Welsh Statutory Instruments
Education, Wales
Made
10 August 2015
The Welsh Ministers, in exercise of the powers conferred by sections 97(2) and 100(3)(b) of the Consumer Rights Act 2015(1) make the following Order.
1.—(1) The title of this Order is the Consumer Rights Act 2015 (Commencement No. 1 and Transitional Provision) (Wales) Order 2015.
(2) This Order applies in relation to Wales only.
(3) In this Order, “the Act” (“y Ddeddf”) means the Consumer Rights Act 2015.
2. Section 89 of the Act comes into force on the 1 September 2015.
3.—(1) A qualifying complaint about an act or omission of a qualifying institution falling within section 11(e) or (f) of the Higher Education Act 2004(2) can only be reviewed by the designated operator where the act or omission complained of—
(a)occurs on or after 1 September 2015; or
(b)occurs before that date but continues on or after it.
(2) In this article the terms “qualifying complaint” (“cwyn gymhwysol”), “qualifying institution” (“sefydliad cymhwysol”) and “designated operator” (“gweithredwr dynodedig”) bear the same meanings as they bear in Part 2 of the Higher Education Act 2004.
Huw Lewis
Minister for Education and Skills, one of the Welsh Ministers
10 August 2015
(This note is not part of the Order)
Article 2 of this Order brings into force, in relation to Wales, section 89 of the Consumer Rights Act 2015 (“the Act”) which amends sections 11 and 12 of the Higher Education Act 2004(3) by expanding the list of higher education providers which are required to join the higher education complaints handling scheme.
Article 3 of the Order makes transitional provision in respect of those new institutions being brought into the higher education complaints scheme, namely that complaints in relation to those new institutions can only be brought about acts or omissions occurring on or after 1 September 2015, or where an act or omission occurs prior to 1 September 2015 and continues after that date.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 77 (partially) | 27 May 2015 | S.I. 2015/1333 |
| Section 81 (partially) | 3 August 2015 | S.I. 2015/1584 |
| Section 82 | 27 May 2015 | S.I. 2015/1333 |
| Schedule 5 (partially) | 27 May 2015 | S.I. 2015/1333 |
| Paragraphs 12, 18, 20 to 22 and 28 to 35 of Schedule 8 (partially) | 3 August 2015 | S.I. 2015/1584 |