2023 No. 919 (W. 144) (C. 52)
The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 2 and Transitory Provision) Order 2023
Made
The Welsh Ministers, in exercise of the powers conferred by section 148(2) and (3) of the Tertiary Education and Research (Wales) Act 20221, make the following Order:
Title and interpretationI11
1
The title of this Order is the Tertiary Education and Research (Wales) Act 2022 (Commencement No. 2 and Transitory Provision) Order 2023.
2
In this Order “the Act” means the Tertiary Education and Research (Wales) Act 2022, and other words and expressions have the same meaning as they have in the Act.
Provisions coming into force on 4 September 2023I22
The following provisions of the Act come into force on 4 September 2023—
a
section 13 (statement of strategic priorities);
b
section 14 (strategic plan for the Commission);
c
section 17 (academic freedom of higher education providers and staff);
d
section 18 (institutional autonomy of tertiary education providers);
e
section 19 (compatibility with charity law and governing documents of tertiary education providers);
f
section 20 (guidance);
g
section 21 (Welsh Ministers’ power to give general directions);
h
section 22 (additional functions of the Commission);
i
section 24 (transfer schemes);
j
section 25(7) (the register);
k
section 30(1) (proportionate conditions);
l
section 34 (power to provide for further mandatory ongoing registration conditions);
m
section 46 (requirements of a fee limit statement);
n
section 85(1), (2)(a) and (b) (power of the Welsh Ministers to fund the Commission);
o
section 87(2) (policy on funding powers);
p
section 89(1) and (2) (financial support for higher education courses specified in regulations);
q
section 130 (information and advice from the Commission and information from the Welsh Ministers);
r
section 132(1)(a) to (e), (g) to (k) and (2) (powers to share information);
s
section 141 (data protection);
t
section 142 (publication);
u
section 147 (minor and consequential amendments);
v
in Schedule 1 (Commission for Tertiary Education and Research)—
i
paragraph 5 in so far as not already in force;
ii
paragraph 7 in so far as not already in force;
iii
paragraph 8(1) to (3), (6) to (8) and (10);
iv
paragraph 9(1) to (3) and (4)(a);
v
paragraph 10 in so far as not already in force;
vi
paragraph 11(1) in so far as not already in force, (3), (4) and (6) to (10);
vii
paragraph 13;
viii
paragraph 14;
ix
paragraph 15(1)(a);
x
paragraph 18;
xi
paragraph 19;
xii
paragraph 20;
xiii
paragraph 21;
xiv
paragraph 22;
w
Schedule 2 (transfers of property and staff to the Commission);
x
in Schedule 4 (minor and consequential amendments)—
i
paragraph 20(1);
ii
paragraph 20(2)(a);
iii
paragraph 28(a).
Provisions coming into force on 4 September 2023 to the extent specifiedI33
The following provisions of the Act come into force on 4 September 2023 to the extent specified in relation to each such provision—
a
section 2 (promoting life-long learning), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duty under section 2 into force);
b
section 3 (promoting equality of opportunity), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duties under section 3 into force);
c
section 4 (encouraging participation in tertiary education), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duties under section 4 into force);
d
section 5 (promoting continuous improvement in tertiary education), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duty under section 5 into force);
e
section 6(1)(a) (promotion of research and innovation), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duty under section 6(1)(a) into force);
f
section 7 (promoting collaboration and coherence in tertiary education and research), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duties under section 7 into force);
g
section 8 (contributing to a sustainable and innovative economy), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duty under section 8 into force);
h
section 9(1) (promoting tertiary education through the medium of Welsh), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duties under section 9(1) into force);
i
section 10 (promoting a civic mission), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duty under section 10 into force);
j
section 11 (promoting a global outlook), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duties under section 11 into force);
k
section 12 (promoting collaboration between providers of tertiary education and trade unions), for the purposes of preparing a strategic plan under section 14 (but not so as to bring the duty under section 12 into force);
l
section 25, for the purposes of making regulations under that section;
m
section 25(1), (4), (6)(a) and (6)(b) (in so far as it relates to subsections (4) and (5)), for the purposes of section 25(7) (but not so as to bring any duties under those subsections into force);
n
section 25(4)(d), for the purposes of section 27(2) (initial registration conditions) (but not so as to bring the duty under section 25(4)(d) into force);
o
section 25(9)(a) and (10) (in so far as subsection (10) relates to subsection (9)(a));
p
section 27 (initial registration conditions), for the purposes of making regulations under that section;
q
section 27(1), (2) and (8), for the purposes of enabling the Commission to prepare the document referred to in section 27(2) (but not so as to bring the duty under section 27(2) into force);
r
section 28(1) to (3) (general ongoing registration conditions), for the purposes of enabling the Commission to take steps towards determining the general ongoing registration conditions pursuant to section 28(1) (but not so as to bring the duties under section 28(1) into force);
