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The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024

W.S.I. 2024/803 · Made 17 July 2024

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education, Wales

Made 17 July 2024

Coming into force 1 August 2024

The Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 146 of the Tertiary Education and Research (Wales) Act 2022f1.

In accordance with section 143(3) and (4)(e)(ii) of the Tertiary Education and Research (Wales) Act 2022, a draft of this instrument has been laid before, and approved by resolution of, Senedd Cymru.f2

Annotations to the whole text

Footnotes

f1

2022 asc 1.

f2

See also section 40 of the Legislation (Wales) Act 2019 (anaw 4) for provision about the procedure that applies to this instrument.

Contents

  1. 1Title and coming into force
  2. 2Education Reform Act 1988
  3. 3Welsh Language Act 1993
  4. 4Education Act 1994
  5. 5Government of Wales Act 1998
  6. 6Education (Fees and Awards) (Wales) Regulations 2007
  7. 7Education (Student Support) Regulations 2011
  8. 8Dissolution of Further Education Corporations (Publication of Proposals and Prescribed Bodies) (Wales) Regulations 2014
  9. 9Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
  10. 10Education (Student Information) (England) Regulations 2015
  11. 11Education (Postgraduate Master’s Degree Loans) Regulations 2016
  12. Signature
  13. Explanatory note

1Title and coming into force

(1)

The title of these Regulations is the Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024.

(2)

These Regulations come into force on 1 August 2024.

2Education Reform Act 1988

(1)

The Education Reform Act 1988f1 is amended as follows.

(2)

In section 198 (transfers under Parts 1 and 2), in subsection (6), for “that Council” substitute “the Commission for Tertiary Education and Research”f2.

3Welsh Language Act 1993

(1)

The Welsh Language Act 1993f1 is amended as follows.

(2)

In section 6 (meaning of “public body”), in subsection (1), omit paragraph (k).

4Education Act 1994

(1)

The Education Act 1994f1 is amended as follows.

(2)

In section 18C (inspection of teacher training in Wales), in subsection (8), for “a funding agency” substitute “the Commission for Tertiary Education and Research”.

5Government of Wales Act 1998

(1)

The Government of Wales Act 1998f1 is amended as follows.

(2)

In section 28 (reform of other Welsh public bodies)—

(a)

in subsection (1)(a), omit “or III”;

(b)

in subsection (5)(b), omit “or III”.

6Education (Fees and Awards) (Wales) Regulations 2007

(1)

The Education (Fees and Awards) (Wales) Regulations 2007f1 are amended as follows.

(2)

In regulation 2 (interpretation), in paragraph (1), omit the definitions of “the 2005 Act”, “HEFCW” and “training provider”.

(3)

In regulation 4 (fee charging), omit paragraph (3)(c).

(4)

Omit regulation 6 (payments by HEFCW to training providers).

7Education (Student Support) Regulations 2011

(1)

The Education (Student Support) Regulations 2011f1 are amended as follows.

(2)

In regulation 2 (interpretation: general), in paragraph (1), in paragraph (b) of the definition of “authority-funded”, after “Higher Education Funding Council for Wales” insert “before 1st August 2024 or the Commission for Tertiary Education and Research on or after 1st August 2024”.

8Dissolution of Further Education Corporations (Publication of Proposals and Prescribed Bodies) (Wales) Regulations 2014

(1)

The Dissolution of Further Education Corporations (Publication of Proposals and Prescribed Bodies) (Wales) Regulations 2014f1 are amended as follows.

(2)

In regulation 4(1)(h), for “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research”.

(3)

In paragraph 5 of Schedule 2, for “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research”.

9Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

(1)

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015f1 are amended as follows.

(2)

Omit regulation 6.

10Education (Student Information) (England) Regulations 2015

(1)

The Education (Student Information) (England) Regulations 2015f1 are amended as follows.

(2)

In paragraph 1(5) of Schedule 2, for “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research”.

11Education (Postgraduate Master’s Degree Loans) Regulations 2016

(1)

The Education (Postgraduate Master’s Degree Loans) Regulations 2016f1 are amended as follows.

(2)

In regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “authority-funded”, after “Higher Education Funding Council for Wales” insert “before 1st August 2024 or the Commission for Tertiary Education and Research on or after 1st August 2024”.

Signature

Lynne Neagle

Cabinet Secretary for Education, one of the Welsh Ministers

17 July 2024

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under section 146 of the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”) which enables the Welsh Ministers to make provision for the purposes of, in consequence of, or for giving full effect to any provision of the 2022 Act.

The 2022 Act establishes the Commission for Tertiary Education and Research, abolishes the Higher Education Funding Council for Wales, and makes provision in relation to the regulation and funding of tertiary education and research in Wales.

These Regulations make consequential amendments to primary and secondary legislation to reflect the provisions in the 2022 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.