Tertiary Education and Research (Wales) Act 2022

19 Compatibility with charity law and governing documents of tertiary education providers

(1) Nothing in this Act confers power on the Commission or on the Welsh Ministers to require the governing body of a tertiary education provider to do anything that is incompatible with—

(a) any legal obligation or legal restriction that applies to the governing body by virtue of the provider being a charity, or

(b) the governing documents of the provider.

(2) For the purposes of subsection (1), the governing documents of a tertiary education provider are—

(a) in the case of a provider established by Royal Charter—

(i) the provider’s Charter, and

(ii) any instrument relating to the conduct of the provider the making or amendment of which requires the approval of the Privy Council;

(b) in the case of a provider conducted by a higher education corporation (within the meaning given by section 90(1) of the Further and Higher Education Act 1992 (c. 13)), the corporation’s instrument of government and articles of government;

(c) in the case of a provider conducted by a further education corporation (within the meaning given by section 17(1) of the Further and Higher Education Act 1992), the corporation’s instrument of government and articles of government;

(d) in the case of a provider that is an institution designated under section 129 of the Education Reform Act 1988 (c. 40) or section 28 of the Further and Higher Education Act 1992, the provider’s instrument of government and articles of government;

(e) in the case of a provider that is a school, the school’s instrument of government (if any);

(f) in the case of a provider‍ that is conducted by a company, the company’s memorandum and articles of association.