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Tertiary Education and Research (Wales) Act 2022

2022 asc 1 · Enacted 8 September 2022 · Extends to England and Wales

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 1 August 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 33coming into forceTertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) 2026 art. 24
s. 70coming into forceTertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) 2026 art. 25(a)
s. 71coming into forceTertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) 2026 art. 25(b)
s. 87(5)coming into forceTertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) 2026 art. 25(c)
Sch. 4 para. 6(3)(a)coming into forceTertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) 2026 art. 26(1)

An Act of Senedd Cymru to establish the Commission for Tertiary Education and Research and to make other provision about tertiary education (which includes higher education, further education and training) and research.

[8 September 2022]

Having been passed by Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows:

Contents

  1. Part 1: STRATEGIC FRAMEWORK FOR TERTIARY EDUCATION AND RESEARCH
  2. The Commission
  3. 1Establishment of the Commission for Tertiary Education and Research
  4. The Commission’s strategic duties
  5. 2Promoting life-long learning
  6. 3Promoting equality of opportunity
  7. 4Encouraging participation in tertiary education
  8. 5Promoting continuous improvement in tertiary education
  9. 6Promotion of research and innovation
  10. 7Promoting collaboration and coherence in tertiary education and research
  11. 8Contributing to a sustainable and innovative economy
  12. 9Promoting tertiary education through the medium of Welsh
  13. 10Promoting a civic mission
  14. 11Promoting a global outlook
  15. 12Promoting collaboration between providers of tertiary education and trade unions
  16. Strategy for tertiary education and research
  17. 13Statement of strategic priorities
  18. 14Strategic plan for the Commission
  19. 15Approval, publication and implementation of strategic plan
  20. 16Review of strategic plan
  21. Academic freedom and institutional autonomy
  22. 17Academic freedom of higher education providers and staff
  23. 18Institutional autonomy of tertiary education providers
  24. Compatibility with charity law
  25. 19Compatibility with charity law and governing documents of tertiary education providers
  26. Welsh Ministers’ guidance and directions
  27. 20Guidance
  28. 21The Welsh Ministers’ power to give general directions
  29. Additional functions
  30. 22Additional functions of the Commission
  31. Dissolution of Higher Education Funding Council for Wales
  32. 23Dissolution of the Higher Education Funding Council for Wales
  33. 24Transfer schemes
  34. Part 2: REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS
  35. Chapter 1: REGISTRATION OF TERTIARY EDUCATION PROVIDERS
  36. The register and registration procedure
  37. 25The register
  38. 26Registration procedure
  39. Registration conditions
  40. 27Initial registration conditions
  41. 28General ongoing registration conditions
  42. 29Specific ongoing registration conditions
  43. 30Proportionate conditions etc.
  44. 31Mandatory ongoing registration conditions for each registered provider
  45. 32Mandatory ongoing registration condition on fee limits
  46. 33Mandatory ongoing registration conditions on equal opportunity
  47. 34Power to provide for further mandatory ongoing registration conditions
  48. 35Commission duty to give guidance about ongoing registration conditions
  49. Monitoring and enforcement of registration conditions
  50. 36Commission duty to monitor compliance with ongoing registration conditions
  51. 37Advice and assistance in respect of compliance with ongoing registration conditions
  52. 38Reviews relevant to compliance with ongoing registration conditions
  53. 39Directions in respect of failure to comply with ongoing registration conditions
  54. 40Supplementary provision about directions under section 39
  55. De-registration
  56. 41De-registration
  57. 42De-registration: procedure
  58. 43Voluntary de-registration and de-registration with consent
  59. 44Change of registration category without application
  60. Registration decision reviews
  61. 45Registration decision reviews
  62. Fee limit statements
  63. 46Requirements of a fee limit statement
  64. 47Approval of fee limit statement
  65. 48Publication of approved fee limit statement
  66. 49Validity of contracts
  67. Chapter 2: QUALITY ASSURANCE AND IMPROVING QUALITY
  68. General quality assurance functions
  69. 50Quality assurance frameworks
  70. 51Duty to monitor, and promote improvement in, the quality of regulated tertiary education
  71. 52Advice and assistance in respect of quality of tertiary education
  72. 53Reviews relevant to quality of tertiary education
  73. Assessment of quality in higher education
  74. 54Assessment of quality of higher education
  75. 55Action plans following assessments under section 54
  76. 56Exercise of higher education assessment functions by a designated body
  77. Inspection of further education or training etc.
  78. 57Duty of the Chief Inspector to inspect and report
