(a) obtain the consent of the Welsh Ministers, and

(b) consult—

(i) each registered provider providing higher education, and

(ii) such other persons as it considers appropriate.

(5) The Commission must publish a notice under this paragraph.

(6) If the Welsh Ministers do not give their consent under sub-paragraph (4)(a), they must publish the reasons for not doing so.

PART 2 — OVERSIGHT BY THE COMMISSION

Application

4

This Part applies if there is a body designated under this Schedule to exercise the assessment functions.

Power to provide funding

5

The Commission may provide funding to the designated body for exercising the assessment functions.

Oversight arrangements

6

The Commission must make arrangements for holding the designated body to account for the exercise of the assessment functions.

Annual report by the designated body

7

(1) As soon as reasonably practicable after the end of each annual reporting period, the designated body must prepare and send to the Commission a report about the exercise of the assessment functions during the period.

(2) “Annual reporting period”, in relation to a designated body, means—

(a) the period of 12 months beginning with the effective date, and

(b) each successive period of 12 months.

Power of the Commission to give directions

8

(1) The Commission may give the designated body general directions about the exercise of the assessment functions.

(2) In giving such directions, the Commission must have regard to the need to protect—

(a) the expertise of the designated body, and

(b) the designated body’s ability to make, or make arrangements for, an impartial assessment of the quality of higher education provided by a tertiary education provider.

(3) The directions must relate—

(a) to tertiary education providers in Wales providing higher education or registered providers providing higher education generally, or

(b) a description of such providers.

(4) The designated body must comply with any directions given under this paragraph.

Duty of the Commission to inform the Welsh Ministers about significant concerns

9

The Commission must inform the Welsh Ministers if it has significant concerns about—

(a) how the designated body is exercising the assessment functions, or

(b) the continued suitability of the designated body to exercise those functions.

PART 3 — POWER TO CHARGE FEES

10

(1) The designated body may charge a fee, or fees, to any tertiary education provider in relation to which the body exercises the assessment functions.

(2) Any fees charged by the designated body under sub-paragraph (1) must be charged in accordance with a scheme prepared and published by the designated body that sets out—

(a) the fees which the body charges under sub-paragraph (1), and

(b) the basis on which such fees are calculated.

(3) The amount of a fee payable by any tertiary education provider under sub-paragraph (1) may be calculated by reference to costs incurred, or to be incurred, by the body in the exercise of any of its functions under this Act which—

(a) are unconnected with the provider;

(b) are exercised, or are to be exercised, over a period specified in the scheme.

(4) But the total fees payable under the scheme in any period must not exceed the cost to the designated body of exercising its functions under this Act during the same period.

(5) For the purposes of sub-paragraph (4), the cost to the designated body of exercising its functions under this Act is the amount of the costs incurred, or to be incurred, by the designated body in the exercise of any of its functions under this Act in any given period less any funding received by the body under paragraph 5 of this Schedule in the same period.

(6) The designated body may revise the scheme.

(7) The scheme (and any revised scheme) is to be treated as having effect only if approved by the Commission.

PART 4 — INTERPRETATION

11

(1) In this Schedule—

“the assessment functions” (“y swyddogaethau asesu”) has the meaning given in section 56(2);

“designated body” (“corff dynodedig”) means a body for the time being designated under this Schedule;

“the effective date” (“y dyddiad effeithiol”), in relation to a designated body, has the meaning given in paragraph 1;

(2) References in this Schedule to a body that is suitable to exercise the assessment functions are to be read in accordance with paragraph 2.

SCHEDULE 4

Employment and Training Act 1973 (c. 50)

1

(1) The Employment and Training Act 1973 is amended as follows.

(2) In section 8 (careers services), in subsection (4), for paragraph (a) substitute—

(a) as respects Wales as references to a tertiary education provider registered under section 25 of the Tertiary Education and Research (Wales) Act 2022 to provide higher education, other than a provider which is also an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992) or a school (within the meaning given by section 4 of the Education Act 1996), and

Education (Fees and Awards) Act 1983 (c. 40)

2

(1) The Education (Fees and Awards) Act 1983 is amended as follows.

(2) In section 1 (fees at universities, further education institutions etc.), in subsection (3)—

(a) omit paragraph (ee);

(b) in paragraph (g), for “National Assembly for Wales” substitute “Welsh Ministers or the Commission for Tertiary Education and Research”.

Education (No. 2) Act 1986 (c. 61)

3

(1) The Education (No. 2) Act 1986 is amended as follows.

(2) In section 43 (freedom of speech in universities, etc.)‍—

(a) in subsection (5), for paragraph (aa) substitute—

(aa) a tertiary education provider registered under section 25 of the Tertiary Education and Research (Wales) Act 2022 to provide higher education, other than an institution within paragraph (a) or (ba) or a school;

;

(b) in subsection (6), for paragraph (b) substitute—

(b) in relation to an institution in Wales within the higher education sector or the further education sector has the meaning given by section 90(1) of the Further and Higher Education Act 1992 (c. 13), but subject to any provision made by virtue of section 90(2) of that Act;

Government of Wales Act 2006 (c. 32)

4

(1) The Employment Act 1988 is amended as follows.

