Search Legislation

Tertiary Education and Research (Wales) Act 2022

Changes over time for: Cross Heading: Funding the Commission

 Help about opening options

Alternative versions:

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Tertiary Education and Research (Wales) Act 2022, Cross Heading: Funding the Commission. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Funding the CommissionE+W

85Power of the Welsh Ministers to fund the CommissionE+W

(1)The Welsh Ministers may provide such funding to the Commission as they consider appropriate for the exercise of the Commission’s functions.

(2)The Welsh Ministers may make funding under subsection (1) subject to terms and conditions which may (among other things)—

(a)enable the Welsh Ministers to require the repayment, in whole or in part, of sums paid by them if any of the terms and conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period during which a sum due to the Welsh Ministers in accordance with any of the terms and conditions remains unpaid;

(c)enable the Welsh Ministers to require the Commission to enter into an outcome agreement with a person to whom the Commission proposes to provide financial resources.

(3)In subsection (2)(c), “an outcome agreement” means an agreement between—

(a)the Commission, and

(b)the person to whom the Commission proposes to provide financial resources,

that sets out the activities to be carried out by that person for the purposes of contributing to the implementation of the Commission’s strategic plan approved under section 15.

(4)An outcome agreement may be required under subsection (2)(c)—

(a)in all cases where the Commission proposes to provide financial resources;

(b)in all cases where the Commission proposes to provide financial resources subject to specified exceptions;

(c)in those cases where the Commission proposes to provide financial resources to specified persons or to persons of a specified description;

(d)in those cases where the Commission proposes to provide financial resources for specified purposes or for purposes of a specified description;

(e)in those cases where the Commission proposes to provide financial resources above or below a specified amount.

(5)In subsection (4), “specified” means specified in the terms and conditions.

Commencement Information

I1S. 85 not in force at Royal Assent, see s. 148(2)

I2S. 85(1)(2)(a)(b) in force at 4.9.2023 by S.I. 2023/919, art. 2(n)

Prospective

86Funding the Commission: limitations on terms and conditionsE+W

(1)Terms and conditions under section 85 relating to the provision of financial resources by the Commission to a person under section 88 or 89 (higher education), section 97 (further education or training) or section 105 (research and innovation) must not relate to activities carried on by a particular person unless they impose requirements that must be complied with—

(a)in respect of every person, or every person of a specified class or description, and

(b)before financial resources of a specified amount or specified description are provided by the Commission in respect of activities carried on by a person.

(2)In subsection (1), “specified” means specified in the terms and conditions.

(3)Terms and conditions under section 85 relating to the provision of financial resources by the Commission must not be framed by reference to—

(a)the criteria for the selection, appointment or dismissal of academic staff, and how they are applied, or

(b)the criteria for the admission of students, or how they are applied.

(4)Terms and conditions under section 85 relating to the provision of financial resources by the Commission under section 105 (research and innovation) may be framed by reference to an area of research or innovation but only if that area is specified in the Commission’s strategic plan approved under section 15.

(5)Terms and conditions under section 85 relating to the provision of financial resources by the Commission under section 88 or 89 (higher education) may be framed by reference to a particular course of study, but must not require the Commission to exercise a function in a way which prohibits or requires the provision of a particular course of study.

(6)Terms and conditions under section 85 relating to the provision of financial resources by the Commission under section 88 or 89 (higher education) or section 105 (research and innovation) must not be framed by reference to—

(a)particular parts of courses of study;

(b)particular programmes of research or innovation projects;

(c)the content of courses of study, programmes of research or innovation projects;

(d)the manner in which such courses, programmes or projects are taught, supervised or assessed.

(7)Subsections (5) and (6) do not prevent terms and conditions being framed by reference to courses of study or parts of courses of study being provided and assessed through the medium of Welsh.

Commencement Information

I3S. 86 not in force at Royal Assent, see s. 148(2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources