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The Higher Education (Designation of Providers of Higher Education) (Wales) Regulations 2015

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Title, commencement, interpretation and application

1.—(1) The title of these Regulations is the Higher Education (Designation of Providers of Higher Education) (Wales) Regulations 2015 and they come into force on 31 July 2015.

(2) In these Regulations—

(a)“the 2015 Act” (“Deddf 2015”) means the Higher Education (Wales) Act 2015;

(b)“charity regulator” (“rheoleiddiwr elusennau”) means the Charity Commission, the Office of the Scottish Charity Regulator or the Charity Commission for Northern Ireland;

(c)“governing document” (“dogfen lywodraethu”) means—

(i)in the case of a provider of higher education conducted by a company, the company’s memorandum and articles of association;

(ii)in any other case a document providing for the constitution and conduct of the provider of higher education.

(3) These Regulations apply in relation to Wales.

Application for designation as an institution

2.—(1) An application by a provider of higher education(1) (“the applicant”) for designation under section 3(1) of the 2015 Act must be in writing and contain—

(a)the applicant’s name and principal address;

(b)any other names under which the applicant operates;

(c)information, including those matters specified in paragraphs (2) and (3), that relate to the applicant’s charitable status and its provision of higher education in Wales.

(2) The information contained in an application must include either—

(a)the applicant’s charity registration number and the name and address of a charity regulator with whom the applicant is registered; or

(b)if the applicant is not registered with a charity regulator the reason why registration with a charity regulator is not required.

(3) The information contained in an application must also include—

(a)a description of the higher education provided by the applicant in Wales;

(b)a description of the award that may be conferred on a person as a result of the higher education provided in Wales by the applicant;

(c)the number of persons in Wales undertaking that higher education as at the date of the application;

(d)the locality in Wales where higher education is provided;

(e)the address of any website maintained by the applicant relating to the provision of higher education in Wales by that applicant.

3.  An application under section 3(1) of the 2015 Act must be accompanied by a copy of any prospectus published by the applicant that relates to the provision of higher education in Wales by that applicant.

4.  An application under section 3(1) of the 2015 Act must also be accompanied by a copy of the applicant’s governing document if the applicant is not registered with a charity regulator.

Withdrawal of designation

5.—(1) The Welsh Ministers may withdraw a designation made under section 3(1) of the 2015 Act by giving written notice to the provider of higher education.

(2) A notice must include—

(a)the Welsh Ministers’ reasons for withdrawing the designation; and

(b)the date on which the designation is withdrawn.

(3) In determining whether to withdraw a designation the Welsh Ministers must take into account whether the provider is no longer within section 3(2) of the 2015 Act.

Application of the 2015 Act following withdrawal of designation

6.—(1) This regulation applies where a designation under section 3(1) of the 2015 Act has been withdrawn.

(2) A provider of higher education is to continue to be treated as an institution for the purposes of sections 10 to 12, 13, 14 and 26 of the 2015 Act.

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

7 July 2015

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