Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe in relation to Wales various matters related to plans as defined in section 22 of the Higher Education Act 2004 (“the 2004 Act”). These are plans which are submitted by a relevant institution and approved by the relevant authority in relation to Wales before the institution is allowed to charge tuition fees over the basic amount. The basic and higher amounts are prescribed in regulations made by the Welsh Ministers under section 28(6) of the 2004 Act. The relevant authority in relation to Wales is a person designated by the Welsh Ministers under section 30 of the 2004 Act.
Regulations 3 and 4 set out the required contents of the plans. Regulation 5 sets out how the relevant authority’s functions in relation to the approval of plans are to be exercised. Regulation 6 requires the relevant authority, when deciding whether or not to approve a plan, to have regard to the safeguarding of fair access to higher education and the desirability of protecting academic freedom. Regulation 7 requires institutions to publish approved plans. Regulation 8 specifies the maximum period during which a plan is to be in force. Regulation 9 provides for the variation of plans. Regulation 10 sets out the procedure for the enforcement of plans.
Regulations 11 to 18 provide for review of the relevant authority’s decisions. Regulation 11 requires a decision of the relevant authority to be provisional in the first instance. Regulation 12 gives institutions the right to apply for a review of the provisional decision. Under regulation 13, if a review is not applied for within 40 days or if the institution accepts the provisional decision, it becomes final. Regulation 14 requires the relevant authority to reconsider its provisional decision if a review is applied for. Regulation 15 prescribes the grounds upon which an application for the review of a provisional decision may be made. Regulation 16 provides for a review to be undertaken by a person or panel appointed by the Welsh Ministers. Regulation 17 requires the Welsh Ministers when appointing the person or panel to act in accordance with the applicable code of practice for public appointments. Regulation 18 enables the Welsh Ministers to pay expenses to any person or panel appointed by them to undertake a review.
The regulatory impact assessment applicable to these Regulations is obtainable from the Welsh Assembly Government at Cathays Park Cardiff CF10 3NQ.