Introductory text

EDUCATION, WALES

Made 21 March 2011

Coming into force 31 March 2011

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales by sections 33, 34, 35, 36, 38, 39 and 47(5) of the Higher Education Act 2004^f1 and now exercisable by them^f2, make the following Regulations.

In accordance with section 47(4) of that Act^f3, a draft of these Regulations was laid before and approved by a resolution of the National Assembly for Wales.

Annotations

Footnotes

f1: 2004 c. 8. Sections 34(1) and 38(4) were amended by paragraphs 31 and 33 of Schedule 14 to the Education Act 2005 (c. 18).
f2: The functions of the National Assembly for Wales as constituted by the Government of Wales Act 1998 (c. 38) contained in Part 3 of the Higher Education Act 2004 were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
f3: The function of making a statutory instrument containing regulations by virtue of section 33(3) and 34 of the Higher Education Act 2004 is substantially the same as the function conferred on the Secretary of State of making a statutory instrument containing regulations by virtue of section 33(2) and 34 of that Act. Section 47(4) provides that the Secretary of State may not make a statutory instrument containing (either alone or with other provisions) regulations by virtue of section 33(2) or 34 unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament. By virtue of paragraph 34(2) of Schedule 11 to the Government of Wales Act 2006 (c. 32), the provision applies to the exercise by the Welsh Ministers of the function of making a statutory instrument containing such regulations as if any reference to either House of Parliament were a reference to the National Assembly for Wales.