(2) In section 26 (status of trainees etc.), in subsection (1A), for “under section 34(1)(c) of the Learning and Skills Act 2000” substitute “or the Commission for Tertiary Education and Research under section 97(1)(d) or (e) of the Tertiary Education and Research (Wales) Act 2022”.

Education Reform Act 1988 (c. 40)

5

(1) The Education Reform Act 1988 is amended as follows.

(2) In section 120 (powers of local authorities with respect to higher education), after subsection (4) insert—

(4A) In exercising its powers under subsection (3) a local authority must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

(3) In section 124B (accounts), in subsection (2)(b), for “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research”.

(4) In section 129 (designation of institutions)—

(a) in subsection (1)—

(i) for “the Secretary of State” substitute “the Welsh Ministers”;

(ii) for “as an institution eligible to receive support from funds administered by the Higher Education Funding Council for Wales” substitute “for the purposes of this section”;

(iii) in paragraph (a) for “him” substitute “them”;

(iv) in paragraphs (a) and (b) after “institution” insert “in Wales”;

(b) in subsection (5)(d), for “the Secretary of State” substitute “the Welsh Ministers”.

(5) In section 133 (payments in respect of persons employed in the provision of higher or further education), in subsection (1)—

(a) for “and the Higher Education Funding Council for Wales each have” substitute “has”;

(b) for “they think” substitute “it thinks”;

(6) In section 198 (transfers), in subsection (5), for “the higher education funding council” substitute “the Commission for Tertiary Education and Research”.

(7) In Schedule 7 (higher education corporations in Wales established before the appointed day), in paragraph 18(2)(b), for “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research”.

Further and Higher Education Act 1992 (c. 13)

6

(1) The Further and Higher Education Act 1992 is amended as follows.

(2) In section 49B (destination information)—

(a) in subsection (2) for “The Welsh Ministers” substitute “The Commission for Tertiary Education and Research”;

(b) in subsection (4) for “the Welsh Ministers” in the first place where it occurs substitute “the Commission for Tertiary Education and Research”.

(3) Omit—

(a) section 57 (intervention: Wales);

(b) section 62 (establishment of the Higher Education Funding Council for Wales);

(d) section 66 (administration of funds: supplementary);

(e) section 68 (grants to the HEFCW);

(f) section 69 (supplementary functions);

(g) section 79 (duty to give information to HEFCW);

(h) section 81 (directions).

(4) In section 83 (efficiency studies), in the table in subsection (1B) omit the entries for “the Welsh Ministers” and “the HEFCW”.

(5) In section 91 (interpretation)‍—

(a) omit subsection (‍4);

(b) in subsection (5)—

(i) for paragraphs (a) and (aa) substitute—

(a) tertiary education providers registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022, other than providers that are also institutions within the further education sector or schools,

;

(ii) in paragraph (b) after “in Wales” insert “, other than ones falling within paragraph (a),”;

(iii) in paragraph (c) after “Act)” insert “, other than institutions falling within paragraph (a)”;

(6) In section 92 (index), omit the entries for “the HEFCW” and “institution in Wales (in relation to the HEFCW)”.

(7) Omit Schedule 1 (the Further and Higher Education Funding Councils).

Education Act 1994 (c. 30)

7

(1) The Education Act 1994 is amended as follows.

(2) In section 18 (power to reimburse certain payments to persons formerly employed in teacher training)—

(a) in subsection (1)—

(i) omit “or the Higher Education Funding Council for Wales”;

(ii) for “they think” substitute “it thinks”;

(b) in subsection (4)—

(i) omit “or (as the case may be) the Higher Education Funding Council for Wales”;

(ii) for “they” substitute “it” and for “their” substitute “its”.

(3) In section 18C (inspection of teacher training in Wales)—

(a) in subsection (3) for paragraph (b) substitute—

(b) the Commission for Tertiary Education and Research, or

;

(b) in subsection (12) omit paragraph (b).

(4) In section 21 (establishments to which Part 2 on students’ unions applies)—

(a) in subsection (1)—

(i) in paragraph (a) for “section 65 of the Further and Higher Education Act 1992” substitute “section 88 of the Tertiary Education and Research (Wales) Act 2022”;

(ii) in paragraph (b) for “that Act” substitute “the Further and Higher Education Act 1992”;

(iii) in paragraph (c) omit “as eligible to receive support from funds administered by a higher education funding council”;

(iv) after paragraph (d) insert—

(da) any institution in Wales designated under section 28 of the Further and Higher Education Act 1992;

(b) in subsection (2A) for “has the meaning given by section 62(7) of the Further and Higher Education Act 1992” substitute “means an institution whose activities are wholly or mainly carried out in Wales”.

