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Further and Higher Education Act 1992
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Changes over time for: Section 62
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Point in time view as at 01/08/2024.
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Further and Higher Education Act 1992, Section 62 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F162[F2The Higher Education Funding Council for Wales].E+W
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and
(b)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this Part of this Act references to F5... institutions in Wales—
(a)are to institutions whose activities are carried on, or principally carried on, in F6... Wales, but
(b)include F7... the Open University.
[F8(7A)In exercising their functions, [F9the HEFCW] shall have regard to the requirements of disabled persons.
(7B)In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the [F10Equality Act 2010].]
(8)Any dispute as to whether any functions are exercisable by [F11the HEFCW or the Office for Students] shall be determined by the Secretary of State.
F1(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 62 omitted (1.8.2024 to the extent it omits section 62(1)(3)(4)(9)) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(b) (with s. 19); S.I. 2024/806, art. 3(c)(i) (with art. 28)
F2S. 62 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F3S. 62(2) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F4S. 62(5)(6) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(6); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F5Words in s. 62(7) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F6Words in s. 62(7)(a) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F7Words in s. 62(7)(b) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(c); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F8S. 62(7A)(7B) inserted (31.7.1996) by 1995 c. 50, s. 30(5) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(2), Sch. Pt.II
F9Words in s. 62(7A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(8); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
F10Words in s. 62(7B) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 23 (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))
F11Words in s. 62(8) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(9); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
Modifications etc. (not altering text)
C1S. 62 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)
C2S. 62(7) applied (31.3.1999) by S.I. 1999/603, art. 3(2).
C3S. 62(8) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2.
Commencement Information
I1S. 62 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
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