# The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) Order 2026, Note: Explanatory note


(This note is not part of the Order)
This Order brings into force provisions of the Tertiary Education and Research (Wales) Act 2022 (“the Act”) and makes transitory, transitional and savings provision in connection with the coming into force of certain provisions.
Article 1 makes provision in respect of the title and interpretation of this Order.
Article 2 brings provisions of the Act into force in full on 1 April 2026. Article 2(a) brings section 50 of the Act into force, in so far as it is not already in force. Under section 50(5) and (6), the Commission for Tertiary Education and Research (“the Commission”), His Majesty’s Chief Inspector of Education and Training in Wales (“the Chief Inspector”) and the body designated under Schedule 3 to the Act to exercise quality assessment functions must, so far as relevant to the exercise of their functions, have regard to a quality assurance framework published under section 50.
Article 4 brings sections 51 to 53 of the Act into force on 1 April 2026 subject to transitory modifications described in article 4(4) and (5). Section 51 of the Act requires the Commission to monitor and promote improvement in the quality of certain tertiary education. Article 2(vv)(ii) brings paragraph 16(1)(d) of Schedule 1 to the Act into force which provides for the Commission’s annual report to give an assessment of the quality of tertiary education that the Commission must monitor under section 51. Section 52 of the Act enables the Commission to provide, or make arrangements for the provision of, advice or other assistance in respect of certain tertiary education or a particular course of tertiary education for the purposes of improving the quality of that education or course or preventing the quality of that education or course from becoming inadequate. Section 53 of the Act enables the Commission to carry out, or arrange for another person to carry out, a review of any matters that it considers relevant to the quality of certain tertiary education or particular courses of tertiary education.
Article 7(1) brings section 57 of the Act into force on 1 April 2026, in so far as it is not already in force, subject to transitional provisions described in article 7(2). Section 57 of the Act requires the Chief Inspector to inspect certain education and training.
Article 2(b) to (l) brings sections 58 to 68 of the Act into force. Those sections confer a power upon the Chief Inspector to inspect and report on certain education and training (section 58) and require the Chief Inspector to provide certain information and advice to the Commission and the Welsh Ministers (sections 59 and 60). Under section 61, the Welsh Ministers may confer, by regulations, certain other functions on the Chief Inspector. Section 62 provides for the publication of action plans following certain inspections conducted by the Chief Inspector and section 63 enables the Chief Inspector to undertake area inspections. Section 64 provides that, in conducting an inspection under Chapter 2 of Part 2 of the Act, the Chief Inspector has certain rights to enter premises and inspect records. Under section 65, the Commission may direct the Chief Inspector to carry out certain surveys and studies and sections 66 and 67 make provision relating to the annual report and annual plan of the Chief Inspector. Section 68 provides for the funding of the Chief Inspector by the Commission.
Article 2(ww)(v) (in so far as it relates to paragraph 8(10)(b) and (c) of Schedule 4 to the Act), (vi), (xxiii) to (xxv), (xxvii), (xxxi) to (xxxv), (xxxvii), (xxxix) (in so far as it relates to paragraph 20(3)(a) of Schedule 4 to the Act) and (xl) (in so far as it relates to paragraph 21(2) of Schedule 4 to the Act), brings into force amendments which are consequential upon the coming into force of sections 57 to 68 of the Act.
Articles 13 to 15 provide for transitional provisions in relation to inspections of the Chief Inspector being carried out immediately before 1 April 2026; the annual report of the Chief Inspector in respect of the period ending with 31 March 2026; and the annual plan of the Chief Inspector in respect of the financial year ending with 31 March 2027.
Article 2(m) brings section 69 of the Act into force. Section 69 sets out the grounds upon which the Welsh Ministers may intervene under sections 70 and 71 of the Act in the conduct of a tertiary education provider in Wales that is an institution within the further education sector. Section 70 of the Act sets out the Welsh Ministers’ powers to intervene in relation to such a provider if one or more of the grounds for intervention exist.
