Tertiary Education and Research (Wales) Act 2022

The Commission’s strategic duties E+W

Valid from 04/09/2023

2 Promoting life-long learning E+W

The Commission must promote tertiary education for the people of Wales that—

(a) provides opportunities for people to participate in tertiary education throughout their lives from the age of 16;

(b) includes a variety of levels of study and types of qualification;

(c) includes a variety of educational settings and modes of study;

(d) is organised coherently to facilitate movement of learners through different stages of tertiary education and into employment or business;

(e) otherwise meets the different requirements of those who may wish to undertake tertiary education.

Commencement Information

I1 S. 2 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

3 Promoting equality of opportunity E+W

(1) The Commission must promote—

(a) increased participation in‍ Welsh tertiary education by persons who are members of under-represented groups;

(b) increased participation in the carrying out of research and innovation in Wales by persons who are members of under-represented groups;

(c) retention of students who are members of under-represented groups to the end of courses of‍ Welsh tertiary education;

(d) reduction of any gaps in attainment in‍ Welsh tertiary education between different groups of students where the differences arise from social, cultural, economic or organisational factors;

(e) the provision of support for students finishing courses of‍ Welsh tertiary education who are members of under-represented groups to continue their tertiary education, find employment or start a business.

(2) In this section, “under-represented groups” are—

(a) in relation to tertiary education, groups that are under-represented in‍ Welsh tertiary education as a result of social, cultural, economic or organisational factors, and

(b) in relation to research and innovation, groups that are under-represented in the carrying out of research and innovation in Wales as a result of social, cultural, economic or organisational factors.

Commencement Information

I2 S. 3 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

4 Encouraging participation in tertiary education E+W

The Commission must—

(a) encourage individuals who are ordinarily resident in Wales, in particular those who have additional learning needs, to participate in tertiary education, and

(b) encourage employers in Wales to participate in the provision of tertiary education.

Commencement Information

I3 S. 4 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

5 Promoting continuous improvement in tertiary education E+W

(1) The Commission must promote continuous improvement in the quality of‍ Welsh tertiary education.

(2) In discharging this duty, the Commission must have regard (among other things) to—

(a) the importance of ensuring that members of the tertiary education workforce are capable of providing tertiary education of a high quality;

(b) the reasonable requirements of members of the tertiary education workforce for continuous professional development;

(c) the importance of the views of learners about the quality of the tertiary education they receive.

(3) In this section, “members of the tertiary education workforce” are—

(a) teachers of persons receiving tertiary educatio‍n,

(b) persons who provide support to such teachers, and

(c) persons who provide support to learners to participate in tertiary education.

Commencement Information

I4 S. 5 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

6 Promotion of research and innovation E+W

(1) The Commission must promote—

(a) the carrying out of research and innovation in Wales;

(b) continuous improvement in the quality of research and innovation carried out by relevant persons, and the competitiveness of that research and innovation compared to research and innovation carried out by other persons;

(c) collaboration on research and innovation, both in Wales and elsewhere in the world between—

(i) relevant persons;

(ii) relevant persons and others;

(d) the carrying out by relevant persons of research and innovation and of activities related to research and innovation through the medium of Welsh.

(2) In subsection (1), “relevant person” means—

(a) a provider specified in regulations under section 105(4);

(b) a collaborating body within the meaning given by section 105(4) when carrying out research and innovation in respect of which consent given by the Commission under section 105(5) is in effect.

Commencement Information

I5 S. 6 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

7 Promoting collaboration and coherence in tertiary education and research E+W

The Commission must promote—

(a) collaboration between‍ tertiary education providers in Wales, schools in Wales and employers;

(b) coherence in the provision of tertiary education by tertiary education providers in Wales and the alignment of such provision with research and innovation priorities.

Commencement Information

I6 S. 7 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

8 Contributing to a sustainable and innovative economy E+W

(1) The Commission must promote tertiary education and research in a way that contributes to the development of a sustainable and innovative economy in Wales.

(2) In discharging this duty, the Commission must have regard (among other things) to the reasonable requirements of industry, commerce, finance, the professions, other employers and workers.

(3) For the purpose of subsection (1), a sustainable economy is an economy in which the needs of the present are met without compromising the ability of future generations to meet their own needs.

