The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024

HEFCW directions which are in force

34.—(1) A direction given by HEFCW under any of the sections of the 2015 Act referred to in article 32(2) and 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 direction is in effect if the governing body of the institution to which it has been given—

(a) has notified HEFCW in writing under regulation 4(a) of the 2015 Regulations that it accepts the direction,

(b) is not able to apply for a review under regulation 8 of the 2015 Regulations due to the time period for making an application to the review panel having expired, or

(c) has received notification in writing from HEFCW that the direction has effect following the conclusion of a review in respect of that direction.

(3) A direction given by HEFCW to a governing body under any of the sections of the 2015 Act referred to in paragraph (4) and 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.

(4) The sections of the 2015 Act are—

(a) section 16;

(b) section 21;

(c) section 35.

(5) For the purposes of paragraphs (1) and (3) a direction given by HEFCW—

(a) includes a direction which has been varied by HEFCW before 1 August 2024 under section 46(b) of the 2015 Act;

(b) is in effect to the extent that HEFCW has not given notice under section 45(3) of the 2015 Act to the governing body in receipt of the direction stating that HEFCW is satisfied that the body has complied—

(i) with the direction, or

(ii) with a particular requirement of the direction;

(c) is not in effect if HEFCW has revoked the direction under section 46(b) of the 2015 Act.

(6) 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 direction within paragraph (1) or (3) have effect as if they were references to “the Commission” and related expressions are to be interpreted accordingly.