Article 3(a) brings sections 70 and 71 of the Act into force on 1 April 2026 for the purposes of enabling the Welsh Ministers to publish a statement, under section 72 of the Act, setting out how they propose to exercise their intervention powers under section 70. Article 2(n) brings section 72 of the Act into force. Article 25(a) and (b) brings sections 70 and 71 of the Act into force for all remaining purposes on 1 April 2027. Article 26 brings paragraph 6(3)(a) of Schedule 4 to the Act into force on 1 April 2027, subject to savings. Paragraph 6(3)(a) of Schedule 4 repeals section 57 of the Further and Higher Education Act 1992 (“the 1992 Act”) which sets out the Welsh Ministers’ current powers to intervene in the conduct of an institution in Wales within the further education sector. Article 26 provides for any orders made by the Welsh Ministers pursuant to section 57(4) of the 1992 Act before 1 April 2027 to continue in effect.
Article 2(o) brings section 80 of the Act into force. Section 80 requires the Commission to monitor the financial sustainability of providers registered with the Commission under Part 2 of the Act and certain other tertiary education providers. Article 2(vv)(iii) brings paragraph 16(1)(e) of Schedule 1 to the Act into force which requires the Commission’s annual report to include information relating to section 80.
Article 2(p) brings section 89(3), (4) and (5) of the Act into force, in so far as those provisions are not already in force. Section 89 enables the Commission to provide financial support for certain higher education courses specified in regulations.
Article 2(q) and (r) brings sections 90 and 91 of the Act into force. Section 90 makes provision about the terms and conditions on which the Commission may provide financial support under section 88 or 89 of the Act. Section 91 makes supplementary provision in relation to financial support provided under section 88 or 89.
Article 2(s) brings section 92 of the Act into force. Section 92 enables the Welsh Ministers to secure the provision of financial resources for certain relevant higher education courses described in section 92(5).
Article 2(t) brings section 93 of the Act into force. Section 93 requires the Commission to secure the provision of proper facilities for certain further education and training for persons aged 16 to 19.
Article 2(u) to (z) brings sections 95 to 100 of the Act into force. Section 95 requires the Commission to secure the provision of reasonable facilities for certain further education and training for persons aged over 19. Section 96 imposes requirements on the Commission in discharging its duties to secure facilities for education and training. Section 97 enables the Commission and the Welsh Ministers to secure the provision of financial support for further education or training. Sections 98 and 99 make further provision in relation to financial support under section 97. Section 100 enables the Commission or the Welsh Ministers to carry out means tests, or arrange for such tests to be carried out, the results of which may be taken into account in the exercise of functions under section 97(1)(d) or (e).
Article 2(ww)(vii) brings paragraph 14(2) of Schedule 4 to the Act into force which repeals sections 31 to 33 of the Learning and Skills Act 2000 (“the 2000 Act”). The repeal of these sections is in consequence of provisions of Part 3 of the Act coming into force.
Article 2(ww)(viii) to (xx) brings paragraph 14(4), (6) to (9), (10)(a) and (b) and (11) to (17) of Schedule 4 to the Act into force. Articles 8 to 10 bring, respectively, paragraph 14(3), (5) and (10)(c) of Schedule 4 to the Act into force on 1 April 2026 subject to transitional provisions. These provisions amend sections 33A to 33E, 33G and 33I to 33Q of the 2000 Act to give responsibility for the formation of local curricula for learners aged 16 to 18 to the Commission instead of the Welsh Ministers and make related amendments in consequence of this.
Article 2(ww)(xxi) brings paragraph 14(18) of Schedule 4 to the Act into force which repeals sections 34 to 38 of the 2000 Act. The repeal of these sections is in consequence of provisions of Part 3 of the Act coming into force.