s
section 31(1)(a) to (f), (i), (j) and (2) (mandatory ongoing registration conditions for each registered provider), for the purposes of enabling the Commission to take steps towards determining the general ongoing registration conditions pursuant to section 28(1) (but not so as to bring the duty under section 31(1) into force);
t
section 32 (mandatory ongoing registration condition on fee limits), for the purposes of making regulations under that section;
u
section 32 and section 33 (mandatory ongoing registration conditions on equal opportunity), for the purposes of enabling the Commission to take steps towards determining the general ongoing registration conditions pursuant to section 28(1) (but not so as to bring any duties under sections 32 and 33 into force);
v
section 35 (Commission duty to give guidance about ongoing registration conditions), for the purposes of enabling the Commission to prepare guidance for registered providers about ongoing registration conditions (but not so as to bring the duty under that section into force);
w
section 36 (Commission duty to monitor compliance with ongoing registration conditions), for the purposes of enabling the Commission to take steps towards determining how it will monitor compliance with ongoing registration conditions by registered providers (but not so as to bring the duty under that section into force);
x
section 41 (de-registration), for the purposes of making regulations under that section;
y
section 43 (voluntary de-registration and de-registration with consent), for the purposes of making regulations under that section;
z
section 47(1) to (5) (approval of fee limit statement), for the purposes of enabling the Commission to take steps towards determining the fee limit condition pursuant to section 32(3)(a) and the general ongoing registration conditions pursuant to section 28(1) (but not so as to bring any duties under section 47(2) or (4) into force);
aa
section 54 (assessment of quality of higher education), for the purposes of making regulations under that section;
bb
section 57 (duty of the Chief Inspector to inspect and report), for the purposes of making regulations under that section;
cc
section 83 (designation of other providers of tertiary education), for the purposes of making regulations under that section;
dd
section 84 (interpretation of Part 2), except for the definition of “excess fees”;
ee
section 87(1) and (5), except for the references to sections 88 and 105 in subsection (5), for the purposes of preparing a statement under section 87(1) (but not so as to bring the duty under that section into force);
ff
section 88 (financial support to specified providers for higher education), for the purposes of making regulations under that section;
gg
section 89(3) to (5), for the purposes of preparing a statement under section 87;
hh
section 97 (financial support for further education or training), for the purposes of preparing a statement under section 87;
ii
section 101 (school sixth-forms), for the purposes of preparing a statement under section 87;
jj
section 103 (financial support for other activities connected to tertiary education), for the purposes of preparing a statement under section 87;
kk
section 104 (financial support for apprenticeships), for the purposes of preparing a statement under section 87;
ll
section 105 (financial support for research and innovation), for the purposes of making regulations under that section;
mm
in Schedule 1, paragraph 9(5), except in so far as it refers to paragraph 6(5).
Provisions coming into force on 1 April 2024I44
The following provisions of the Act come into force on 1 April 2024—
a
sections 2 to 5 and 7 to 12 in so far as not already in force;
b
section 16 (review of strategic plan);
c
section 85 in so far as not already in force;
d
in Schedule 1—
i
paragraph 4 in so far as not already in force;
ii
paragraph 6;
iii
paragraph 8 in so far as not already in force;
iv
paragraph 9 in so far as not already in force;
v
paragraph 11 in so far as not already in force;
e
in Schedule 4—
i
paragraph 28 in so far as not already in force;
ii
paragraph 40.
Provisions coming into force on 1 April 2024 to the extent specifiedI55
Section 94 (education and training for eligible persons over 19) comes into force on 1 April 2024 for the purposes of making regulations under that section.
Provisions coming into force on 1 April 2024 subject to transitory arrangementsI66
1
Section 15 (approval, publication and implementation of strategic plan) comes into force on 1 April 2024 subject to the modification set out in paragraph (2) which applies during the period beginning with 1 April 2024 and ending on 16 December 2024.
2
Section 15(1) is to be read as if the words “a strategic plan prepared under section 14 to the Welsh Ministers for their approval before the end of a period of 6 months beginning with the day on which the statement is published under section 13(1)” read as “the first strategic plan it prepares under section 14 to the Welsh Ministers for their approval by 15 December 2024”.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act have been brought into force by a Commencement Order before the date of this Order.
Provision | Date of Commencement | S.I. Number |
---|---|---|
Section 1 | 15 December 2022 | |
Section 9 (partially) | 15 December 2022 | |
Schedule 1 Paragraphs 1; 2; 3; 4(1)(a) and (c); 5(1) and (2); 7(1) and (2); 10(1), (3), (4) and (7); 11(1) (partially) and (2); 12 | 15 December 2022 |