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Tertiary Education and Research (Wales) Act 2022

Chapter 1 – Registration of tertiary education providers

12.The Commission must establish and maintain a register of tertiary education providers in Wales and providers may apply to become registered in one or more categories of the register. Categories of registration are to be set in regulations made by the Welsh Ministers. The conditions of registration are a combination of conditions imposed directly by the Act and conditions set and published by the Commission, which must be proportionate to their aims. The Commission is placed under a duty to impose some conditions on all registered providers, and it has duties to set particular kinds of conditions for particular kinds of registered provider. It also is given power to set conditions of its own choosing.

13.The mandatory conditions in the Act for specified categories of provider relate to fee limits for courses and promoting equal opportunity. The categories of registered provider to which these provisions apply are to be specified by the Welsh Ministers by regulations. The Welsh Ministers also have the power by regulations to require the Commission to impose other conditions on registered providers.

14.The Commission is placed under a duty to monitor compliance with the registration conditions, may provide advice and assistance to tertiary education providers and may carry out or arrange reviews of matters relevant to compliance. Enforcement of any failure of a registered provider to comply with conditions of registration is to be by directions given by the Commission.

15.The Chapter also makes procedural provision for de-registration of registered providers and provision for reviews of Commission decisions by an independent panel.

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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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