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Tertiary Education and Research (Wales) Act 2022

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Tertiary Education and Research (Wales) Act 2022. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. General Overview of the Act

    1. Part 1 – Strategic Framework for Tertiary Education and Research

    2. Part 2 – Registration and Regulation of Tertiary Education Providers

      1. Chapter 1 – Registration of tertiary education providers

      2. Chapter 2 – Quality assurance and improving quality

      3. Chapter 3 – Further enforcement and procedural provisions

    3. Part 3 – Securing and Funding Tertiary Education and Research

    4. Part 4 – Apprenticeships

    5. Part 5 – Learner Protection, Complaints Procedures and Learner Engagement

    6. Part 6 – Information, Advice and Guidance

    7. Part 7 Miscellaneous and General

  3. Commentary on Sections

    1. Part 1: Strategic Framework for Tertiary Education and Research

      1. The Commission

        1. Section 1: Establishment of the Commission for Tertiary Education and Research & Schedule 1: Commission for Tertiary Education and Research

      2. The Commission’s strategic duties

        1. Section 2: Promoting life-long learning

        2. Section 3: Promoting equality of opportunity

        3. Section 4: Encouraging participation in tertiary education

        4. Section 5: Promoting continuous improvement in tertiary education

        5. Section 6: Promotion of research and innovation

        6. Section 7: Promoting collaboration and coherence in tertiary education and research

        7. Section 8: Contributing to a sustainable and innovative economy

        8. Section 9: Promoting tertiary education through the medium of Welsh

        9. Section 10: Promoting a civic mission

        10. Section 11: Promoting a global outlook

        11. Section 12: Promoting collaboration between providers of tertiary education and trade unions

      3. Strategy for tertiary education and research

        1. Section 13: Statement of strategic priorities

        2. Section 14: Strategic plan for the Commission

        3. Section 15: Approval, publication and implementation of strategic plan

        4. Section 16: Review of strategic plan

      4. Academic freedom and institutional autonomy

        1. Section 17: Academic freedom of higher education providers and staff

        2. Section 18: Institutional autonomy of tertiary education providers

      5. Compatibility with charity law

        1. Section 19: Compatibility with charity law and governing documents of tertiary education providers

      6. Welsh Ministers’ guidance and directions

        1. Section 20: Guidance

        2. Section 21: The Welsh Ministers’ power to give general directions

      7. Additional functions

        1. Section 22: Additional functions of the Commission

      8. Dissolution of Higher Education Funding Council for Wales

        1. Section 23: Dissolution of the Higher Education and Funding Council for Wales

        2. Section 24 and Schedule 2: Transfer schemes

    2. Part 2: Registration and Regulation of Tertiary Education Providers

      1. Chapter 1: Registration of Tertiary Education Providers

        1. The register and registration procedure

          1. Section 25: The register

          2. Section 26: Registration procedure

        2. Registration conditions

          1. Section 27: Initial registration conditions

          2. Section 28: General ongoing registration conditions

          3. Section 29: Specific ongoing registration conditions

          4. Section 30: Proportionate conditions etc.

          5. Section 31: Mandatory ongoing registration conditions for each registered provider

          6. Section 32: Mandatory ongoing registration condition on fee limits

          7. Section 33: Mandatory ongoing registration conditions on equal opportunity

          8. Section 34: Power to provide for further mandatory ongoing registration conditions

          9. Section 35: Commission duty to give guidance about ongoing registration conditions

        3. Monitoring and enforcement of registration conditions

          1. Section 36: Commission duty to monitor compliance with ongoing registration conditions

          2. Section 37: Advice and assistance in respect of compliance with ongoing registration conditions

          3. Section 38: Reviews relevant to compliance with ongoing registration conditions

          4. Section 39: Directions in respect of failure to comply with ongoing registration conditions

          5. Section 40: Supplementary provision about directions under section 39

        4. De-registration

          1. Section 41: De-registration

          2. Section 42:  De-registration: procedure

          3. Section 43: Voluntary de-registration and de-registration with consent

          4. Section 44: Change of registration category without application

        5. Registration decision reviews

          1. Section 45: Registration decision reviews

        6. Fee limit statements

          1. Section 46: Requirements of a fee limit statement

          2. Section 47: Approval of fee limit statement

          3. Section 48: Publication of approved fee limit statement

          4. Section 49: Validity of contracts

      2. Chapter 2 – Quality Assurance and Improving Quality

        1. General quality assurance functions

          1. Section 50: Quality assurance frameworks

          2. Section 51: Duty to monitor and promote improvement in the quality of regulated tertiary education

          3. Section 52: Advice and assistance in respect of quality of tertiary education

          4. Section 53: Reviews relevant to quality of tertiary education

        2. Assessment of quality in higher education

          1. Section 54: Assessment of quality of higher education

          2. Section 55: Action plans following assessments under section 54

          3. Section 56: Exercise of higher education assessment functions by a designated body and Schedule 3 - Assessing higher education: designated body

