Tertiary Education and Research (Wales) Act 2022 / Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022
Tertiary Education and Research (Wales) Act 2022 / Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (2022 c. 1)
- Tertiary Education and Research (Wales) Act 2022 / Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (2022 c. 1)
- PART 1 STRATEGIC FRAMEWORK FOR TERTIARY EDUCATION AND RESEARCH
- The Commission
- 1 Establishment of the Commission for Tertiary Education and Research
- The Commission’s strategic duties
- 2 Promoting life-long learning
- 3 Promoting equality of opportunity
- 4 Encouraging participation in tertiary education
- 5 Promoting continuous improvement in tertiary education
- 6 Promotion of research and innovation
- 7 Promoting collaboration and coherence in tertiary education and research
- 8 Contributing to a sustainable and innovative economy
- 9 Promoting tertiary education through the medium of Welsh
- 10 Promoting a civic mission
- 11 Promoting a global outlook
- 12 Promoting collaboration between providers of tertiary education and trade unions
- Strategy for tertiary education and research
- 13 Statement of strategic priorities
- 14 Strategic plan for the Commission
- 15 Approval, publication and implementation of strategic plan
- 16 Review of strategic plan
- Academic freedom and institutional autonomy
- 17 Academic freedom of higher education providers and staff
- 18 Institutional autonomy of tertiary education providers
- Compatibility with charity law
- 19 Compatibility with charity law and governing documents of tertiary education providers
- Welsh Ministers’ guidance and directions
- 20 Guidance
- 21 The Welsh Ministers’ power to give general directions
- Additional functions
- 22 Additional functions of the Commission
- Dissolution of Higher Education Funding Council for Wales
- 23 Dissolution of the Higher Education Funding Council for Wales
- 24 Transfer schemes
- PART 2 REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS
- CHAPTER 1 REGISTRATION OF TERTIARY EDUCATION PROVIDERS
- The register and registration procedure
- 25 The register
- 26 Registration procedure
- Registration conditions
- 27 Initial registration conditions
- 28 General ongoing registration conditions
- 29 Specific ongoing registration conditions
- 30 Proportionate conditions etc.
- 31 Mandatory ongoing registration conditions for each registered provider
- 32 Mandatory ongoing registration condition on fee limits
- 33 Mandatory ongoing registration conditions on equal opportunity
- 34 Power to provide for further mandatory ongoing registration conditions
- 35 Commission duty to give guidance about ongoing registration conditions
- Monitoring and enforcement of registration conditions
- 36 Commission duty to monitor compliance with ongoing registration conditions
- 37 Advice and assistance in respect of compliance with ongoing registration conditions
- 38 Reviews relevant to compliance with ongoing registration conditions
- 39 Directions in respect of failure to comply with ongoing registration conditions
- 40 Supplementary provision about directions under section 39
- De-registration
- 41 De-registration
- 42 De-registration: procedure
- 43 Voluntary de-registration and de-registration with consent
- 44 Change of registration category without application
- Registration decision reviews
- 45 Registration decision reviews
- Fee limit statements
- 46 Requirements of a fee limit statement
- 47 Approval of fee limit statement
- 48 Publication of approved fee limit statement
- 49 Validity of contracts
- CHAPTER 2 QUALITY ASSURANCE AND IMPROVING QUALITY
- General quality assurance functions
- 50 Quality assurance frameworks
- 51 Duty to monitor, and promote improvement in, the quality of regulated tertiary education
- 52 Advice and assistance in respect of quality of tertiary education
- 53 Reviews relevant to quality of tertiary education
- Assessment of quality in higher education
- 54 Assessment of quality of higher education
- 55 Action plans following assessments under section 54
- 56 Exercise of higher education assessment functions by a designated body
- Inspection of further education or training etc.
- 57 Duty of the Chief Inspector to inspect and report
- 58 Power of the Chief Inspector to inspect and report
- 59 Duty to provide information and advice to the Commission
- 60 Duty to provide information and advice to the Welsh Ministers
- 61 Additional functions of the Chief Inspector
- 62 Action plans following inspections by the Chief Inspector
- 63 Area inspections
- 64 Right of entry and offences
- 65 Surveys and studies
- 66 Annual reports
- 67 Annual plan of the Chief Inspector
- 68 Funding of inspections and reports on further education and training etc.
