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Tertiary Education and Research (Wales) Act 2022

Changes over time for: SCHEDULE 1

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Changes to legislation:

Tertiary Education and Research (Wales) Act 2022, SCHEDULE 1 is up to date with all changes known to be in force on or before 26 February 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 1:

(introduced by section 1)

SCHEDULE 1E+WCOMMISSION FOR TERTIARY EDUCATION AND RESEARCH

This schedule has no associated Explanatory Notes

StatusE+W

1The Commission is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Commencement Information

I1Sch. 1 para. 1 not in force at Royal Assent, see s. 148(2)

I2Sch. 1 para. 1 in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(i)

MembershipE+W

2(1)The members of the Commission are—

(a)the person appointed by the Welsh Ministers to chair the Commission (“the chair”);

(b)the person appointed by the Welsh Ministers as the chair of the RIC under paragraph 12(1) who is to be the deputy chair of the Commission;

(c)at least 4 and no more than 14 other persons appointed by the Welsh Ministers under this paragraph (“ordinary members”);

(d)the person appointed under paragraph 10 as chief executive of the Commission (“the chief executive”).

(2)In appointing the chair and ordinary members the Welsh Ministers must have regard to the desirability of the Commission’s members (between them) having experience of, and having shown capability in—

(a)the provision of education or training;

(b)the carrying out or administration of research;

(c)industrial, commercial or financial matters or the practice of any profession;

(d)promoting the needs of learners in tertiary education.

(e)the provision of education or training through the medium of Welsh or the promotion of such education or training.

Commencement Information

I3Sch. 1 para. 2 not in force at Royal Assent, see s. 148(2)

I4Sch. 1 para. 2 in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(i)

The chair and ordinary membersE+W

3(1)The chair and ordinary members hold and vacate office in accordance with the terms and conditions of their appointment.

(2)Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

(3)A person is disqualified from being the chair or an ordinary member if the person is—

(a)a Member of the Senedd;

(b)a member of the House of Commons;

(c)a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

(d)a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

(4)A person who becomes disqualified ceases to hold office as the chair or as an ordinary member.

(5)The chair and ordinary members are to be appointed for a term of up to 5 years.

(6)A person who has held office as the chair or as an ordinary member may be reappointed.

(7)The chair or an ordinary member may resign from office by giving notice to the Welsh Ministers and to the Commission.

(8)The Commission may, with the Welsh Ministers’ approval, pay or make provision for the payment of remuneration, allowances and pension to, or in respect of, a person who is or has been the chair or an ordinary member.

(9)The Welsh Ministers may by notice to the chair, the deputy chair or an ordinary member remove that person from office if they are satisfied that the person is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

(10)The Welsh Ministers may by notice to the chair, the deputy chair or an ordinary member suspend that person from office, if it appears to them that there may be grounds to exercise the power in sub-paragraph (9).

(11)A suspension by notice under sub-paragraph (10) has effect—

(a)for a period specified in the notice, or

(b)if no period is specified in the notice, until further notice by the Welsh Ministers to the person suspended.

(12)A person removed from office as the deputy chair also ceases to hold office as the chair of the RIC.

(13)A person suspended from office as the deputy chair is also suspended from office as the chair of the RIC.

Commencement Information

I5Sch. 1 para. 3 not in force at Royal Assent, see s. 148(2)

I6Sch. 1 para. 3 in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(ii)

Associate membershipE+W

4(1)The associate members of the Commission are—

(a)at least two persons appointed by the Welsh Ministers in accordance with paragraph 5 to represent the wider tertiary education workforce (“associate workforce members”), where at least one is appointed to represent the academic tertiary education workforce and at least one is appointed to represent the non-academic tertiary education workforce;

(b)where one or more trade unions are recognised by the Commission, a person appointed in accordance with paragraph 6 to represent the staff of the Commission (“associate Commission staff member”);

(c)at least one person appointed by the Welsh Ministers in accordance with paragraph 7 to represent learners in tertiary education (“associate learner member”).

(2)In this paragraph and paragraph 6, “recognised”, in relation to a trade union, has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992.

