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Tertiary Education and Research (Wales) Act 2022

Part 1 of Schedule 3: Designation

169.Paragraph 1 provides for the Commission to designate a body to conduct the higher education quality assessment functions under section 56(2) on the Commission’s behalf.

170.The Commission may only designate the body if they consider that the body is suitable to exercise the assessment functions, and that in so designating, the effective assessment of the quality of higher education would be ensured.

171.The Commission must obtain the consent of the Welsh Ministers in order to designate a body, and it must consult registered providers providing higher education, as well as any other appropriate persons.

172.A decision to designate must be accompanied by a published notice which states the name of the body designated and the date on which designation becomes effective.

173.If the Welsh Ministers refuse to give their consent to designate the recommended body, then the Welsh Ministers must publish the reasons for this decision.

174.Paragraph 2 outlines the criteria a body must meet to be considered suitable to exercise the assessment functions. These are:

  • the body can exercise the assessment functions effectively;

  • the body’s governing or strategic oversight is determined by people representing a broad range of registered higher education providers;

  • the body can command general confidence from a broad range of registered higher education providers;

  • the body is independent of any particular higher education provider; and

  • the body consents to being designated.

175.Paragraph 3 allows the Commission to remove a designation. In order to remove a designation, the Commission must issue a notice specifying the date on which the designation will conclude and the reasons for withdrawing the designation.

176.A designation may be removed if the Commission consider that doing so would ensure effective assessment of quality in higher education in Wales, or if the designated body consents or requests to have its designation removed.

177.Unless the designated body consents to the removal of designation, removal of the designation must be with the consent of the Welsh Ministers and after consultation with registered higher education providers, and other appropriate persons.

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