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The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024
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Warning notices
31.—(1) A warning notice given by HEFCW which is in effect immediately before 1 August 2024—
(a)continues in effect on and after 1 August 2024, and
(b)has effect as if it has been given by the Commission.
(2) For the purposes of paragraph (1) a warning notice is in effect if the period for making representations in respect of that notice has not expired.
(3) In paragraph (2) the period for making representations means the period specified—
(a)in regulation 3 of the 2015 Regulations, or
(b)in the case of a warning notice given in relation to section 38 of the 2015 Act, in regulation 3 of the 2015 Regulations as applied by regulation 5 of the 2016 Regulations.
(4) Representations made to HEFCW in accordance with the regulations referred to in paragraph (3) in relation to a warning notice within paragraph (1) have effect on and after 1 August 2024 as if they were representations made to the Commission.
(5) In so far as necessary for the purpose of the exercise by the Commission of its functions pursuant to the 2015 Act, references to “HEFCW” or to “the Higher Education Funding Council for Wales” in a warning notice within paragraph (1) have effect as if they were references to “the Commission” and related expressions are to be interpreted accordingly.
(6) In this article “warning notice” means a warning notice as set out in section 42 of the 2015 Act.
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