Tertiary Education and Research (Wales) Act 2022

94 Education and training for eligible persons over 19

(1) The Commission must secure the provision of proper facilities‍ for Wales for relevant education and training for eligible persons that is suitable to their requirements.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(3) The Welsh Ministers must, by regulations, specify as relevant education and training for the purpose of subsection (1) a description of further education or training.

(4) Regulations under subsection (3) may describe further education or training by reference to (among other things)—

(a) subject;

(b) level of study, including by reference t‍o—

(i) the level of attainment which, in the opinion of the Welsh Ministers, is demonstrated by a qualification falling within level 1, 2 or 3 of the Credit and Qualifications Framework for Wales, or

(ii) another document specified in the regulations that sets out descriptions of levels of qualifications;

(c) type of qualification.

(5) In subsection (4)‍,‍ ”the Credit and Qualifications Framework for Wales” means the document with that title published by the Welsh Ministers (as updated from time to time) and which includes descriptions of levels of qualifications.

(6) In forming an opinion for the purposes of subsection‍ (4)(b)(i)‍ and before specifying a document under subsection (4)(b)(ii)‍, the Welsh Ministers may have regard, in particular, to advice or information relating to qualifications which is provided by Qualifications Wales.

(7) An eligible person is a person who—

(a) has attained the age of 19, and

(b) falls within a description specified in regulations made by the Welsh Ministers (if any).

(8) Regulations under subsection (7)(b)—

(a) may describe an eligible person by reference to (among other things)—

(i) age;

(ii) qualifications or other educational attainment;

(iii) status;

(iv) income;

(b) may specify different descriptions of eligible person in relation to different descriptions of further education or training.