PART 3SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH
Funding of higher education
88Financial support to specified providers for higher education
(1)
The Commission may provide financial resources to the governing body of a specified provider in respect of expenditure incurred, or to be incurred, by the governing body or by a collaborating body for the purposes of—
(a)
the provision of higher education by, or on behalf of, the specified provider;
(b)
the provision of facilities, and the carrying on of other activities, by or on behalf of the specified provider which its governing body considers it necessary or desirable to provide or carry on for the purposes of or in connection with higher education it provides or has provided on its behalf.
(2)
The Commission may also provide financial resources to any person in respect of expenditure incurred, or to be incurred, by the person for the purpose of the provision by any person of services for the purposes of, or in connection with, the provision of higher education by, or on behalf of, a specified provider.
(3)
In this section—
“collaborating body” (“corff sy’n cydlafurio”), in relation to a specified provider, means a person—
(a)
to whom the governing body of the specified provider proposes to pay all or some of the financial resources provided to it under subsection (1), and
(b)
who is providing, is proposing to provide or has provided higher education on behalf of the specified provider, or who is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are provided;
“specified provider” (“darparwr penodedig”) means a registered provider registered in a category specified for the purposes of this section in regulations made by the Welsh Ministers.
(4)
The Commission must give its consent before the governing body of the specified provider makes a payment to a collaborating body (see section 109 for further provision about the Commission’s consent).
(5)
The Welsh Ministers may, by regulations, provide that financial resources may not be provided under this section in respect of expenditure incurred or to be incurred by a person for the purposes of the provision of a course of initial teacher training unless the course satisfies requirements set out in the regulations.
89Financial support for higher education courses specified in regulations
(1)
The Welsh Ministers may, by regulations, specify a particular course of higher education or description of course of higher education for the purposes of this section (“an eligible course”).
(2)
Regulations under subsection (1) may describe a course by reference to (among other things)—
(a)
requirements to be met by the course;
(b)
the description of person providing the course;
(c)
the qualification to which the course leads.
(3)
The Commission may provide financial resources to a person (“a provider”) in respect of expenditure incurred, or to be incurred, by the provider or by a collaborating body for the purpose of—
(a)
the provision of an eligible course wholly or mainly in Wales;
(b)
the provision of an eligible course to persons who are ordinarily resident in Wales.
(4)
In subsection (3), “collaborating body”, in relation to a provider, means a person—
(a)
to whom the provider proposes to pay all or some of the financial resources provided to it under subsection (3), and
(b)
who is providing, is proposing to provide or has provided an eligible course (or part of such a course) on behalf of the provider, or who is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are provided.
(5)
The Commission must give its consent before the provider makes a payment to a collaborating body (see section 109 for further provision about the Commission’s consent).
90Financial support under sections 88 and 89: terms and conditions
(1)
Financial resources may be provided by the Commission under section 88 or 89 on the terms and conditions that the Commission considers appropriate.
(2)
The terms and conditions may (among other things)—
(a)
enable the Commission to require the repayment, in whole or in part, of sums paid by it if any of the terms and conditions subject to which the sums were paid is not complied with;
(b)
require the payment of interest in respect of any period during which a sum due to the Commission in accordance with any of the terms and conditions remains unpaid.
(3)
The terms and conditions must not relate to the application of any sums derived otherwise than from the Commission.
(4)
The terms and conditions in relation to financial resources provided under section 89(3)(a) to a person who is not a registered provider, must include a requirement that the person—
(a)
if given notice under section 126(1), has in place a learner protection plan approved by the Commission (under section 126(3) or (5)) on or before the date specified in the terms and conditions, and gives effect to the plan,
(b)
if the person is a tertiary education provider in Wales, complies with the requirements contained in the Learner Engagement Code published under section 129(1) or any revised code published under section 129(3), and
(c)
has regard to advice or guidance given by the Commission to the person (either specifically or to persons generally) in exercise of the Commission’s functions in this Act.
91Financial support under sections 88 and 89: supplementary
(1)
In exercising its functions under section 88 or 89 to provide financial resources to a person, the Commission must have regard to the desirability of not discouraging that person from maintaining or developing funding from other sources.
(2)
In exercising its functions under section 88 or 89 to provide financial resources to a person, the Commission must have regard (so far as it considers it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining any distinctive characteristics of any tertiary education provider for whose activities financial resources are provided.
92Financial support by Welsh Ministers for certain higher education courses
(1)
The Welsh Ministers may secure the provision of financial resources to a person (“a provider”) in respect of expenditure incurred, or to be incurred, by the provider or by a collaborating body for the purpose of—
(a)
the provision of a relevant higher education course wholly or mainly in Wales;
(b)
the provision of a relevant higher education course to persons who are ordinarily resident in Wales.
(2)
The Welsh Ministers may secure the provision of financial resources under subsection (1)—
(a)
by providing resources themselves;
(b)
by making arrangements for the provision of resources by another person;
(c)
by making arrangements for the provision of resources by persons jointly (whether or not including the Welsh Ministers).
(3)
If the Welsh Ministers themselves provide financial resources under this section, they may impose such terms and conditions as they consider appropriate.
(4)
The terms and conditions may (among other things)—
(a)
enable the Welsh Ministers to require the repayment, in whole or in part, of sums paid by them if any of the terms and conditions subject to which the sums were paid is not complied with;
(b)
require the payment of interest in respect of any period during which a sum due to the Welsh Ministers in accordance with any of the terms and conditions remains unpaid.
(5)
In this section—
“collaborating body” (“corff sy’n cydlafurio”), in relation to a provider, means a person—
(a)
to whom the provider proposes to pay, with the consent of the Welsh Ministers, all or some of the financial resources provided to it under subsection (1), and
(b)
who is providing, is proposing to provide or has provided a relevant higher education course (or part of such a course) on behalf of the provider, or who is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are provided;
“relevant higher education course” (“cwrs addysg uwch perthnasol”) means a course within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (c. 40) (courses in preparation for professional examinations at a higher level or providing education at a higher level).