Tertiary Education and Research (Wales) Act 2022 (asc1)

PART 7 E+W MISCELLANEOUS AND GENERAL

General E+W

144 General interpretation E+W

(1) In this Act—

• “additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2);

• “additional learning provision” (“darpariaeth ddysgu ychwanegol”) has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2);

• “the Commission” (“y Comisiwn”) means the Commission for Tertiary Education and Research (see section 1);

• “facilities for Wales” (“cyfleusterau i Gymru”) includes—

  (a)

  facilities in Wales, and

  (b)

  other facilities available to persons ordinarily resident in Wales;

• “financial resources” (“adnoddau ariannol”) means financial resources of any kind including grants, loans and other payments;

• “functions” (“swyddogaethau”) means powers and duties;

• “governing body” (“corff llywodraethu”)—

  (a)

  in relation to a training provider who but for this section would not be regarded as an institution, means any persons responsible for the provider’s management;

  (b)

  in relation to a school, means its proprietor within the meaning given by section 579(1) of the Education Act 1996 (c. 56);

  (c)

  in relation to a provider designated under section 83, means any persons responsible for the provider’s management;

  (d)

  in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992 (c. 13), but subject to any provision made by virtue of section 90(2) of that Act;

• “higher education” (“addysg uwch”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40);

• “institution” (“sefydliad”) includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

• “local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

• “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, or a community special school;

• “notice” (“hysbysiad”) means notice in writing;

• “the register” (“y gofrestr”) means the register established and maintained under section 25;

• “registered provider” (“darparwr cofrestredig”) means a tertiary education provider which is registered in the register; and references to “registration” (“cofrestru”) are to be read accordingly;

• “school” (“ysgol”) has the meaning given by section 4 of the Education Act 1996 (c. 56);

• “secondary education” (“addysg uwchradd”) has the meaning given by section 2 of the Education Act 1996 (c. 56);

• “tertiary education” (“addysg drydyddol”) means higher education, further education or training;

• “tertiary education provider in Wales” (“darparwr addysg drydyddol yng Nghymru”) means an institution providing tertiary education, including tertiary education provided on its behalf, whose activities are wholly or mainly carried on in Wales;

• “trade union” has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 5‍2);

• “Welsh tertiary education” (“addysg drydyddol Gymreig”) means tertiary education—

  (a)

  provided by, or on behalf of, a tertiary education provider in Wales, or

  (b)

  funded or otherwise secured by the Commission.

(2) References in this Act to further education are to education (other than higher education) suitable to the requirements of persons who are over compulsory school age and organised leisure-time occupation connected with such education.

(3) Accordingly for the purposes of this Act, further education includes education suitable to the requirements of pupils over compulsory school age but under 19 which is provided at a school at which secondary education is also provided.

(4) References in this Act to training are to training suitable to the requirements of persons who are over compulsory school age and organised leisure-time occupation connected with such training.

(5) For the purposes of subsections (2) and (4)—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(c) training includes vocational, social, physical and recreational training.

(6) In this Act—

(a) references to institutions within the further education sector are references to institutions falling within section 91(3) of the Further and Higher Education Act 1992 (c. 13), and

(b) references to institutions within the higher education sector are references to institutions falling within section 91(5) of the Further and Higher Education Act 1992.

(7) Subsections (2) and (3) of section 8 of the Education Act 1996 (c. 56) apply to determine, for the purposes of this Act, whether a person is of compulsory school age, so far as that section applies in relation to Wales.

(8) References in this Act (however expressed) to the provision of tertiary education by, or on behalf of, a tertiary education provider in Wales (including a registered provider or specified provider) include courses of tertiary education provided—

(a) at one or more places in Wales or elsewhere,

(b) by means of correspondence, equipment or other facility that enables persons who are not in the same place (whether in Wales or elsewhere) to participate in the tertiary education, or

(c) by a combination of the ways described in paragraphs (a) and (b).

(9) In subsection (1), “training provider” means a person who provides training for members of the school workforce (within the meaning given by section 100 of the Education Act 2005 (c. 18)).

(10) For the purposes of this Act, tertiary education provided outside Wales is to be treated as provided in Wales if it is provided as part of a course that is provided mainly in Wales.

Commencement Information

I1 S. 144 in force at 9.9.2022, see s. 148(1)(a)