Article 2(ww)(i) brings paragraph 4 of Schedule 4 to the Act into force. Paragraph 4 of Schedule 4 amends section 26 of the Employment Act 1988 to take account of the omission of section 34 of the 2000 Act by paragraph 14(18) of Schedule 4 to the Act. Article 2(ww)(iv), (xxvi), (xxx), (xxxvi), (xxxviii), (xl) (in so far as it relates to paragraph 21(3) of Schedule 4 to the Act), (xli), (xlii) and (xliii) also brings amendments into force which are consequential upon the repeal of provisions in Part 2 of the 2000 Act.
Article 2(ww)(xlv) brings paragraph 39 of Schedule 4 to the Act into force. Paragraph 39(4) omits, amongst other provisions, section 50(2) and (3) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”). These amendments are consequential upon the repeal of sections 31 and 32 of the 2000 Act.
Article 2(ww)(xxii) brings paragraph 14(20) of Schedule 4 to the Act into force. Paragraph 14(20) omits section 41 of the 2000 Act. Section 41 of the 2000 Act requires the Welsh Ministers, in discharging certain of their functions in Part 2 of the 2000 Act, to have regard to the needs of persons with additional learning needs. This amendment is consequential upon the repeal of sections 31, 32 and 34 of the 2000 Act. Paragraph 39(4) of Schedule 4 to the Act, which is brought into force by article 2(ww)(xlv), omits, amongst other provisions, section 50(4) of the 2018 Act. This is in consequence of the repeal of section 41 of the 2000 Act.
Article 3(b)(i) and (ii) brings paragraphs 15(7) and 25(4) of Schedule 4 to the Act partially into force on 1 April 2026. The amendments made by these provisions are consequential upon the repeal of provisions in Part 2 of the 2000 Act.
Article 2(aa) brings section 101 of the Act into force, in so far as it is not already in force. Section 101 enables the Commission to make a grant to a local authority in Wales in relation to school sixth-forms.
Article 2(bb) brings section 102 of the Act into force. Section 102 provides that, in exercising certain functions under the Act, the Commission must have regard to (amongst other things) the needs of persons with additional learning needs.
Article 2(cc) brings section 103 of the Act into force, in so far as it is not already in force. Section 103 enables the Commission or the Welsh Ministers to secure the provision of financial resources for certain activities connected to tertiary education.
Article 2(dd) brings section 108 of the Act into force. Section 108 makes provision about the terms and conditions that may be imposed when financial resources are provided by the Commission under section 89(3), 97(1)(a) or (b) or 104(1)(a) of the Act to a provider that is not registered with the Commission.
Article 2(ee) brings section 109 of the Act into force. Section 109 provides for the Commission to give consent for payments to be made to collaborating bodies under certain provisions of the Act and how such consent may be withdrawn, varied or suspended.
Article 2(ff) to (kk) and (ll) brings sections 111 to 116 and 125 of the Act into force, respectively. Sections 111 to 114 define the terms “approved Welsh apprenticeship”; “approved Welsh apprenticeship agreement”; “alternative Welsh apprenticeship” and “apprenticeship framework”, respectively. Section 115 enables the Welsh Ministers to specify requirements in relation to approved Welsh apprenticeships and section 116 requires the Welsh Ministers to consult in relation to the specification of such requirements. Section 125 provides for the interpretation of Part 4 of the Act.
Article 2(mm) brings section 127 of the Act into force. Section 127 requires the Commission to take such steps as appear appropriate to ensure that certain tertiary education providers have complaints procedures in place.
Article 2(nn) brings section 128 of the Act into force. Section 128 makes amendments to sections 11 and 12 of the Higher Education Act 2004 which concern the student complaints scheme under that 2004 Act. Article 2(ww)(xxviii) and (xxix) brings paragraph 16(1) and (3) of Schedule 4 to the Act into force which makes an amendment which is consequential upon the coming into force of section 128 of the Act.
