Tertiary Education and Research (Wales) Act 2022

1. Introductory Text

2. PART 1 STRATEGIC FRAMEWORK FOR TERTIARY EDUCATION AND RESEARCH

   1. The Commission

      1. 1. Establishment of the Commission for Tertiary Education and Research

   2. The Commission’s strategic duties

      1. 2. Promoting life-long learning

      2. 3. Promoting equality of opportunity

      3. 4. Encouraging participation in tertiary education

      4. 5. Promoting continuous improvement in tertiary education

      5. 6. Promotion of research and innovation

      6. 7. Promoting collaboration and coherence in tertiary education and research

      7. 8. Contributing to a sustainable and innovative economy

      8. 9. Promoting tertiary education through the medium of Welsh

      9. 10. Promoting a civic mission

      10. 11. Promoting a global outlook

      11. 12. Promoting collaboration between providers of tertiary education and trade unions

   3. Strategy for tertiary education and research

      1. 13. Statement of strategic priorities

      2. 14. Strategic plan for the Commission

      3. 15. Approval, publication and implementation of strategic plan

      4. 16. Review of strategic plan

   4. Academic freedom and institutional autonomy

      1. 17. Academic freedom of higher education providers and staff

      2. 18. Institutional autonomy of tertiary education providers

   5. Compatibility with charity law

      1. 19. Compatibility with charity law and governing documents of tertiary education providers

   6. Welsh Ministers’ guidance and directions

      1. 20. Guidance

      2. 21. The Welsh Ministers’ power to give general directions

   7. Additional functions

      1. 22. Additional functions of the Commission

   8. Dissolution of Higher Education Funding Council for Wales

      1. 23. Dissolution of the Higher Education Funding Council for Wales

      2. 24. Transfer schemes

3. PART 2 REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS

   1. CHAPTER 1 REGISTRATION OF TERTIARY EDUCATION PROVIDERS

      1. The register and registration procedure

         1. 25. The register

         2. 26. Registration procedure

      2. Registration conditions

         1. 27. Initial registration conditions

         2. 28. General ongoing registration conditions

         3. 29. Specific ongoing registration conditions

         4. 30. Proportionate conditions etc.

         5. 31. Mandatory ongoing registration conditions for each registered provider

         6. 32. Mandatory ongoing registration condition on fee limits

         7. 33. Mandatory ongoing registration conditions on equal opportunity

         8. 34. Power to provide for further mandatory ongoing registration conditions

         9. 35. Commission duty to give guidance about ongoing registration conditions

      3. Monitoring and enforcement of registration conditions

         1. 36. Commission duty to monitor compliance with ongoing registration conditions

         2. 37. Advice and assistance in respect of compliance with ongoing registration conditions

         3. 38. Reviews relevant to compliance with ongoing registration conditions

         4. 39. Directions in respect of failure to comply with ongoing registration conditions

         5. 40. Supplementary provision about directions under section 39

      4. De-registration

         1. 41. De-registration

         2. 42. De-registration: procedure

         3. 43. Voluntary de-registration and de-registration with consent

         4. 44. Change of registration category without application

      5. Registration decision reviews

         1. 45. Registration decision reviews

      6. Fee limit statements

         1. 46. Requirements of a fee limit statement

         2. 47. Approval of fee limit statement

         3. 48. Publication of approved fee limit statement

         4. 49. Validity of contracts

   2. CHAPTER 2 QUALITY ASSURANCE AND IMPROVING QUALITY

      1. General quality assurance functions

         1. 50. Quality assurance frameworks

         2. 51. Duty to monitor, and promote improvement in, the quality of regulated tertiary education

         3. 52. Advice and assistance in respect of quality of tertiary education

         4. 53. Reviews relevant to quality of tertiary education

      2. Assessment of quality in higher education

         1. 54. Assessment of quality of higher education

         2. 55. Action plans following assessments under section 54

         3. 56. Exercise of higher education assessment functions by a designated body

      3. Inspection of further education or training etc.

         1. 57. Duty of the Chief Inspector to inspect and report

         2. 58. Power of the Chief Inspector to inspect and report

         3. 59. Duty to provide information and advice to the Commission

         4. 60. Duty to provide information and advice to the Welsh Ministers

         5. 61. Additional functions of the Chief Inspector

         6. 62. Action plans following inspections by the Chief Inspector

         7. 63. Area inspections

         8. 64. Right of entry and offences

         9. 65. Surveys and studies

         10. 66. Annual reports

         11. 67. Annual plan of the Chief Inspector

         12. 68. Funding of inspections and reports on further education and training etc.