- CHAPTER 3 FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS
- Intervention in the conduct of further education institutions
- 69 Grounds for intervention
- 70 Powers to intervene
- 71 Notification by the Commission of grounds for intervention
- 72 Welsh Ministers’ statement on intervention powers
- Access to information and facilities
- 73 Duty to co-operate
- 74 Powers of entry and inspection
- Warning and review procedure
- 75 Application of sections 76 to 78
- 76 Proposed notices and directions: requirement to give warning notice
- 77 Information to be given with notices and directions and effect pending review
- 78 Review of notices and directions
- 79 Decision reviewer
- Miscellaneous duties
- 80 Duty to monitor and report on financial sustainability
- 81 Commission’s statement on intervention functions
- Directions
- 82 Effect and enforcement of directions
- CHAPTER 4 GENERAL
- 83 Designation of other providers of tertiary education
- 84 Interpretation of Part 2
- PART 3 SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH
- Funding the Commission
- 85 Power of the Welsh Ministers to fund the Commission
- 86 Funding the Commission: limitations on terms and conditions
- Commission’s funding policy
- 87 Policy on funding powers
- Funding of higher education
- 88 Financial support to specified providers for higher education
- 89 Financial support for higher education courses specified in regulations
- 90 Financial support under sections 88 and 89: terms and conditions
- 91 Financial support under sections 88 and 89: supplementary
- 92 Financial support by Welsh Ministers for certain higher education courses
- Further education and training
- 93 Education and training for persons aged 16 to 19
- 94 Education and training for eligible persons over 19
- 95 Education and training for persons over 19
- 96 Requirements on Commission when securing further education and training
- 97 Financial support for further education or training
- 98 Financial support for further education or training: further provision
- 99 Financial resources for further education or training: terms and conditions
- 100 Means tests
- 101 School sixth-forms
- 102 Persons with additional learning needs
- Financial support for other activities connected to tertiary education
- 103 Financial support for other activities connected to tertiary education
- Financial support for apprenticeships
- 104 Financial support for apprenticeships
- Research and innovation
- 105 Financial support for research and innovation
- 106 Financial support for research and innovation: terms and conditions
- 107 The Commission’s other functions in relation to research and innovation
- Terms and conditions: quality, governance etc., welfare and equal opportunities
- 108 Financial support under sections 89, 97 and 104: further provision about terms and conditions
- Collaborating bodies: consent
- 109 Consent for payments to collaborating bodies
- Financial support directions
- 110 Financial support directions
- PART 4 APPRENTICESHIPS
- Introductory
- 111 Meaning of “approved Welsh apprenticeship”
- 112 Meaning of “approved Welsh apprenticeship agreement”
- 113 Meaning of “alternative Welsh apprenticeship”
- 114 Meaning of “apprenticeship framework”
- Functions of the Welsh Ministers
- 115 Specification of requirements in relation to approved Welsh apprenticeship
- 116 Consultation by Welsh Ministers about specifications
- Functions of the Commission
- 117 Preparation and publication of apprenticeship frameworks
- 118 Register of apprenticeship frameworks
- 119 Power to issue apprenticeship certificates
- 120 Delegation of Commission functions
- Supplementary provisions about apprenticeship agreements
- 121 Ineffective provisions of approved Welsh apprenticeship agreements
- 122 Status of approved Welsh apprenticeship agreements
- 123 Transfer of copyright in apprenticeship frameworks
- 124 Crown servants
- General
- 125 Interpretation of Part 4
- PART 5 LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT
- 126 Learner protection plans
- 127 Complaints procedures
- 128 Qualifying institutions for student complaints scheme
- 129 Learner Engagement Code
- PART 6 INFORMATION, ADVICE AND GUIDANCE
- 130 Information and advice from the Commission and information from the Welsh Ministers
- 131 Persons required to provide information to the Commission
- 132 Powers to share information
- 133 Power to require application-to-acceptance information
- 134 Use of application-to-acceptance information for research purposes
- 135 Other information, advice and guidance
- 136 Research by the Commission or the Welsh Ministers
- PART 7 MISCELLANEOUS AND GENERAL
- Higher education corporations
- 137 Instruments of government of higher education corporations in Wales
- 138 Articles of government of higher education corporations in Wales
- 139 Dissolution of higher education corporations in Wales
- Consultation about careers services
- 140 Duty to consult the Commission on careers services
- General
- 141 Data Protection
- 142 Publication
- 143 Regulations
- 144 General interpretation
- 145 Power to provide for the Open University to be treated as a tertiary education provider in Wales
- 146 Power to make consequential and transitional provision etc.
