2011 No. 965 (W.139)

EDUCATION, WALES

The Higher Education Funding Council for Wales (Supplementary Functions) Order 2011

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by section 69(5) and 89(4) of the Further and Higher Education Act 19921, and now exercisable by them2 make the following Order:

Title, commencement, application and interpretation1

1

The title of this Order is the Higher Education Funding Council for Wales (Supplementary Functions) Order 2011 and it comes into force on 19 April 2011.

2

This Order applies in relation to Wales.

3

In this Order—

a

“the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 20113; and

b

“new fee grant” (“grant ffioedd newydd”) has the meaning given by regulation 2(1) of the 2011 Regulations.

Supplementary Functions

2

The following functions, being functions of the Welsh Ministers under the 2011 Regulations4, are conferred on the Higher Education Funding Council for Wales5—

a

functions relating to the payment of new fee grant under regulation 65 of the 2011 Regulations;

b

functions relating to the recovery of an overpayment of new fee grant under regulation 70 of the 2011 Regulations; and

c

functions relating to a request for and receipt of information under Schedule 3 to the 2011 Regulations, in so far as those functions relate to the payment or recovery of a new fee grant.

3

Nothing in this Order prevents the Welsh Ministers from exercising the functions described in article 2.

Leighton AndrewsMinister for Children, Education and Lifelong Learning, one of the Welsh Ministers

(This note is not part of the Order)

Section 69(5) of the Further and Higher Education Act 1992 provides that the Welsh Ministers may, by order, confer or impose on the Higher Education Funding Council for Wales such supplementary functions relating to the provision of education as they think fit.

This Order confers supplementary functions on the Higher Education Funding Council for Wales.

The functions conferred by this Order are functions exercisable by the Welsh Ministers in regulations made under section 22 of the Teaching and Higher Education Act 1998 which relate to the payment of tuition fee grant to higher education institutions (and the recovery of such grant) in respect of students starting designated higher education courses on or after 1 September 2012.