Tertiary Education and Research (Wales) Act 2022 Explanatory Notes

  • Explanatory Notes Table of contents
  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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