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Higher Education Act 2004

Annex A.Table of powers, duties and responsibilities which Higher Education Act confers on the National Assembly for Wales

Section 10Provides the Assembly with the power to fund arts and humanities research and related activities in relation to Wales.
Section 13Provides power for the Assembly to designate a body corporate as the operator for a student complaints scheme for qualifying institutions.
Section 16Requires the Assembly to publish notice of the termination of designation of an operator to student complaints if and when that takes place.
Section 18Empowers the Assembly by order to make provision where a designated body ceases providing a scheme, or an agreement or notice to terminate has been made.
Schedule 2Provides the Assembly with the power to amend the Schedule by regulations, in order to change conditions that must be met by the student complaints scheme.
Schedule 3Requires that the designated operator for student complaints must comply with requests from the Assembly to provide information or conduct a review of the scheme’s operation.
Schedule 4Empowers the Assembly to terminate the designation of an operator for student complaints.
Sections 27 and 28Provide the Assembly with a power to impose conditions as to student fees, and a regulation making power to set a higher and basic amount for fee limits, and for those fee limits to be enforced by the Higher Education Funding Council for Wales (HEFCW). Provides the Assembly with powers to require institutions to comply with an approved plan.
Section 30Provides the Assembly with the power to specify by regulations the relevant authority which will approve plans, including modifying any enactments as necessary or expedient for that authority to carry out its function.
Section 33Empowers the Assembly to make regulations setting out the content that is required to be included in plans, which must be approved before fees above the basic level can be charged.
Section 34Allows the Assembly to make regulations relating to approval of plans. In particular, regulations may specify what the relevant authority is or is not to have regard to in deciding whether to approve a plan.
Section 35Gives the Assembly the power to prescribe the maximum duration of plans in Wales.
Section 36Empowers the Assembly to make regulations enabling plans to be varied with the approval of the relevant authority.
Section 38Provides that the Assembly may make regulations setting out procedures and effect of sanctions that may be imposed by the relevant authority in the event of a plan being breached.
Section 39Requires the Assembly to make regulations providing for a procedure for review of the decisions of the relevant authority.
Section 44This section transfers to the Assembly certain functions under section 22 of the Teaching and Higher Education Act 1998 (except functions related to repayment of loans through the tax system) and functions under section 23 of that Act.
Section 45Permits the Assembly (once student support functions are transferred) to make regulations allowing student support authorities to supply information collected from individuals in connection with student support to other designated organisations. Consent of the individuals is required before information can be supplied.

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Explanatory Notes

Text created by the 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 were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


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