  79. 58Power of the Chief Inspector to inspect and report
  80. 59Duty to provide information and advice to the Commission
  81. 60Duty to provide information and advice to the Welsh Ministers
  82. 61Additional functions of the Chief Inspector
  83. 62Action plans following inspections by the Chief Inspector
  84. 63Area inspections
  85. 64Right of entry and offences
  86. 65Surveys and studies
  87. 66Annual reports
  88. 67Annual plan of the Chief Inspector
  89. 68Funding of inspections and reports on further education and training etc.
  90. Chapter 3: FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS
  91. Intervention in the conduct of further education institutions
  92. 69Grounds for intervention
  93. 70Powers to intervene
  94. 71Notification by the Commission of grounds for intervention
  95. 72Welsh Ministers’ statement on intervention powers
  96. Access to information and facilities
  97. 73Duty to co-operate
  98. 74Powers of entry and inspection
  99. Warning and review procedure
  100. 75Application of sections 76 to 78
  101. 76Proposed notices and directions: requirement to give warning notice
  102. 77Information to be given with notices and directions and effect pending review
  103. 78Review of notices and directions
  104. 79Decision reviewer
  105. Miscellaneous duties
  106. 80Duty to monitor and report on financial sustainability
  107. 81Commission’s statement on intervention functions
  108. Directions
  109. 82Effect and enforcement of directions
  110. Chapter 4: GENERAL
  111. 83Designation of other providers of tertiary education
  112. 84Interpretation of Part 2
  113. Part 3: SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH
  114. Funding the Commission
  115. 85Power of the Welsh Ministers to fund the Commission
  116. 86Funding the Commission: limitations on terms and conditions
  117. Commission’s funding policy
  118. 87Policy on funding powers
  119. Funding of higher education
  120. 88Financial support to specified providers for higher education
  121. 89Financial support for higher education courses specified in regulations
  122. 90Financial support under sections 88 and 89: terms and conditions
  123. 91Financial support under sections 88 and 89: supplementary
  124. 92Financial support by Welsh Ministers for certain higher education courses
  125. Further education and training
  126. 93Education and training for persons aged 16 to 19
  127. 94Education and training for eligible persons over 19
  128. 95Education and training for persons over 19
  129. 96Requirements on Commission when securing further education and training
  130. 97Financial support for further education or training
  131. 98Financial support for further education or training: further provision
  132. 99Financial resources for further education or training: terms and conditions
  133. 100Means tests
  134. 101School sixth-forms
  135. 102Persons with additional learning needs
  136. Financial support for other activities connected to tertiary education
  137. 103Financial support for other activities connected to tertiary education
  138. Financial support for apprenticeships
  139. 104Financial support for apprenticeships
  140. Research and innovation
  141. 105Financial support for research and innovation
  142. 106Financial support for research and innovation: terms and conditions Not yet in force
  143. 107The Commission’s other functions in relation to research and innovation Not yet in force
  144. Terms and conditions: quality, governance etc., welfare and equal opportunities
  145. 108Financial support under sections 89, 97 and 104: further provision about terms and conditions
  146. Collaborating bodies: consent
  147. 109Consent for payments to collaborating bodies‍
  148. Financial support directions
  149. 110Financial support directions
  150. Part 4: APPRENTICESHIPS
  151. Introductory
  152. 111Meaning of “approved Welsh apprenticeship”
  153. 112Meaning of “approved Welsh apprenticeship agreement”
  154. 113Meaning of “alternative Welsh apprenticeship”
  155. 114Meaning of “apprenticeship framework”
  156. Functions of the Welsh Ministers
  157. 115Specification of requirements in relation to approved Welsh apprenticeship
  158. 116Consultation by Welsh Ministers about specifications
  159. Functions of the Commission Not yet in force
  160. 117Preparation and publication of apprenticeship frameworks Not yet in force
  161. 118Register of apprenticeship frameworks Not yet in force
  162. 119Power to issue apprenticeship certificates Not yet in force
  163. 120Delegation of Commission functions Not yet in force
  164. Supplementary provisions about apprenticeship agreements Not yet in force
  165. 121Ineffective provisions of approved Welsh apprenticeship agreements Not yet in force
  166. 122Status of approved Welsh apprenticeship agreements Not yet in force
  167. 123Transfer of copyright in apprenticeship frameworks Not yet in force
  168. 124Crown servants Not yet in force
  169. General
  170. 125Interpretation of Part 4
  171. Part 5: LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT
  172. 126Learner protection plans
  173. 127Complaints procedures
  174. 128Qualifying institutions for student complaints scheme