Education Act 1996 (c. 56)

8

(1) The Education Act 1996 is amended as follows.

(2) In section 13 (general responsibility for education), in subsection (2) for paragraphs (aa) and (b) substitute—

(ba) the Commission for Tertiary Education and Research, or

(3) In section 15A (local authority powers in respect of education and training for 16 to 18 year olds), after subsection (3) insert—

(3A) In exercising its functions under this section a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

(4) In section 15B (local authority powers in respect of education for persons over 19), after subsection (3)(b) insert—

(c) a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

(5) Omit section 484 (education standard grants).

(6) In section 489 (conditions as to payment of grants)—

(a) in subsection (1) for “under any of sections 484 to 488” substitute “section 485”;

(b) omit subsection (2);

(7) In section 508 (local authority functions in respect of facilities for recreation and social and physical training), after subsection (3) insert—

(4) In exercising its functions under this section a local authority must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

(8) In section 530 (compulsory purchase of land), in subsection (3) in paragraph (b) omit “(including that paragraph as applied by section 76(3) of that Act)”.

(9) In section 580 (index), omit the entry for “grants for education support and training”.

(10) In Schedule 36A (education functions of local authorities), in the table in paragraph 2 in the entry for the Learning and Skills Act 2000—

(a) in the entry for section 33J, for “Welsh Ministers” substitute “the Commission for Tertiary Education and Research”;

(b) omit the entry for section 83;

(d) omit the entry for Schedules 7 and 7A.

Education Act 1997 (c. 44)

9

(1) The Education Act 1997 is amended as follows.

(2) In Part 6, in the heading to Chapter 1, after “AUTHORITIES”, insert “IN WALES”.

(3) In section 38 (inspection of local authorities)—

(a) in subsection (1)—

(i) in paragraph (b), for “the Secretary of State” substitute “the Welsh Ministers or the Commission for Tertiary Education and Research (“the Commission”)”;

(ii) after “authority”, insert “in Wales”;

(b) after subsection (2A) insert—

(2B) Where the Commission has made a request under subsection (1)(b), the review mentioned in subsection (2A) is to be of the way that the local authority is performing the functions mentioned in subsection (2A)(a) and (b) in so far as those functions relate to further education and training within the meaning of section 144(2) to (5) of the Tertiary Education and Research (Wales) Act 2022.

;

(d) in subsection (4), for “the Secretary of State” substitute “the Welsh Ministers or the Commission”;

(e) in subsection (6), after “authority”, insert “in Wales”;

(f) in the heading, after “authorities”, insert “in Wales”.

(4) In section 39 (report of inspection of local authority and action plan), in subsection (1)—

(a) omit the “and” at the end of paragraph (a);

(b) for paragraph (b) substitute—

(b) the Welsh Ministers, and (c) where the matters reviewed relate to further education and training within the meaning of section 144(2) to (5) of the Tertiary Education and Research (Wales) Act 2022, the Commission for Tertiary Education and Research.

Teaching and Higher Education Act 1998 (c. 30)

10

Omit section 27 of the Teaching and Higher Education Act 1998 (expenditure eligible for funding).

School Standards and Framework Act 1998 (c. 31)

11

(1) The School Standards and Framework Act 1998 is amended as follows.

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Tertiary Education and Research (Wales) Act 2022

Learner Engagement Code

129

PART 6 — INFORMATION, ADVICE AND GUIDANCE

Information and advice from the Commission and information from the Welsh Ministers

130

Persons required to provide information to the Commission

131

Powers to share information

132

Power to require application-to-acceptance information

133

Use of application-to-acceptance information for research purposes

134

Other information, advice and guidance

135

Research by the Commission or the Welsh Ministers

136

PART 7 — MISCELLANEOUS AND GENERAL

Higher education corporations

Instruments of government of higher education corporations in Wales

137

Articles of government of higher education corporations in Wales

138

Appointment of associate Commission staff member

139

Consultation about careers services

Duty to consult the Commission on careers services

140

General

Data Protection

141

Publication

142

Regulations

143

General interpretation

144

Power to provide for the Open University to be treated as a tertiary education provider in Wales

145

Power to make consequential and transitional provision etc.

146

Minor and consequential amendments

147

Coming into force

148

Short title

149

SCHEDULE 1

Status

1

Membership

2

The chair and ordinary members

3

Associate membership

4

Appointment of associate workforce members

5

Appointment of associate Commission staff member

6

Appointment of associate learner member

7

Terms of associate membership etc.

8

Removal of associate member from office

9

Chief executive and other staff

10

Research and Innovation Committee, Quality Committee and other committees

11

Chair of the RIC

12

Joint committees

13

Duty to ensure good value

14

Oversight arrangements

15

Annual reports