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Higher Education (Wales) Act 2015

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Higher Education (Wales) Act 2015. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. Summary of the Act

  4. Commentary on Sections of the Act

    1. Part 1 – Introduction

      1. Section 1 - Overview of the Act

    2. Part 2 – Fee and Access Plans

      1. Section 2 – Application by institution for HEFCW’s approval of fee and access plan

      2. Section 3 – Designation of other providers of higher education

      3. Section 4 – Period to which plan relates

      4. Section 5 – Fee limit

      5. Section 6 – Promotion of equality of opportunity and higher education

      6. Section 7 – Approval of fee and access plan

      7. Section 8 – Publication of approved plan

      8. Section 9 – Variation of approved plan

      9. Section 10 – Limits on student fees

      10. Section 11 – Compliance and reimbursement directions

      11. Section 12 – Supplementary provision about compliance and reimbursement directions

      12. Section 13 – Directions in respect of failure to comply with general requirements of approved plan

      13. Section 14 – Validity of contracts

      14. Section 15 – HEFCW’s duty to monitor and evaluate compliance and effectiveness

      15. Section 16 – Monitoring and evaluating compliance and effectiveness: duty to co-operate

    3. Part 3 – Quality of Education

      1. Section 17 – Assessment of quality of education

      2. Sections 18 to 20 – Education of inadequate quality

      3. Section 21 – Quality assessment etc: duty to co-operate

      4. Section 22 – Quality assessment etc: powers of entry and inspection

      5. Section 23 – Guidance about matters relevant to quality

      6. Section 24 – Guidance about criteria for assessing quality

      7. Section 25 – Committee to advise HEFCW about exercise of quality assessment functions

      8. Section 26 – Application of Part 3 where institution ceases to have approved plan

    4. Part 4 – Financial Affairs of Regulated Institutions

      1. Section 27 – HEFCW’s duty to prepare and publish a Code

      2. Sections 28 – Procedure for approval of Code by Welsh Ministers

      3. Section 29 – Procedure if draft Code not approved by Welsh Ministers

      4. Section 30 – Procedure if draft Code approved by Welsh Ministers

      5. Section 31 – Monitoring compliance with the Code

      6. Sections 32 to 34 – Failure to comply with Code

      7. Section 35 – Financial management: duty to co-operate

      8. Section 36 - Financial management: powers of entry and inspection

    5. Part 5 – Fee and Access Plans: Withdrawal of Approval etc

      1. Section 37 – Notice of refusal to approve new fee and access plan

      2. Section 38– Duty to withdraw approval

      3. Section 39 - Power to withdraw approval

      4. Section 40 – Publication etc. of notice under Part 5

    6. Part 6 – Notices and directions given by HEFCW

      1. Section 41 – Application of sections 42 to 44

      2. Section 42 – Proposed notices and directions: requirement to give warning notice

      3. Section 43 – Information to be given with notices and directions

      4. Section 44– Review of notices and directions

      5. Section 45 – Directions: compliance and enforcement

      6. Section 46 – Directions: general

    7. Part 7 – Supplementary provision about functions of HEFCW

      1. Section 47 – Compatibility with charity law and governing documents of institutions

      2. Section 48 – Duty to take into account importance of protecting academic freedom

      3. Section 49 – Duty to take Welsh Ministers’ guidance into account

      4. Section 50 – Annual reports

      5. Section 51 – Special reports

      6. Section 52– Statement in respect of intervention functions

      7. Section 53 – Information and advice to be given by HEFCW to Welsh Ministers

      8. Section 54 – Other information and advice

    8. Part 8 – General

      1. Sections 55 and 56 – Regulations and Directions

      2. Section 58 – Consequential and transitional provision etc

      3. Schedule

      4. Section 59 – Commencement

      5. Section 60 – Short title etc

  5. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

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