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