    3. Part 1 of Schedule 3: Designation

    4. Part 2 of Schedule 3: Oversight by the Commission

    5. Part 3 of Schedule 3: Power to charge fees

    6. Part 4 of Schedule 3: Interpretation

      1. Inspection of further education or training etc.

        1. Section 57: Duty of the Chief Inspector to inspect and report

        2. Section 58:  Power of the Chief Inspector to inspect and report

        3. Section 59: Duty to provide information and advice to the Commission

        4. Section 60: Duty to provide information and advice to the Welsh Ministers

        5. Section 61: Additional functions of the Chief Inspector

        6. Section 62: Action plans following inspections by the Chief Inspector

        7. Section 63: Area inspections

        8. Section 64: Rights of entry and offences

        9. Section 65: Surveys and studies

        10. Section 66: Annual reports

        11. Section 67:  Annual plan of the Chief Inspector

        12. Section 68: Funding of inspections and reports on further education and training etc.

        13. Chapter 3: Further Enforcement and Procedural Provisions

          1. Intervention in the conduct of further education institutions

            1. Section 69:  Grounds for intervention and Section 70: Powers to intervene

            2. Section 71: Notification by the Commission of grounds for intervention

            3. Section 72: Welsh Ministers’ statement on intervention powers

          2. Access to information and facilities

            1. Section 73: Duty to co-operate

            2. Section 74: Powers of entry and inspection

          3. Warning and review procedure

            1. Section 75: Application of sections 76 to 78

            2. Section 76: Proposed notices and directions: requirement to give warning notice

            3. Section 77: Information to be given with notices and directions and effect pending review

            4. Section 78: Review of notices and directions

            5. Section 79: Decision reviewer

          4. Miscellaneous duties

            1. Section 80: Duty to monitor and report on financial sustainability

            2. Section 81: Commission’s statement on intervention functions

          5. Directions

            1. Section 82: Effect and enforcement of directions

        14. Chapter 4: General

          1. Section 83: Designation of other providers of tertiary education

          2. Section 84: Interpretation of Part 2

    7. Part 3:  Securing and Funding Tertiary Education and Research

      1. Funding the Commission

        1. Section 85: Power of the Welsh Ministers to fund the Commission

        2. Section 86: Funding the Commission: limitations on terms and conditions

      2. Commission’s funding policy

        1. Section 87: Policy on funding powers

      3. Funding of higher education

        1. Section 88: Financial support to specified providers for higher education

        2. Section 89: Financial support for higher education courses specified in regulations

        3. Section 90: Financial support under sections 88 and 89: terms and conditions

        4. Section 91: Financial support under sections 88 and 89: supplementary

        5. Section 92: Financial support by Welsh Ministers for certain higher education courses

      4. Further education and training

        1. Section 93: Education and training for persons aged 16 to 19

        2. Section 94: Education and training for eligible persons over 19

        3. Section 95: Education and training for persons over 19

        4. Section 96: Requirements on Commission when securing further education and training

        5. Section 97: Financial support for further education or training

        6. Section 98: Financial support for further education or training: further provision

        7. Section 99: Financial resources for further education or training: terms and conditions

        8. Section 100: Means tests

        9. Section 101: School sixth-forms

        10. Section 102: Persons with additional learning needs

      5. Financial support for other activities connected to tertiary education

        1. Section 103: Financial support for other activities connected to tertiary education

