Tertiary Education and Research (Wales) Act 2022

PART 1 DESIGNATION

Designation

1 (1) The Commission may designate a body to exercise its assessment functions.

(2) The Commission may designate a body under sub-paragraph (1) only if it considers that—

(a) the body is suitable to exercise the assessment functions, and

(b) designating the body would be appropriate for securing the effective assessment of the quality of higher education provided by tertiary education providers in Wales.

(3) Before designating a body, the Commission must—

(a) obtain the consent of the Welsh Ministers, and

(b) consult—

(i) each registered provider providing higher education, and

(ii) such other persons as it considers appropriate.

(4) If the Commission decides to designate a body under sub-paragraph (1) it must—

(a) notify the body of the designation before the date on which the designation takes effect (“the effective date”), and

(b) publish notice of the designation before that date.

(5) The notice of the designation must state—

(a) the name of the body, and

(b) the effective date.

(6) If the Welsh Ministers do not give their consent under sub-paragraph (3)(a), they must publish the reasons for not doing so.

Bodies suitable to exercise assessment functions

2 (1) A body is suitable to exercise the assessment functions if the body satisfies the conditions in sub-paragraph (2).

(2) The conditions are—

(a) that the body is capable of exercising the assessment functions in an effective manner,

(b) the persons who determine the strategic priorities of the body represent a broad range of registered providers providing higher education,

(c) the body commands the confidence of registered providers providing higher education,

(d) the body exercises its functions independent of any particular higher education provider, and

(e) the body consents to being designated under this Schedule.

Removal of designation

3 (1) The Commission may by notice remove a designation under this Schedule.

(2) The notice must—

(a) include the reasons for the Commission’s decision, and

(b) specify the date on which the designation is removed.

(3) The Commission may remove a designation only if—

(a) the Commission is satisfied that removing the designation would be appropriate for securing the effective assessment of the quality of higher education provided by tertiary education providers in Wales, or

(b) the designated body consents to the removal of the designation.

(4) Unless sub-paragraph (3)(b) applies, the Commission must, before removing the designation—

(a) obtain the consent of the Welsh Ministers, and

(b) consult—

(i) each registered provider providing higher education, and

(ii) such other persons as it considers appropriate.

(5) The Commission must publish a notice under this paragraph.

(6) If the Welsh Ministers do not give their consent under sub-paragraph (4)(a), they must publish the reasons for not doing so.