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Tertiary Education and Research (Wales) Act 2022

Welsh Ministers’ guidance and directions

Section 20: Guidance

78.This section providers that the Commission must have regard to guidance given to it by Welsh Ministers.

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

79.Subsection (1) enables the Welsh Ministers to issue general directions to the Commission about the exercise of any of its functions. A direction issued by the Welsh Ministers under this section is subject to the limitations that are set out in subsections (2), (3) and (5).

80.The limitations set out under subsections (2) and (3) do not prevent any direction issued under this section from being framed by reference to a course of study, or parts of courses of study, being provided and assessed through the medium of Welsh (subsection (4)). The purpose of the limitations is to protect the institutional autonomy of tertiary education and research providers, the academic freedom of higher education providers and the ability of the Commission to determine funding allocations to individual providers.

81.Subsection (6) requires the Welsh Ministers to consult the Commission before issuing a general direction. Subsection (7) requires the Welsh Ministers to keep any general direction given to the Commission under review. The Welsh Ministers must also publish any general direction given to the Commission under this section and report any such directions to the Senedd.

82.Subsection (8) requires the Commission to comply with a general direction given by the Welsh Ministers.

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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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