      6. Financial support for apprenticeships

        1. Section 104: Financial support for apprenticeships

      7. Research and innovation

        1. Section 105: Financial support for research and innovation

        2. Section 106: Financial support for research and innovation: terms and conditions

        3. Section 107: The Commission’s other functions in relation to research and innovation

      8. Terms and conditions: quality, governance etc., welfare and equal opportunities

        1. Section 108: Financial support under sections 89, 97 and 104: further provision about terms and conditions

      9. Collaborating bodies: consent

        1. Section 109: Consent for payments to collaborating bodies

      10. Financial support directions

        1. Section 110: Financial support directions

    8. Part 4: Apprenticeships

      1. Introductory

        1. Section 111: Meaning of “approved Welsh apprenticeship”

        2. Section 112: Meaning of “approved Welsh apprenticeship agreement”

        3. Section 113: Meaning of “alternative Welsh apprenticeship”

        4. Section 114: Meaning of “apprenticeship framework”

      2. Functions of the Welsh Ministers

        1. Section 115: Specification of requirements in relation to approved Welsh apprenticeships

        2. Section 116: Consultation by Welsh Ministers about specifications

      3. Functions of the Commission

        1. Section 117: Preparation and publication of apprenticeship frameworks

        2. Section 118: Register of apprenticeship frameworks

        3. Section 119: Power to issue apprenticeship certificates

        4. Section 120: Delegation of Commission functions

      4. Supplementary provisions about apprenticeship agreements

        1. Section 121: Ineffective provisions of approved Welsh apprenticeship agreements

        2. Section 122: Status of approved Welsh apprenticeship agreements

        3. Section 123: Transfer of copyright in apprenticeship frameworks

        4. Section 124: Crown servants

      5. General

        1. Section 125: Interpretation of Part 4

    9. Part 5: Learner Protection, Complaints Procedures and Learner Engagement

      1. Section 126: Learner protection plans

      2. Section 127: Complaints procedures

      3. Section 128: Qualifying institutions for student complaints scheme

      4. Section 129: Learner Engagement Code

    10. Part 6: Information, Advice and Guidance

      1. Section 130: Information and advice from the Commission and information from the Welsh Ministers

      2. Section 131: Persons required to provide information to the Commission

      3. Section 132: Powers to share information

      4. Section 133: Power to require application-to-acceptance information

      5. Section 134: Use of application-to-acceptance information for research purposes

      6. Section 135: Other information, advice and guidance

      7. Section 136: Research by the Commission or the Welsh Ministers

    11. Part 7: Miscellaneous and General

      1. Higher education corporations

        1. Section 137: Instruments of government of higher education corporations in Wales

        2. Section 138: Articles of government of higher education corporations in Wales

        3. Section 139: Dissolution of higher education corporations in Wales

      2. Consultation about careers services

        1. Section 140: Duty to consult the Commission on careers services

      3. General

        1. Section 141: Data Protection

        2. Section 142: Publication

        3. Section 143: Regulations

        4. Section 144: General interpretation

        5. Section 145: Power to provide for the Open University to be treated as a tertiary education provider in Wales

        6. Section 146: Power to make consequential and transitional provision etc.

        7. Section 147 and Schedule 4: Minor and consequential amendments

        8. Section 148: Coming into force

        9. Section 149: Short title

  4. Record of Proceedings in Senedd Cymru

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Welsh 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 accompany all Acts of Senedd Cymru.

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