   3. CHAPTER 3 FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS

      1. Intervention in the conduct of further education institutions

         1. 69. Grounds for intervention

         2. 70. Powers to intervene

         3. 71. Notification by the Commission of grounds for intervention

         4. 72. Welsh Ministers’ statement on intervention powers

      2. Access to information and facilities

         1. 73. Duty to co-operate

         2. 74. Powers of entry and inspection

      3. Warning and review procedure

         1. 75. Application of sections 76 to 78

         2. 76. Proposed notices and directions: requirement to give warning notice

         3. 77. Information to be given with notices and directions and effect pending review

         4. 78. Review of notices and directions

         5. 79. Decision reviewer

      4. Miscellaneous duties

         1. 80. Duty to monitor and report on financial sustainability

         2. 81. Commission’s statement on intervention functions

      5. Directions

         1. 82. Effect and enforcement of directions

   4. CHAPTER 4 GENERAL

      1. 83. Designation of other providers of tertiary education

      2. 84. Interpretation of Part 2

4. PART 3 SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH

   1. Funding the Commission

      1. 85. Power of the Welsh Ministers to fund the Commission

      2. 86. Funding the Commission: limitations on terms and conditions

   2. Commission’s funding policy

      1. 87. Policy on funding powers

   3. Funding of higher education

      1. 88. Financial support to specified providers for higher education

      2. 89. Financial support for higher education courses specified in regulations

      3. 90. Financial support under sections 88 and 89: terms and conditions

      4. 91. Financial support under sections 88 and 89: supplementary

      5. 92. Financial support by Welsh Ministers for certain higher education courses

   4. Further education and training

      1. 93. Education and training for persons aged 16 to 19

      2. 94. Education and training for eligible persons over 19

      3. 95. Education and training for persons over 19

      4. 96. Requirements on Commission when securing further education and training

      5. 97. Financial support for further education or training

      6. 98. Financial support for further education or training: further provision

      7. 99. Financial resources for further education or training: terms and conditions

      8. 100. Means tests

      9. 101. School sixth-forms

      10. 102. Persons with additional learning needs

   5. Financial support for other activities connected to tertiary education

      1. 103. Financial support for other activities connected to tertiary education

   6. Financial support for apprenticeships

      1. 104. Financial support for apprenticeships

   7. Research and innovation

      1. 105. Financial support for research and innovation

      2. 106. Financial support for research and innovation: terms and conditions

      3. 107. The Commission’s other functions in relation to research and innovation

   8. Terms and conditions: quality, governance etc., welfare and equal opportunities

      1. 108. Financial support under sections 89, 97 and 104: further provision about terms and conditions

   9. Collaborating bodies: consent

      1. 109. Consent for payments to collaborating bodies‍

   10. Financial support directions

       1. 110. Financial support directions

5. PART 4 APPRENTICESHIPS

   1. Introductory

      1. 111. Meaning of “approved Welsh apprenticeship”

      2. 112. Meaning of “approved Welsh apprenticeship agreement”

      3. 113. Meaning of “alternative Welsh apprenticeship”

      4. 114. Meaning of “apprenticeship framework”

   2. Functions of the Welsh Ministers

      1. 115. Specification of requirements in relation to approved Welsh apprenticeship

      2. 116. Consultation by Welsh Ministers about specifications

   3. Functions of the Commission

      1. 117. Preparation and publication of apprenticeship frameworks

      2. 118. Register of apprenticeship frameworks

      3. 119. Power to issue apprenticeship certificates

      4. 120. Delegation of Commission functions

   4. Supplementary provisions about apprenticeship agreements

      1. 121. Ineffective provisions of approved Welsh apprenticeship agreements

      2. 122. Status of approved Welsh apprenticeship agreements

      3. 123. Transfer of copyright in apprenticeship frameworks

      4. 124. Crown servants

   5. General

      1. 125. Interpretation of Part 4

6. PART 5 LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT

   1. 126. Learner protection plans

   2. 127. Complaints procedures

   3. 128. Qualifying institutions for student complaints scheme

   4. 129. Learner Engagement Code

7. PART 6 INFORMATION, ADVICE AND GUIDANCE

   1. 130. Information and advice from the Commission and information from the Welsh Ministers

   2. 131. Persons required to provide information to the Commission

   3. 132. Powers to share information

   4. 133. Power to require application-to-acceptance information

   5. 134. Use of application-to-acceptance information for research purposes

   6. 135. Other information, advice and guidance

   7. 136. Research by the Commission or the Welsh Ministers

8. PART 7 MISCELLANEOUS AND GENERAL

   1. Higher education corporations

      1. 137. Instruments of government of higher education corporations in Wales

      2. 138. Articles of government of higher education corporations in Wales

      3. 139. Dissolution of higher education corporations in Wales

   2. Consultation about careers services

      1. 140. Duty to consult the Commission on careers services

   3. General

      1. 141. Data Protection

      2. 142. Publication

      3. 143. Regulations

      4. 144. General interpretation

      5. 145. Power to provide for the Open University to be treated as a tertiary education provider in Wales

      6. 146. Power to make consequential and transitional provision etc.