Commencement Information

I7Sch. 1 para. 4 not in force at Royal Assent, see s. 148(2)

Appointment of associate workforce membersE+W

5(1)The Welsh Ministers must publish—

(a)a list of one or more trade unions for the purpose of appointing associate workforce members to represent the academic tertiary education workforce, and

(b)a list of one or more trade unions for the purpose of appointing associate workforce members to represent the non-academic tertiary education workforce.

(2)Before publishing a list (including a replacement list) under sub-paragraph (1), the Welsh Ministers must consult—

(a)the Commission, and

(b)such other persons as they consider appropriate.

(3)Sub-paragraph (4) applies if no-one holds the position of associate workforce member to represent the academic tertiary education workforce.

(4)The Welsh Ministers must invite each of the trade unions on the most recently published list under sub-paragraph (1)(a) to nominate an eligible candidate for appointment as an associate workforce member to represent the academic tertiary education workforce.

(5)Sub-paragraph (6) applies if no-one holds the position of associate workforce member to represent the non-academic tertiary education workforce.

(6)The Welsh Ministers must invite each of the trade unions on the most recently published list under sub-paragraph (1)(b) to nominate an eligible candidate for appointment as an associate workforce member to represent the non-academic tertiary education workforce.

(7)The Welsh Ministers must specify the period within which a nomination under sub-paragraph (4) or (6) is to be made.

(8)The Welsh Ministers must appoint at least one person, from among the eligible candidates nominated during the period specified under sub-paragraph (7), as an associate workforce member to represent the academic tertiary education workforce.

(9)The Welsh Ministers must appoint at least one person, from among the eligible candidates nominated during the period specified under sub-paragraph (7), as an associate workforce member to represent the non-academic tertiary education workforce.

(10)A person is an eligible candidate for appointment as an associate workforce member to represent the academic tertiary education workforce only if the person is—

(a)employed by a person who provides tertiary education in Wales, and

(b)a member of a trade union on the most recently published list under sub-paragraph (1)(a).

(11)A person is an eligible candidate for appointment as an associate workforce member to represent the non-academic tertiary education workforce only if the person is—

(a)employed by a person who provides tertiary education in Wales, and

(b)a member of a trade union on the most recently published list under sub-paragraph (1)(b).

Commencement Information

I9Sch. 1 para. 5 not in force at Royal Assent, see s. 148(2)

I10Sch. 1 para. 5(1)(2) in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(iv)

Prospective

Appointment of associate Commission staff memberE+W

6(1)Sub-paragraph (2) applies where—

(a)one or more trade unions are recognised by the Commission, and

(b)the position of associate Commission staff member is unoccupied.

(2)The staff member appointment committee (see paragraph 11(5)) must invite each of the trade unions recognised by the Commission to nominate an eligible candidate for appointment as the associate Commission staff member.

(3)The staff member appointment committee must specify the period within which a nomination is to be made.

(4)The staff member appointment committee must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (3), as the associate Commission staff member.

(5)A person is an eligible candidate for appointment as the associate Commission staff member only if the person is—

(a)employed by the Commission, and

(b)a member of a trade union recognised by the Commission.

Commencement Information

I12Sch. 1 para. 6 not in force at Royal Assent, see s. 148(2)

Appointment of associate learner memberE+W

7(1)The Welsh Ministers must publish a list of one or more bodies (whether corporate or unincorporate) appearing to them to represent the interests of learners undertaking tertiary education in Wales for the purpose of appointing the associate learner member.

(2)Before publishing a list (including a replacement list) under sub-paragraph (1), the Welsh Ministers must consult—

(a)the Commission, and

(b)such other persons as they consider appropriate.

(3)Sub-paragraph (4) applies if no-one holds the position of associate learner member.

(4)The Welsh Ministers must invite each of the bodies on the list most recently published under sub-paragraph (1) to nominate an eligible candidate for appointment as the associate learner member.

(5)The Welsh Ministers must specify the period within which a nomination under sub-paragraph (4) is to be made.

