The Higher Education (Wales) Act 2015 (Commencement No. 2) Order 2016

This is the second commencement order made by the Welsh Ministers under the Higher Education (Wales) Act 2015 (“the 2015 Act”).

Article 2 brings section 38(3) of the 2015 Act into force, for all purposes, on the day after the day on which this Order is made. Section 38(3) concerns the power of the Welsh Ministers to make regulations under section 38(2)(b). Section 38(3) provides that regulations under section 38(2)(b) may (among other things) amend or apply, with or without modifications, any provision made by or under sections 41 to 44 of the 2015 Act.

Article 2 also brings section 52(1) of the 2015 Act into force, for all remaining purposes, on the day after the day on which this Order is made. Under section 52(1), the Higher Education Funding Council for Wales (“HEFCW”) must prepare and publish a statement setting out how they propose to exercise their intervention functions (as described in section 52(5)).

Article 3 brings section 38(1) of the 2015 Act into force, for all purposes, on 1 August 2016. Section 38(1) provides that if HEFCW are satisfied that a regulated institution is no longer within section 2(3) of the 2015 Act, they must withdraw their approval of the fee and access plan relating to the institution by giving notice under section 38 to the institution’s governing body.

Article 3 also brings section 40 of the 2015 Act into force, for all remaining purposes, on 1 August 2016. Section 40(1) provides that if HEFCW give notice under section 37, 38 or 39 of the 2015 Act, they must give a copy of the notice to the Welsh Ministers and publish the notice.

Article 4 brings section 27(1) of the 2015 Act into force, for all remaining purposes, on 1 September 2016. Section 27(1) provides that HEFCW must prepare and publish a code relating to the organisation and management of the financial affairs of regulated institutions.

Article 4 also brings sections 27(5) and (6) and 30 of the 2015 Act into force, for all purposes, on 1 September 2016. Section 27(5) provides that HEFCW may publish the code in whatever way they think appropriate. Under section 27(6), HEFCW must keep the code under review and, if they think appropriate, prepare and publish a revised code. Before publishing the first code or a revised code, HEFCW must prepare a draft of the code and submit the draft to the Welsh Ministers for their approval. Section 30 of the 2015 Act provides that, if the Welsh Ministers approve a draft of the code submitted to them, they must lay the approved draft before the National Assembly for Wales (“the Assembly”). If the Assembly resolves not to approve the draft code within the period of 40 days beginning with the day on which the draft is laid before the Assembly, HEFCW may not publish the draft. If no resolution is passed by the Assembly within the period of 40 days, HEFCW must publish the code in the terms of the approved draft.