Article 2(oo) to (rr) brings certain provisions of section 131 of the Act into force, some of which are already partially in force. Section 131 enables the Commission to require, by notice, certain persons listed in section 131(2) to provide the Commission with such information as it requests for the purposes of the exercise of any of the Commission’s functions. Article 6 brings section 131(2)(b)(ii) to (v) of the Act into force on 1 April 2026 subject to a transitory modification which provides for the reference to “a registered provider” to be read as if it were a reference to “a regulated institution” until 31 July 2026. Article 23 also makes transitory modifications to section 131(2)(b) so that persons in receipt of funding under section 65 of the 1992 Act can be required to provide the Commission with information for the purposes of the exercise of the Commission’s functions. This modification applies until section 65 of the 1992 Act is repealed.
Article 2(ss) brings section 132(1)(f) of the Act into force. Section 132(1)(f) enables a body designated under Schedule 3 to the Act to give information to the Commission for the purposes of the exercise of any of the Commission’s functions. Article 16(d) brings provisions in Schedule 3 to the Act into force (some of which are already partially in force) on 31 July 2026. Paragraphs 4 to 9 of Schedule 3 provide for oversight of a designated body by the Commission. Paragraph 10 of Schedule 3 enables a designated body to charge fees to any tertiary education provider in relation to which the body exercises its assessment functions.
Article 2(tt) and (uu) bring sections 137 and 138 of the Act into force, respectively. Section 137 amends section 124A of the Education Reform Act 1988 which concerns instruments of government of higher education corporations in Wales. Section 138 amends sections 125 and 232 of the Education Reform Act 1988 which concern articles of government of such higher education corporations.
Article 2(vv)(i) and (iv) brings paragraph 16(1)(c) and 16(2) of Schedule 1 to the Act into force, respectively. Paragraph 16(1)(c) and (2) provides for the Commission’s annual report to include information relating to the provision of tertiary education in Wales through the medium of Welsh.
Article 2(ww)(iii) brings paragraph 6(4) of Schedule 4 to the Act into force. Paragraph 6(4) amends section 83(1B) of the Government of Wales Act 2006. As a consequential amendment, article 3(b)(iii) brings paragraph 38(2) of Schedule 4 to the Act into force on 1 April 2026 to the extent it omits paragraph 24 of Schedule 11 to the Higher Education and Research Act 2017.
Article 11(1) brings paragraph 33(2)(a) of Schedule 4 to the Act into force on 1 April 2026 subject to transitional provisions. Article 2(ww)(xliv) brings paragraph 33(2)(c) of Schedule 4 to the Act into force, in so far as it is not already in force and article 12(1) brings paragraph 33(2)(d) into force on 1 April 2026 in so far as it is not already in force subject to transitional provision. Paragraph 33(2)(a), (c) and (d) amends section 10 of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015. Section 10 of that 2015 Act relates to guidance that may be issued to further and higher education institutions.
Article 2(ww)(xlv) brings paragraph 39 of Schedule 4 to the Act into force. Paragraph 39(2), (3) and (5) inserts references to the Commission and the Welsh Ministers into the 2018 Act.
Article 5(1) brings section 110 of the Act into force on 1 April 2026 subject to transitory modifications. Section 110 enables the Welsh Ministers to give financial support directions to the Commission. Article 2(ww)(ii) brings paragraph 6(3)(h) of Schedule 4 to the Act into force which repeals section 81 of the 1992 Act. The repeal of section 81 of the 1992 Act is consequential upon the coming into force of section 110 of the Act. Article 3(b)(iii) brings paragraph 38(2) of Schedule 4 to the Act into force on 1 April 2026, to the extent it omits paragraph 22 of Schedule 11 to the Higher Education and Research Act 2017. This is consequential upon the repeal of section 81 of the 1992 Act.
Article 16 brings provisions of the Act into force, in full, on 31 July 2026. Article 16(a) brings section 49 of the Act into force which applies where a contract between a provider and a qualifying person undertaking a qualifying course provides for the payment of fees by the person which exceed the applicable fee limit.