- 147 Minor and consequential amendments
- 148 Coming into force
- 149 Short title
- SCHEDULE 1 COMMISSION FOR TERTIARY EDUCATION AND RESEARCH
- Status
- Membership
- The chair and ordinary members
- Associate membership
- Appointment of associate workforce members
- Appointment of associate Commission staff member
- Appointment of associate learner member
- Terms of associate membership etc.
- Removal of associate member from office
- Chief executive and other staff
- Research and Innovation Committee, Quality Committee and other committees
- Chair of the RIC
- Joint committees
- Duty to ensure good value
- Accounts and audit
- Annual reports
- Meaning of “financial year” and “academic year”
- Delegation by the Commission
- Delegation by committees
- Proceedings
- Register of interests
- Supplementary powers
- SCHEDULE 2 TRANSFERS OF PROPERTY AND STAFF TO THE COMMISSION
- Power to make transfer schemes
- Modification of transfer schemes
- Duty to lay transfer schemes before Senedd Cymru
- Interpretation
- SCHEDULE 3 ASSESSING HIGHER EDUCATION: DESIGNATED BODY
- PART 1 DESIGNATION
- Designation
- Bodies suitable to exercise assessment functions
- Removal of designation
- PART 2 OVERSIGHT BY THE COMMISSION
- Application
- Power to provide funding
- Oversight arrangements
- Annual report by the designated body
- Power of the Commission to give directions
- Duty of the Commission to inform the Welsh Ministers about significant concerns
- PART 3 POWER TO CHARGE FEES
- PART 4 INTERPRETATION
- SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS
- Employment and Training Act 1973 (c. 50)
- Education (Fees and Awards) Act 1983 (c. 40)
- Education (No. 2) Act 1986 (c. 61)
- Employment Act 1988 (c. 19)
- Education Reform Act 1988 (c. 40)
- Further and Higher Education Act 1992 (c. 13)
- Education Act 1994 (c. 30)
- Education Act 1996 (c. 56)
- Education Act 1997 (c. 44)
- Teaching and Higher Education Act 1998 (c. 30)
- School Standards and Framework Act 1998 (c. 31)
- Government of Wales Act 1998 (c.38)
- Care Standards Act 2000 (c. 14)
- Learning and Skills Act 2000 (c. 21)
- Education Act 2002 (c. 32)
- Higher Education Act 2004 (c. 8)
- Children Act 2004 (c. 31)
- Education Act 2005 (c. 18)
- Commissioner for Older People (Wales) Act 2006 (c. 30)
- Government of Wales Act 2006 (c. 32)
- Safeguarding Vulnerable Groups Act 2006 (c. 47)
- Education and Skills Act 2008 (c. 25)
- Learner Travel (Wales) Measure 2008 (nawm 2)
- Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
- Learning and Skills (Wales) Measure 2009 (nawm 1)
- Equality Act 2010 (c. 15)
- Children and Families (Wales) Measure 2010 (nawm 1)
- Welsh Language (Wales) Measure 2011 (nawm 1)
- School Standards and Organisation (Wales) Act 2013 (anaw 1)
- Social Services and Well-being (Wales) Act 2014 (anaw 4)
- Higher Education (Wales) Act 2015 (anaw 1)
- Well-being of Future Generations (Wales) Act 2015 (anaw 2)
- Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)
- Qualifications Wales Act 2015 (anaw 5)
- Deregulation Act 2015 (c. 20)
- Environment (Wales) Act 2016 (anaw 3)
- Public Health (Wales) Act 2017 (anaw 2)
- Higher Education and Research Act 2017 (c. 29)
- Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
- The Welsh Language Standards (No. 6) Regulations 2017 (S.I. 2017/90)
- Public Services Ombudsman (Wales) Act 2019 (anaw 3)
Feedback