      7. 147. Minor and consequential amendments

      8. 148. Coming into force

      9. 149. Short title

9. 1. SCHEDULE 1

      COMMISSION FOR TERTIARY EDUCATION AND RESEARCH

      1. 1. Status

      2. 2. Membership

      3. 3. The chair and ordinary members

      4. 4. Associate membership

      5. 5. Appointment of associate workforce members

      6. 6. Appointment of associate Commission staff member

      7. 7. Appointment of associate learner member

      8. 8. Terms of associate membership etc.

      9. 9. Removal of associate member from office

      10. 10. Chief executive and other staff

      11. 11. Research and Innovation Committee, Quality Committee and other committees

      12. 12. Chair of the RIC

      13. 13. Joint committees

      14. 14. Duty to ensure good value

      15. 15. Accounts and audit

      16. 16. Annual reports

      17. 17. Meaning of “financial year” and “academic year”

      18. 18. Delegation by the Commission

      19. 19. Delegation by committees

      20. 20. Proceedings

      21. 21. Register of interests

      22. 22. Supplementary powers

   2. SCHEDULE 2

      TRANSFERS OF PROPERTY AND STAFF TO THE COMMISSION

      1. 1. Power to make transfer schemes

      2. 2. Modification of transfer schemes

      3. 3. Duty to lay transfer schemes before Senedd Cymru

      4. 4. Interpretation

   3. SCHEDULE 3

      ASSESSING HIGHER EDUCATION: DESIGNATED BODY

      1. PART 1 DESIGNATION

         1. 1. Designation

         2. 2. Bodies suitable to exercise assessment functions

         3. 3. Removal of designation

      2. PART 2 OVERSIGHT BY THE COMMISSION

         1. 4. Application

         2. 5. Power to provide funding

         3. 6. Oversight arrangements

         4. 7. Annual report by the designated body

         5. 8. Power of the Commission to give directions

         6. 9. Duty of the Commission to inform the Welsh Ministers about significant concerns

      3. PART 3 POWER TO CHARGE FEES

         1. 10. (1) The designated body may charge a fee, or fees,...

      4. PART 4 INTERPRETATION

         1. 11. (1) In this Schedule— “the assessment functions” (“y swyddogaethau asesu”)...

   4. SCHEDULE 4

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. 1. Employment and Training Act 1973 (c. 50)

      2. 2. Education (Fees and Awards) Act 1983 (c. 40)

      3. 3. Education (No. 2) Act 1986 (c. 61)

      4. 4. Employment Act 1988 (c. 19)

      5. 5. Education Reform Act 1988 (c. 40)

      6. 6. Further and Higher Education Act 1992 (c. 13)

      7. 7. Education Act 1994 (c. 30)

      8. 8. Education Act 1996 (c. 56)

      9. 9. Education Act 1997 (c. 44)

      10. 10. Teaching and Higher Education Act 1998 (c. 30)

      11. 11. School Standards and Framework Act 1998 (c. 31)

      12. 12. Government of Wales Act 1998 (c.38)

      13. 13. Care Standards Act 2000 (c. 14)

      14. 14. Learning and Skills Act 2000 (c. 21)

      15. 15. Education Act 2002 (c. 32)

      16. 16. Higher Education Act 2004 (c. 8)

      17. 17. Children Act 2004 (c. 31)

      18. 18. Education Act 2005 (c. 18)

      19. 19. Commissioner for Older People (Wales) Act 2006 (c. 30)‍

      20. 20. Government of Wales Act 2006 (c. 32)

      21. 21. Safeguarding Vulnerable Groups Act 2006 (c. 47)

      22. 22. Education and Skills Act 2008 (c. 25)

      23. 23. Learner Travel (Wales) Measure 2008 (nawm 2)

      24. 24. Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

      25. 25. Learning and Skills (Wales) Measure 2009 (nawm 1)

      26. 26. Equality Act 2010 (c. 15)

      27. 27. Children and Families (Wales) Measure 2010 (nawm 1)

      28. 28. Welsh Language (Wales) Measure 2011 (nawm 1)

      29. 29. School Standards and Organisation (Wales) Act 2013 (anaw 1)

      30. 30. Social Services and Well-being (Wales) Act 2014 (anaw 4)

      31. 31. Higher Education (Wales) Act 2015 (anaw 1)

      32. 32. Well-being of Future Generations (Wales) Act 2015 (anaw 2)

      33. 33. Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)

      34. 34. Qualifications Wales Act 2015 (anaw 5)

      35. 35. Deregulation Act 2015 (c. 20)

      36. 36. Environment (Wales) Act 2016 (anaw 3)

      37. 37. Public Health (Wales) Act 2017 (anaw 2)

      38. 38. Higher Education and Research Act 2017 (c. 29)

      39. 39. Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

      40. 40. The Welsh Language Standards (No. 6) Regulations 2017 (S.I. 2017/90)

      41. 41. Public Services Ombudsman (Wales) Act 2019 (anaw 3)