Commencement Information

I7 S. 8 not in force at Royal Assent, see s. 148(2)

9 Promoting tertiary education through the medium of Welsh E+W

(1) The Commission must—

(a) encourage‍ demand for, and participation in,‍ Welsh tertiary education provided through the medium of Welsh;

(b) take all reasonable steps to ensure that there is sufficient‍ Welsh tertiary education provided through the medium of Welsh to meet‍ demand;

(c) encourage the provision of tertiary education through the medium of Welsh by—

(i) registered providers in Wales, and

(ii) other persons providing tertiary education funded or otherwise secured by the Commission.

(2) The Welsh Ministers must designate a person to give relevant advice to the Commission.

(3) In this section, “relevant advice” means advice given for the purpose of assisting the Commission in the discharge of its duties under subsection (1).

(4) A person may be designated under subsection (2) only if the Welsh Ministers consider the person is suitable to give advice on the following—

(a) the promotion, maintenance, development and planning of tertiary education provided in Wales through the medium of Welsh,

(b) the promotion of the acquisition and improvement of Welsh language skills,

(c) the maintenance, development, planning and provision of activities to support the acquisition and improvement of Welsh language skills, and

(d) collaboration between tertiary education providers in Wales in relation to the matters mentioned in paragraphs (a) to (c).

(5) The duty in subsection (1) does not apply if—

(a) the Welsh Ministers consider there is no person suitable to give advice on the matters mentioned in subsection (4), or

(b) there is no person who consents to be designated.

(6) The Commission must have regard to any relevant advice given to it by a person designated under subsection (2).

(7) The Commission must publish a designation made by the Welsh Ministers under subsection (2).

(8) A designation under subsection (2) may be removed.

Commencement Information

I8 S. 9 not in force at Royal Assent, see s. 148(2)

I9 S. 9(2)-(5)(7)(8) in force at 15.12.2022 by S.I. 2022/1318, art. 2(b)

Valid from 04/09/2023

10 Promoting a civic mission E+W

(1) The Commission must promote the pursuit of a civic mission by tertiary education providers in Wales that are institutions within the further education sector and the higher education sector.

(2) The Commission may exercise its functions under this Act to promote the pursuit of a civic mission by other persons (other than the tertiary education providers mentioned in subsection (1)) who are funded by the Commission under this Act.

(3) In this section, a “civic mission” means action for the purpose of promoting or improving the economic, social, environmental or cultural well-being of Wales (including action aimed at achieving any of the well-being goals in section 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2)).

(4) In subsection (3) and in section 11, “well-being of Wales” includes the well-being of—

(a) the whole or any part of Wales;

(b) all or any persons resident or present in Wales.

Commencement Information

I10 S. 10 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

11 Promoting a global outlook E+W

The Commission must promote—

(a) opportunities in tertiary education for persons ordinarily resident in Wales to study or teach elsewhere in the world;

(b) opportunities to study or teach in tertiary education in Wales for persons ordinarily resident outside Wales;

(c) opportunities for the benefits gained from study and teaching of the kind mentioned in paragraphs (a) and (b) to be used for the economic, social, environmental or cultural well-being of Wales;

(d) collaboration in tertiary education between‍ tertiary education providers in Wales and those elsewhere in the world;

(e) opportunities for persons ordinarily resident in Wales and tertiary education providers in Wales to carry out research and innovation elsewhere in the worl‍d.

Commencement Information

I11 S. 11 not in force at Royal Assent, see s. 148(2)

Valid from 04/09/2023

12 Promoting collaboration between providers of tertiary education and trade unions E+W

(1) The Commission must promote collaboration between tertiary education providers in Wales and relevant trade unions.

(2) A trade union is a relevant trade union for the purpose of this section if the Commission considers that collaboration between it and tertiary education providers in Wales is likely to assist the discharge of the Commission’s duties under sections 2 to 11, and it is—

(a) represented by the body known as Wales TUC Cymru, or

(b) if not so represented, the Commission considers it represents members of the tertiary education workforce (within the meaning given by section 5(3)) in Wales.

Commencement Information

I12 S. 12 not in force at Royal Assent, see s. 148(2)