Explanatory note

This is the third commencement order made by the Welsh Ministers under the Higher Education Act 2004 (“the 2004 Act”). The Order brings into force provisions concerning the imposition by the Welsh Ministers of conditions to control fees at institutions in Wales which receive grants from the Higher Education Funding Council for Wales.

The provisions of Part 3 of the 2004 Act brought into force by this Order (where applicable in relation to Wales) are as follows:

• section 22, which explains the meaning of a Welsh approved plan;

• section 27, which allows the Welsh Ministers to impose conditions in relation to grants made to a funding body requiring the funding body to impose a condition in relation to grants and loans it makes to relevant institutions;

• section 28, which sets out what the condition imposed by a funding body on relevant institutions requires;

• section 29, which contains supplementary provisions;

• section 30, which explains the meaning of “relevant authority” and confers power on the Welsh Ministers to designate a person to be the relevant authority in relation to Wales;

• section 32(4), which requires the relevant authority in relation to Wales to have regard to guidance given by the Welsh Ministers;

• sections 33 to 36, which make provision for the contents of fee plans, their approval, duration and variation;

• section 38, which makes provision for the enforcement of fee plans;

• section 39, which makes provision for the review of decisions made by the relevant authority in relation to fee plans;

• section 41, which explains the meaning of certain terms used in Part 3 of the 2004 Act.

Article 2 brings relevant provisions into force on 11 February 2011 to enable regulations to be made by the Welsh Ministers.

Articles 3 and 4 bring the remaining provisions of Part 3 of the 2004 Act into force on 31 March 2011 for remaining purposes and where applicable, in relation to Wales.