xmlns:atom="http://www.w3.org/2005/Atom"

PART 4TRANSITORY PROVISIONS

Transitory provisions relating to the Act

16.—(1) Paragraphs (2) and (3) apply during the period beginning with 1 August 2024 and ending with 31 July 2026.

(2) After section 131(2)(a) of the Act insert—

(aa)a person other than a regulated institution in receipt of financial resources provided under section 65 (administration of funds by the Commission) of the Further and Higher Education Act 1992;.

(3) After section 131(2) of the Act insert—

(2A) In section 131(2)(aa), “regulated institution” has the meaning given in section 7(5)(b) of the Higher Education (Wales) Act 2015.

17.  During the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full, paragraph 11(3) of Schedule 1 to the Act has effect as if the purpose of the Quality Committee established by that provision were to include advising the Commission on the exercise of the Commission’s functions under Part 3 of the 2015 Act.

Transitory provisions relating to the 1992 Act

18.—(1) The modifications to the sections of the 1992 Act set out in paragraph (3) apply during the period beginning with 1 August 2024 and ending immediately before the coming into force of, in respect of the modification to—

(a)section 62, paragraph 6(3)(b) of Schedule 4 to the Act;

(b)section 65, paragraph 6(3)(c) of Schedule 4 to the Act;

(c)section 66, paragraph 6(3)(d) of Schedule 4 to the Act;

(d)section 69, paragraph 6(3)(f) of Schedule 4 to the Act;

(e)section 81, paragraph 6(3)(h) of Schedule 4 to the Act;

(f)section 83, paragraph 6(4) of Schedule 4 to the Act.

(2) The modification set out in paragraph (4) applies during the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 6(6) of Schedule 4 to the Act.

(3) Sections 62 (the Higher Education Funding Council for Wales), 65 (administration of funds by the HEFCW), 66 (administration of funds: supplementary), 69 (supplementary functions), 81 (directions) and 83 (efficiency studies) and the headings to those sections have effect as if references to “the HEFCW” and “the Higher Education Funding Council for Wales” were references to “the Commission”.

(4) In section 92 (index) the entry “institution in Wales (in relation to the HEFCW)” has effect as if it were “institution in Wales (in relation to the Commission)”.

Transitory provisions relating to the Education Act 1996

19.  During the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 8(2) of Schedule 4 to the Act, section 13 of the Education Act 1996(1) has effect as if subsection (2)(b) were omitted.

Transitory provisions relating to the 2015 Act

20.  The modifications to the provisions of the 2015 Act set out in articles 21 and 22 apply during the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

21.—(1) Except in relation to section 57(1) of the 2015 Act, the 2015 Act has effect as if all references to “HEFCW” or “the Higher Education Funding Council for Wales” in that Act were references to “the Commission”.

(2) Section 57(1) of the 2015 Act has effect as if the definition of “HEFCW” were omitted.

22.—(1) Section 50 of the 2015 Act has effect as if—

(a)the first reporting period were the period beginning with 1 August 2023 and ending with the following 31 July, and

(b)subsequent reporting periods were each successive period of 12 months.

(2) For the purposes of paragraph (1)(a), the Commission’s annual report in respect of the first reporting period must give details of how HEFCW has discharged its functions under the 2015 Act during the period beginning with 1 August 2023 and ending with 31 July 2024.

Transitory provisions relating to the Education (Fees and Awards) (Wales) Regulations 2007

23.  Regulation 7 of the Education (Fees and Awards) (Wales) Regulations 2007(2) (payments by HEFCW) has effect as if all references to “HEFCW” were references to “the Commission” during the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 6(3)(c) of Schedule 4 to the Act.

Transitory provisions relating to the Education (Student Support) Regulations 2011

24.—(1) The modifications to the Education (Student Support) Regulations 2011(3) set out in paragraph (2) apply during the period beginning with 1 August 2024 and ending with 31 July 2026.

(2) In regulation 2(1) (interpretation: general)—

(a)the definition of “non-regulated institution” has effect as if the reference to “the Higher Education Funding Council for Wales” were to “the Commission for Tertiary Education and Research”;

(b)the definition of “regulated institution” has effect as if the reference to “the Higher Education Funding Council for Wales” were to “the Commission for Tertiary Education and Research”.

Transitory provisions relating to certain Regulations made under the 2015 Act

25.—(1) The Regulations referred to in paragraph (2) have effect as if all references to “HEFCW” were references to “the Commission for Tertiary Education and Research” during the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

(2) The Regulations are—

(a)the 2015 Regulations;

(b)the Higher Education (Fee and Access Plans) (Wales) Regulations 2015(4);

(c)the 2016 Regulations.

Transitory provisions relating to the Education (Student Support) (Wales) Regulations 2017

26.  During the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full, the definition of “Welsh regulated institution” in regulation 2(1) of the Education (Student Support) (Wales) Regulations 2017(5) has effect as if the reference to “the Higher Education Funding Council for Wales” were a reference to “the Commission for Tertiary Education and Research”.

Transitory provisions relating to the Education (Student Support) (Wales) Regulations 2018

27.—(1) The modification to the Education (Student Support) (Wales) Regulations 2018(6) set out in paragraph (2) applies during the period beginning with 1 August 2024 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

(2) In paragraph 2A(1) of Schedule 1 the definition of “Welsh regulated institution” has effect as if the reference to “the Higher Education Funding Council for Wales” were a reference to “the Commission for Tertiary Education and Research”.

(2)

S.I. 2007/2310 (W. 181), amended by S.I. 2021/481 (W. 148); there are other amending instruments, but none is relevant to this Order.

(3)

S.I. 2011/1986 amended by S.I. 2017/114; there are other amending instruments, but none is relevant to this Order.

(6)

S.I. 2018/191 (W. 42) amended by S.I. 2019/235 (W. 54); there are other amending instruments, but none is relevant to this Order.