The Commission’s strategic duties
44.Sections 2 to 12 are broadly framed strategic duties of an aspirational nature, which require the Commission to promote or encourage outcomes specified in the sections. The provisions do not specify the extent or nature of the activity the Commission must undertake in any detail and the open-ended nature of the outcomes specified gives the Commission wide discretion as to the nature and extent of the action it takes to achieve them.
Section 2: Promoting life-long learning
45.This section requires the Commission to promote life-long learning for the people of Wales. Life-long learning is not a defined term in the section, but is encapsulated by its provisions, which describe tertiary education that—
provides opportunities for people to participate throughout their lives from the age of 16,
includes variety of levels and qualifications,
includes a variety of settings and modes of study,
is organised coherently to facilitate movement through different stages of education and into employment or business,
otherwise meets the different requirements of those who wish to undertake tertiary education.
Section 3: Promoting equality of opportunity
46.This section requires the Commission to promote increased participation by, and retention of, members of under-represented groups in Welsh tertiary education and increased participation in the carrying out of research and innovation by under-represented groups in Wales.
Section 4: Encouraging participation in tertiary education
47.This section requires the Commission to encourage individuals, including those who have additional learning needs (as defined by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018), and employers in Wales to participate in the provision of tertiary education.
Section 5: Promoting continuous improvement in tertiary education
48.This section requires the Commission to promote continuous improvement in the quality of Welsh tertiary education. The section also specifies matters to which the Commission must have regard when discharging the duty.
Section 6: Promotion of research and innovation
49.This section requires the Commission to promote the carrying out of research and innovation in Wales, and the carrying out of research and innovation, and related activities, through the medium of Welsh by relevant persons.
50.The Commission must promote collaboration on research and innovation, both in Wales and elsewhere in the world, between relevant persons, and between relevant persons and others. The Commission must also promote 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.
51.Subsection (2) defines a relevant person for the purpose of this section.
Section 7: Promoting collaboration and coherence in tertiary education and research
52.This section requires the Commission to promote collaboration between providers of tertiary education in Wales, schools in Wales, and employers, as well as coherence in the provision of tertiary education by providers in Wales and the alignment of this provision with research and innovation.
Section 8: Contributing to a sustainable and innovative economy
53.This section requires the Commission to promote tertiary education and research in Wales that contributes to the development of a sustainable and innovative economy. The section also specifies matters to which the Commission must have regard when discharging the duty and defines sustainable economy.
Section 9: Promoting tertiary education through the medium of Welsh
54.This section imposes a duty on the Commission to encourage demand for and participation in Welsh medium tertiary education. The Commission must also take all reasonable steps to ensure there is sufficient Welsh medium tertiary education provided in Wales to meet demand.
55.The Welsh Ministers must designate a person to provide advice to the Commission for the purpose of assisting it in the discharge of its duties under this section. The Commission must have regard to any relevant advice given to it by that person.
56.A person may only be designated if the Welsh Ministers consider them to be suitable to give advice on the matters listed in subsection (4). The duty to designate a person does not apply if the Welsh Ministers consider there is no person suitable to give advice on the listed matters, or if no one agrees to be designated.
Section 10: Promoting a civic mission
57.This section places a duty on the Commission to promote the pursuit of a civic mission by institutions in Wales within the further education sector and higher education sector. The Commission is also given the power to promote the pursuit of a civic mission by other persons who are funded by the Commission. “Civic mission” is defined in subsection (3) as, “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))”.
Section 11: Promoting a global outlook
58.This section requires the Commission to promote opportunities for people in Wales to teach and study tertiary education elsewhere in the world and for people outside Wales to study or teach in Wales. The Commission must promote opportunities for the benefits of such exchanges to be used for the well-being of Wales. It must also promote collaboration between providers of tertiary education in Wales and those elsewhere in the world.
Section 12: Promoting collaboration between providers of tertiary education and trade unions
59.This section requires the Commission to promote collaboration between providers of tertiary education in Wales and trade unions, where the Commission considers the collaboration would likely help in the discharge of the Commission’s strategic duties (sections 2 to 11 of the Act).
60.A trade union must either be represented by Wales TUC Cymru, or the Commission must consider that it represents members of the tertiary education workforce, that is:
teachers providing tertiary education,
people providing support to those teachers, and
people providing support to learners to participate in tertiary education.
