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Higher Education (Wales) Act 2015

2015 anaw 1 · Enacted 12 March 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 July 2026.

An Act of the National Assembly for Wales to make provision about student fees payable to certain institutions providing higher education; to make provision about the quality of education provided by and on behalf of those institutions and about their financial management; and for connected purposes.

[12 March 2015]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:C1

Annotations to the whole text

Textual amendments

F1

Act repealed (1.8.2024 to the extent it omits ss. 25, 49, 50(5)-(7), 51, 53, Sch. Pt. 1 paras. 2, 5, 7-26, Sch. Pt. 2, 31.7.2026 to the extent it omits Sch. Pt. 1 para. 4) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 31 (with s. 19); S.I. 2024/806, art. 3(c)(iv) (with arts. 28-42); W.S.I. 2026/62, art. 17

Modifications

C1

Act modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 21 (with arts. 20, 28)

Contents

  1. Part 1: INTRODUCTION
  2. 1Overview of this Act
  3. Part 2: FEE AND ACCESS PLANS
  4. Application for approval of fee and access plan
  5. 2Application by institution for HEFCW's approval of fee and access plan
  6. 3Designation of other providers of higher education
  7. Contents of fee and access plan
  8. 4Period to which plan relates
  9. 5Fee limit
  10. 6Promotion of equality of opportunity and higher education
  11. Approval etc of fee and access plan
  12. 7Approval of fee and access plan
  13. 8Publication of approved plan
  14. 9Variation of approved plan
  15. Compliance with fee limit
  16. 10Limits on student fees
  17. 11Compliance and reimbursement directions
  18. 12Supplementary provision about compliance and reimbursement directions
  19. Compliance with general requirements of approved plan
  20. 13Directions in respect of failure to comply with general requirements of approved plan
  21. Contracts
  22. 14Validity of contracts
  23. Approved plans: compliance and effectiveness
  24. 15HEFCW's duty to monitor and evaluate compliance and effectiveness
  25. 16Monitoring and evaluating compliance and effectiveness: duty to co-operate Not yet in force
  26. Part 3: QUALITY OF EDUCATION
  27. Assessment of quality of education
  28. 17Assessment of quality of education
  29. Powers in respect of education of inadequate quality
  30. 18Education of inadequate quality: general
  31. 19Directions in respect of inadequate quality
  32. 20Other measures in respect of inadequate quality
  33. Co-operation with quality assessment etc
  34. 21Quality assessment etc: duty to co-operate
  35. Supplementary powers for purpose of quality assessment etc
  36. 22Quality assessment etc: powers of entry and inspection
  37. Guidance relating to quality of education
  38. 23Guidance about matters relevant to quality
  39. 24Guidance about criteria for assessing quality
  40. Advice to HEFCW about quality assessment functions
  41. 25Committee to advise HEFCW about exercise of quality assessment functions Repealed
  42. Supplementary
  43. 26Application of this Part where institution ceases to have approved plan
  44. Part 4: FINANCIAL AFFAIRS OF REGULATED INSTITUTIONS
  45. Financial management code
  46. 27HEFCW's duty to prepare and publish Code
  47. 28Procedure for approval of Code by Welsh Ministers
  48. 29Procedure if draft Code not approved by Welsh Ministers
  49. 30Procedure if draft Code approved by Welsh Ministers
  50. Monitoring compliance with Code
  51. 31Monitoring compliance with Code
  52. Powers in respect of failure to comply with Code
  53. 32Failure to comply with Code: general
  54. 33Directions in respect of failure to comply with Code
  55. 34Other measures in respect of failure to comply with Code
  56. Co-operation with monitoring etc
  57. 35Financial management: duty to co-operate
  58. Supplementary powers for purpose of monitoring etc
  59. 36Financial management: powers of entry and inspection
  60. Part 5: FEE AND ACCESS PLANS: WITHDRAWAL OF APPROVAL ETC
  61. Refusal to approve new fee and access plan
  62. 37Notice of refusal to approve new fee and access plan
  63. Withdrawal of approval of existing fee and access plan
  64. 38Duty to withdraw approval
  65. 39Power to withdraw approval
  66. Publication etc of notice under this Part
  67. 40Publication etc of notice under this Part
  68. Part 6: NOTICES AND DIRECTIONS GIVEN BY HEFCW
  69. Warning and review procedure for certain notices and directions
  70. 41Application of sections 42 to 44
  71. 42Proposed notices and directions: requirement to give warning notice
  72. 43Information to be given with notices and directions
  73. 44Review of notices and directions
  74. General provisions about directions given by HEFCW
  75. 45Directions: compliance and enforcement
  76. 46Directions: general
  77. Part 7: SUPPLEMENTARY PROVISION ABOUT FUNCTIONS OF HEFCW
  78. Exercise of functions by HEFCW
  79. 47Compatibility with charity law and governing documents of institutions
  80. 48Duty to take into account importance of protecting academic freedom
  81. 49Duty to take Welsh Ministers' guidance into account Repealed
  82. Reports to be made by HEFCW
  83. 50Annual reports
  84. 51Special reports Repealed
  85. Other information etc to be given by HEFCW
  86. 52Statement in respect of intervention functions
  87. 53Information and advice to be given by HEFCW to Welsh Ministers Repealed
  88. 54Other information and advice
  89. Part 8: GENERAL
  90. 55Regulations
  91. 56Directions given by Welsh Ministers
  92. 57Interpretation
  93. 58Consequential and transitional provision etc
  94. 59Commencement
  95. 60Short title etc
  96. Schedule: CONSEQUENTIAL AND TRANSITIONAL PROVISION ETC
  97. Part 1: MINOR AND CONSEQUENTIAL AMENDMENTS
  98. Further and Higher Education Act 1992
  99. 1Paragraph 1
  100. 2Paragraph 2 Repealed
  101. 3Paragraph 3
  102. 4Paragraph 4 Repealed
  103. Education Act 1996
  104. 5Paragraph 5 Repealed
  105. Education Act 2002
  106. 6Paragraph 6
  107. Higher Education Act 2004
  108. 7Paragraph 7 Repealed
  109. 8Paragraph 8 Repealed
  110. 9Paragraph 9 Repealed
  111. 10Paragraph 10 Repealed
  112. 11Paragraph 11 Repealed
  113. 12Paragraph 12 Repealed
  114. 13Paragraph 13 Repealed
  115. 14Paragraph 14 Repealed
  116. 15Paragraph 15 Repealed
  117. 16Paragraph 16 Repealed
  118. 17Paragraph 17 Repealed
  119. 18Paragraph 18 Repealed
  120. 19Paragraph 19 Repealed
  121. 20Paragraph 20 Repealed
  122. 21Paragraph 21 Repealed
  123. Education Act 2005
  124. 22Paragraph 22 Repealed
  125. Government of Wales Act 2006
  126. 23Paragraph 23 Repealed
  127. Education Act 2011
  128. 24Paragraph 24 Repealed
  129. 25Paragraph 25 Repealed
  130. 26Paragraph 26 Repealed
  131. Part 2: TRANSITIONAL PROVISION
  132. Plans approved under the Higher Education Act 2004
  133. 27Paragraph 27 Repealed
  134. 28Paragraph 28 Repealed
  135. 29Paragraph 29 Repealed
  136. 30Paragraph 30 Repealed
  137. Members of Quality Assessment Committee
  138. 31Paragraph 31 Repealed