  175. 129Learner Engagement Code
  176. Part 6: INFORMATION, ADVICE AND GUIDANCE
  177. 130Information and advice from the Commission and information from the Welsh Ministers
  178. 131Persons required to provide information to the Commission
  179. 132Powers to share information
  180. 133Power to require application-to-acceptance information
  181. 134Use of application-to-acceptance information for research purposes
  182. 135Other information, advice and guidance
  183. 136Research by the Commission or the Welsh Ministers
  184. Part 7: MISCELLANEOUS AND GENERAL
  185. Higher education corporations
  186. 137Instruments of government of higher education corporations in Wales
  187. 138Articles of government of higher education corporations in Wales
  188. 139Dissolution of higher education corporations in Wales
  189. Consultation about careers services
  190. 140Duty to consult the Commission on careers services
  191. General
  192. 141Data Protection
  193. 142Publication
  194. 143Regulations
  195. 144General interpretation
  196. 145Power to provide for the Open University to be treated as a tertiary education provider in Wales
  197. 146Power to make consequential and transitional provision etc.
  198. 147Minor and consequential amendments
  199. 148Coming into force
  200. 149Short title
  201. Schedule 1: COMMISSION FOR TERTIARY EDUCATION AND RESEARCH
  202. 1Status
  203. 2Membership
  204. 3The chair and ordinary members
  205. 4Associate membership
  206. 5Appointment of associate workforce members
  207. 6Appointment of associate Commission staff member
  208. 7Appointment of associate learner member
  209. 8Terms of associate membership etc.
  210. 9Removal of associate member from office
  211. 10Chief executive and other staff
  212. 11Research and Innovation Committee, Quality Committee and other committees
  213. 12Chair of the RIC
  214. 13Joint committees
  215. 14Duty to ensure good value
  216. 15Accounts and audit
  217. 16Annual reports
  218. 17Meaning of “financial year” and “academic year”
  219. 18Delegation by the Commission
  220. 19Delegation by committees
  221. 20Proceedings
  222. 21Register of interests
  223. 22Supplementary powers
  224. Schedule 2: TRANSFERS OF PROPERTY AND STAFF TO THE COMMISSION
  225. 1Power to make transfer schemes
  226. 2Modification of transfer schemes
  227. 3Duty to lay transfer schemes before Senedd Cymru
  228. 4Interpretation
  229. Schedule 3: ASSESSING HIGHER EDUCATION: DESIGNATED BODY
  230. Part 1: DESIGNATION
  231. 1Designation
  232. 2Bodies suitable to exercise assessment functions
  233. 3Removal of designation
  234. Part 2: OVERSIGHT BY THE COMMISSION
  235. 4Application
  236. 5Power to provide funding
  237. 6Oversight arrangements
  238. 7Annual report by the designated body
  239. 8Power of the Commission to give directions
  240. 9Duty of the Commission to inform the Welsh Ministers about significant concerns
  241. Part 3: POWER TO CHARGE FEES
  242. 10Paragraph 10
  243. Part 4: INTERPRETATION
  244. 11Paragraph 11
  245. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  246. 1Employment and Training Act 1973 (c. 50)
  247. 2Education (Fees and Awards) Act 1983 (c. 40)
  248. 3Education (No. 2) Act 1986 (c. 61)
  249. 4Employment Act 1988 (c. 19)
  250. 5Education Reform Act 1988 (c. 40)
  251. 6Further and Higher Education Act 1992 (c. 13)
  252. 7Education Act 1994 (c. 30)
  253. 8Education Act 1996 (c. 56)
  254. 9Education Act 1997 (c. 44)
  255. 10Teaching and Higher Education Act 1998 (c. 30) Not yet in force
  256. 11School Standards and Framework Act 1998 (c. 31)
  257. 12Government of Wales Act 1998 (c.38)
  258. 13Care Standards Act 2000 (c. 14)
  259. 14Learning and Skills Act 2000 (c. 21)
  260. 15Education Act 2002 (c. 32)
  261. 16Higher Education Act 2004 (c. 8)
  262. 17Children Act 2004 (c. 31)
  263. 18Education Act 2005 (c. 18)
  264. 19Commissioner for Older People (Wales) Act 2006 (c. 30)‍
  265. 20Government of Wales Act 2006 (c. 32)
  266. 21Safeguarding Vulnerable Groups Act 2006 (c. 47)
  267. 22Education and Skills Act 2008 (c. 25)
  268. 23Learner Travel (Wales) Measure 2008 (nawm 2)
  269. 24Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) Not yet in force
  270. 25Learning and Skills (Wales) Measure 2009 (nawm 1)
  271. 26Equality Act 2010 (c. 15) Not yet in force
  272. 27Children and Families (Wales) Measure 2010 (nawm 1)
  273. 28Welsh Language (Wales) Measure 2011 (nawm 1)
  274. 29School Standards and Organisation (Wales) Act 2013 (anaw 1)
  275. 30Social Services and Well-being (Wales) Act 2014 (anaw 4)
  276. 31Higher Education (Wales) Act 2015 (anaw 1)
  277. 32Well-being of Future Generations (Wales) Act 2015 (anaw 2)
  278. 33Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)
  279. 34Qualifications Wales Act 2015 (anaw 5)
  280. 35Deregulation Act 2015 (c. 20) Not yet in force
  281. 36Environment (Wales) Act 2016 (anaw 3)
  282. 37Public Health (Wales) Act 2017 (anaw 2)
  283. 38Higher Education and Research Act 2017 (c. 29)
  284. 39Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
  285. 40The Welsh Language Standards (No. 6) Regulations 2017 (S.I. 2017/90)
  286. 41Public Services Ombudsman (Wales) Act 2019 (anaw 3)