Explanatory Note
(This note is not part of the Order)
This Order brings into force in Wales on 30 June 2005 the following provisions of the Higher Education Act 2004:
Section 10(2) which gives the National Assembly power to directly fund research in the arts and humanities and related activities.
Section 44(1) which transfers to the National Assembly the Secretary of State’s power to make regulations setting out the arrangements for giving financial support to students.
Section 44(2) which gives the National Assembly power (concurrently with the Secretary of State) to make, in relation to Wales, certain provisions in the regulations setting out the arrangements for giving financial support to students
Section 44(5) which gives the National Assembly power (concurrently with the Secretary of State), before the transfer of student support functions, to make payments to a body or person, such as the Student Loans Company, by whom a function of the National Assembly will be exercisable after the transfer of student support powers to the National Assembly.
Section 44(6) which ensures that certain provisions of the Government of Wales Act 1998 apply to the functions transferred, for example, that Parliamentary procedures do not apply to the making of National Assembly legislation.
Section 49 and Schedule 6 which contain consequential amendments.
Section 50 and Schedule 7 which contain repeals.
This Order brings into force in Wales on 1 September 2006, the following provisions of the Higher Education Act 2004:
Section 44(3) which ensures that regulations made by the Secretary of State providing for repayment of student loans through taxation (regulations made under s.22 (5) of the Teaching and Higher Education Act 1998), apply to Wales only if the National Assembly determines to operate a repayment system through collection via taxation and gives notice of that determination to the Secretary of State.
Section 44(4) which transfers to the National Assembly the power to transfer or delegate any of the functions it has by virtue of the regulations setting out the arrangements for giving financial support to students.