The Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2024

Draft Order in Council laid before Parliament under section 157A(6) of the Government of Wales Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2024 No. XXXX

Constitutional Law

Education, Wales

The Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2024

Made

2024

Coming into force in accordance with article 1(2)

At the Court at [Buckingham Palace / Windsor Castle], the [Nth] day of 2024

Present,

The King’s Most Excellent Majesty in Council

A draft of this Order has been laid before, and approved by a resolution of, each House of Parliament and Senedd Cymru in accordance with section 157A(6) of the Government of Wales Act 2006(1).

His Majesty, in exercise of the powers conferred by section 157A(5) of the Government of Wales Act 2006, is pleased, by and with the advice of His Privy Council, to order as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2024.

(2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.

(3) Article 2(2) comes into force on the later of—

(a) the day on which section 23 of the Tertiary Education and Research (Wales) Act 2022(2) comes into force, and

(b) the day after the day on which this Order is made.

(4) In this Order, “the 2006 Act” means the Government of Wales Act 2006.

Amendment of Schedule 9A to the 2006 Act

2.—(1) Schedule 9A(3) to the 2006 Act (devolved Welsh authorities) is amended as follows.

(2) Omit—

“The Higher Education Funding Council for Wales or Cyngor Cyllido Addysg Uwch Cymru.” (4)

(3) After the entry for the Children’s Commissioner for Wales or Comisiynydd Plant Cymru insert—

“The Commission for Tertiary Education and Research or Comisiwn Addysg Drydyddol ac Ymchwil.” (5)

[Name]

[Deputy] Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 9A to the Government of Wales Act 2006 (c. 32) (“the 2006 Act”) and comes into force on the day after the day on which it is made.

Article 2 amends Schedule 9A to the 2006 Act in consequence of the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”). Section 1 of the 2022 Act establishes the Commission for Tertiary Education and Research and section 23 provides for the dissolution of the Higher Education Funding Council for Wales.

Schedule 9A to the 2006 Act specifies a list of devolved Welsh authorities. This Order removes the Higher Education Funding Council for Wales from the list and inserts the Commission for Tertiary Education and Research.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.

(1)

2006 c. 32. Section 157A was inserted by section 4(1) of the Wales Act 2017 (c. 4) and amended by paragraph 2(19) of Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1) and section 45(3) of the Fisheries Act 2020 (c. 22).

(2)

2022 asc 1.

(3)

Schedule 9A was inserted by section 4(2) of the Wales Act 2017. There are amendments to Schedule 9A not relevant to this Order.

(4)

Section 23 of the Tertiary Education and Research (Wales) Act 2022 dissolves the Higher Education Funding Council for Wales.

(5)

Section 1 of the Tertiary Education and Research (Wales) Act 2022 establishes the Commission for Tertiary Education and Research.