Article 18(1) brings section 54 of the Act into force on 31 July 2026 to the extent it is not already in force and subject to a temporary modification to section 54(3). Section 54 requires the Commission to assess, or make arrangements for the assessment of, the quality of higher education provided by registered providers and provided on their behalf. Section 54 also enables the Commission to assess, or make arrangements for the assessment of, the quality of higher education provided in Wales by any tertiary education provider. The Commission must publish a report of such assessments. Article 16(b) provides for section 55 of the Act to come into force. Section 55 requires the governing body of a provider that provides the higher education assessed, or on behalf of which the higher education is provided, to prepare an action plan in response to the Commission’s published report.
Article 16(c) brings paragraphs 16(1)(i) and 17(2) of Schedule 1 to the Act into force which require the Commission’s annual report to include details of how an assessment body designated under Schedule 3 to the Act has exercised its functions during the academic year.
Article 16(e) brings paragraph 3(2)(a) of Schedule 4 to the Act into force which substitutes a new paragraph (aa) into section 43(5) of the Education (No.2) Act 1986 so that section 43 applies to providers registered under section 25 of the Act, other than those which also fall within section 43(5)(a) or (ba) of that 1986 Act, or schools.
Article 19 provides for paragraph 1 of Schedule 4 to the Act to come into force on 31 July 2026 subject to transitory modifications. Paragraph 1 of Schedule 4 to the Act substitutes a new paragraph (a) into section 8(4) of the Employment and Training Act 1973.
Article 20 provides for paragraph 6(5)(b) and (c) of Schedule 4 to the Act to come into force on 31 July 2026 subject to transitory modifications. Paragraph 6(5)(b) of Schedule 4 makes amendments to section 91(5) of the 1992 Act which provides a definition of institutions within the higher education sector for the interpretation of the Education Acts. Section 91(5) of the 1992 Act is amended so that it includes reference to certain providers registered with the Commission. Paragraph 6(5)(c) of Schedule 4 provides for the omission of section 91(5A) of the 1992 Act. Article 17 provides for paragraph 31 of Schedule 4 to the Act to come into force on 31 July 2026 to the extent that it omits paragraph 4 of the Schedule to the Higher Education (Wales) Act 2015, which is consequential upon the coming into force of paragraph 6(5)(b) and (c) of Schedule 4 to the Act.
Article 21 provides for paragraphs 13(2)(a) and 19(2)(b) and (3) of Schedule 4 to the Act to come into force on 31 July 2026 subject to transitory modifications. Paragraph 13(2)(a) of Schedule 4 substitutes a new paragraph 7 into Schedule 2A to the Care Standards Act 2000. Paragraph 19(2)(b) and (3) makes amendments to, respectively, Schedules 2 and 3 to the Commissioner for Older People (Wales) Act 2006.
Article 22 provides for sections 133 and 134 of the Act to come into force on 1 August 2026. Section 133 provides for the Welsh Ministers to require, by notice, certain information from persons providing admissions services to Welsh higher education providers for use for qualifying research. Section 134 sets out how the Welsh Ministers may use information obtained under section 133 and with whom the information may be shared.
Article 24 provides for section 33 of the Act to come into force on 1 January 2027 in so far as it is not already in force. Section 33(1) requires the Commission to ensure that the ongoing registration conditions of providers registered with the Commission include conditions requiring the delivery of measurable outcomes to further the aims set out in section 33(2).
Article 25(c) provides for section 87(5) of the Act to come into force, in so far as it is not already in force, on 1 April 2027. Section 87(5) lists the Commission’s funding powers that relate to the Commission’s statement of its funding policy to be published under section 87.

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Source: https://www.legislation.gov.uk/wsi/2026/62/note (the official version)
Page: https://openlegislation.uk/tertiary-education-and-research-wales-act-2022-commencement-no-7-transitory-transitional-and-savings-provisions-order-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.