The Higher Education Funding Council for Wales (Supplementary Functions) Order 2014

Made: 5th June 2014

Laid before the National Assembly for Wales: 9th June 2014

Coming into force: 31st August 2014

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 69(5) and 89(4) of the Further and Higher Education Act 1992[^f00001], and now exercisable by them[^f00002] make the following Order:

Title, commencement, application and interpretation

1

• (1) The title of this Order is the Higher Education Funding Council for Wales (Supplementary Functions) Order 2014 and it comes into force on 31 August 2014.

• (2) This Order applies in relation to Wales.

• (3) In this Order—

• (a) “the 2013 Regulations” (“Rheoliadau 2013”) means the Education (Student Support) (Wales) Regulations 2013[^f00003]; and

• (b) “new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Ministers under regulation 20 of the 2013 Regulations.

Supplementary Functions

2

The following functions, being functions of the Welsh Ministers under the 2013 Regulations, are conferred on the Higher Education Funding Council for Wales[^f00004]—

• (a) functions relating to the payment of the new fee grant under regulation 69 of the 2013 Regulations;

• (b) functions relating to the recovery of an overpayment of the new fee grant under regulation 74 of the 2013 Regulations; and

• (c) functions relating to a request for and receipt of information under Schedule 3 to the 2013 Regulations, in so far as those functions relate to the payment or recovery of the new fee grant.

3

Nothing in this Order prevents the Welsh Ministers from exercising the functions described in article 2.

Signed

Huw Lewis — Minister for Education and Skills, one of the Welsh Ministers — 5 June 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 69(5) of the Further and Higher Education Act 1992 provides that the Welsh Ministers may, by order, confer or impose on the Higher Education Funding Council for Wales such supplementary functions relating to the provision of education as they think fit.

This Order confers supplementary functions on the Higher Education Funding Council for Wales. The functions conferred by this Order are functions exercisable by the Welsh Ministers in regulations made under section 22 of the Teaching and Higher Education Act 1998.

The functions conferred on the Higher Education Funding Council for Wales by article 2 of this Order relate to the payment of the new fee grant to institutions delivering higher education (and the recovery of overpayments of such grant) and requesting and receiving information connected to the payment of the new fee grant. These functions apply in respect of students starting designated higher education courses on or after 1 September 2014.

Footnotes

[^f00001]: 1992 c. 13; section 89(4) was amended by the Further Education and Training Act 2007 (c. 25), section 29 and Schedule 1, paragraph 11.

[^f00002]: The functions of the Secretary of State under section 69(5) were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) those functions are exercisable by the Welsh Ministers.

[^f00003]: S.I. 2013/3177 (W. 316).

[^f00004]: Established by section 62 of the Further and Higher Education Act 1992.