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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the designation of certain providers of higher education as institutions for the purpose of the Higher Education (Wales) Act 2015 (“the 2015 Act”). The Regulations also make provision for the withdrawal of a designation and the effect of a withdrawal of designation.

Section 3 of the 2015 Act enables the Welsh Ministers to designate certain providers of higher education as institutions in circumstances where the provider would not (but for the designation) be considered to be an institution. A provider of higher education for the purposes of section 3(2)(a) of the 2015 Act is one that provides higher education in Wales and is a charity.

Regulation 2 provides for an application for designation to be in writing. The regulation also sets out what an application must contain.

An application for designation must contain information relating to the applicant’s charitable status. Where the applicant is a registered charity the application must include the applicant’s charity registration number and details of the charity regulator with whom the applicant is registered. Where an applicant is not a registered charity, for example because it is an exempt or excepted charity, the application must explain why such registration is not required.

An application must also include information relating to the provision of higher education in Wales. Regulation 2(3) specifies those matters relating to the provision of higher education in Wales that must be included.

Regulation 3 requires an application to be accompanied by a copy of any prospectus published by the applicant and which relates to the provision of higher education in Wales by that applicant.

Regulation 4 requires an applicant that is not registered with a charity regulator to provide a copy of its governing document with its application.

Regulation 5 makes provision about the withdrawal of a designation. A designation may be withdrawn by notice in writing given by the Welsh Ministers to the provider in question. The notice must specify the reasons for the designation being withdrawn and the date on which the designation is withdrawn.

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

Regulation 6 provides that where a designation is withdrawn those provisions of the 2015 Act specified in the regulation (which relate to fee limits, compliance with general requirements of fee and access plans and the quality of education) are to continue notwithstanding that a provider has ceased to be treated as an institution.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Cathays Park, Cardiff, CF10 3NQ.