Section 124A Constitution and conduct of higher education corporations in Wales.F1F11
England and Wales
For each higher education corporation F2in Wales established on or after the appointed day there shall be an instrument (to be known as the instrument of government) providing for the constitution of the corporation and making such other provision as is required under this section.
The initial instrument of government of a higher education corporation F3in Wales established on or after that day shall be such as is prescribed by an order of the Privy Council.
An order of the Privy Council may—
make an instrument of government of any higher education corporation F4in Wales with respect to which Schedule 7 to this Act has effect or make a new instrument of government of any higher education corporation in Wales in place of the instrument prescribed under subsection (2) above; or
modify an instrument made in pursuance of this subsection.
An instrument of government of a higher education corporation F5in Wales—
shall comply with the requirements of Schedule 7A to this Act; and
may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.
An order under subsection (2) or (3) above may make such provision as appears to the Privy Council necessary or desirable to secure continuity in the government of the institution or institutions to which it relates.
The validity of any proceedings of a higher education corporation F6in Wales for which an instrument of government has effect, or of any committee of such a corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
Every document purporting to be an instrument made or issued by or on behalf of a higher education corporation F7in Wales for which an instrument of government has effect and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
In relation to a higher education corporation F8in Wales for which an instrument of government has effect the members of the corporation for the time being shall be known as the board of governors of the institution conducted by the corporation.
The Secretary of State may by order amend or repeal any of paragraphs F92 to 11 of Schedule 7A to this Act.
Before making an order under subsection (9) the Welsh Ministers must consult—
the Commission for Tertiary Education and Research, and
any other persons they think appropriate.
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—
subsection 122A(3);
in subsection (4) of this section, the words “any provision authorised to be made by that Schedule and”;
in section 124C—
in subsection (1), the words beginning with “and, in determining” to the end;
subsection (2).
In this section and section 124C “the appointed day” means the day appointed under section 94 of the Further and Higher Education Act 1992 for the commencement of section 71 of that Act.
Annotations
Textual amendments
- F1
Ss. 124A-124D inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(1); S.I. 1992/831, art. 2, Sch. 1
- F2
Words in s. 124A(1) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F3
Words in s. 124A(2) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F4
Words in s. 124A(3)(a) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F5
Words in s. 124A(4) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F6
Words in s. 124A(6) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F7
Words in s. 124A(7) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F8
Words in s. 124A(8) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(b); S.I. 2018/1226, reg. 4(o)
- F9
Words in s. 124A(9) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), ss. 137(2), 148(2) (with s. 19); W.S.I. 2026/62, art. 2(tt)
- F10
S. 124A(9A)(9B) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), ss. 137(3), 148(2) (with s. 19); W.S.I. 2026/62, art. 2(tt)
- F11
Words in s. 124A heading substituted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 9(a); S.I. 2018/1226, reg. 4(o)
Notes on Part II
Modifications
- C1
Pt. II (ss. 120-161) modified (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 84(2); S.I. 1992/831, art. 2, Sch.1.
Notes on Chapter II
Modifications
- C1
Pt. II Ch. II (ss. 121-138) modified (temp. until 31. 3. 1993) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 64(1); S.I. 1992/831, art. 2, Schs.1 and 3.