(6)The Welsh Ministers must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (5), as the associate learner member.

(7)A person is an eligible candidate for appointment as an associate learner member only if⁠—

(a)the person has been a learner undertaking tertiary education at any time during the period of 3 years ending on the day of the appointment, and

(b)the person holds an office or any form of membership of a body on the list most recently published under sub-paragraph (1).

Commencement Information

I13Sch. 1 para. 7 not in force at Royal Assent, see s. 148(2)

I14Sch. 1 para. 7(1)(2) in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(v)

Terms of associate membership etc.E+W

8(1)An associate member is not eligible to vote in any proceedings of the Commission.

(2)An associate workforce member and an associate learner member hold and vacate office in accordance with the terms and conditions of their appointment.

(3)Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

(4)An associate Commission staff member holds and vacates office in accordance with the terms and conditions of their appointment.

(5)Those terms and conditions are to be determined by the staff member appointment committee, subject to the provisions of this Schedule.

(6)The period of office specified in an associate member’s terms of appointment may not exceed 4 years.

(7)A person who has held office as an associate member may be reappointed as an associate member (and sub-paragraph (6) applies in relation to the appointment).

(8)An associate workforce member and an associate learner member may resign from office by giving notice to the Welsh Ministers and the chair.

(9)An associate Commission staff member may resign from office by giving notice to the staff member appointment committee.

(10)The Commission may, with the approval of the Welsh Ministers, pay an associate member expenses and allowances.

Commencement Information

I16Sch. 1 para. 8 not in force at Royal Assent, see s. 148(2)

Removal of associate member from officeE+W

9(1)The relevant decision maker may by notice to an associate member remove that person from office, if they are satisfied that the person is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

(2)The relevant decision maker may by notice to an associate member suspend that person from office, if it appears to the relevant decision maker that there may be grounds to exercise the power in sub-paragraph (1).

(3)A suspension by notice under sub-paragraph (2) has effect—

(a)for a period specified in the notice, or

(b)if no period is specified in the notice, until further notice by the relevant decision maker to the person suspended.

(4)In this paragraph, the “relevant decision maker” is—

(a)the Welsh Ministers, where the associate member is an associate workforce member or an associate learner member;

(b)the staff member appointment committee, where the associate member is an associate Commission staff member.

(5)An associate member ceases to hold office if the member ceases to be an eligible candidate for appointment to the type of associate membership to which they were appointed (see paragraph 5(10) and (11), paragraph 6(5) and paragraph 7(7)).

Commencement Information

I18Sch. 1 para. 9 not in force at Royal Assent, see s. 148(2)

I20Sch. 1 para. 9(5) in force at 4.9.2023 for specified purposes by S.I. 2023/919, art. 3(mm)

Chief executive and other staffE+W

10(1)The first person appointed as chief executive of the Commission is to be appointed by the Welsh Ministers—

(a)on such terms and conditions (including conditions as to remuneration, allowances and pension) as the Welsh Ministers determine, and

(b)for a term of up to 4 years.

(2)Subsequent appointments (or reappointments) of a person as chief executive are to be made by the Commission, with the approval of the Welsh Ministers.

(3)A person may not be appointed as chief executive if the person is—

(a)a Member of the Senedd;

(b)a member of the House of Commons;

(c)a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

(d)a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

(4)The chief executive is a member of the Commission’s staff.

(5)The Commission may appoint other members of staff.

(6)Except in relation to the first person appointed as chief executive under sub-paragraph (1), the following are to be determined by the Commission, with the approval of the Welsh Ministers—

(a)the terms and conditions of its staff (including remuneration and allowances);

(b)the payment or provision for the payment of pension to or in respect of a member of its staff or a former member of its staff.

(7)Service as a member of the Commission’s staff is not service in the civil service of the State.

Commencement Information

I21Sch. 1 para. 10 not in force at Royal Assent, see s. 148(2)

Research and Innovation Committee, Quality Committee and other committeesE+W

11(1)The Commission is to have a committee known as the Research and Innovation Committee (“the RIC”) for the purpose of advising the Commission on‍ matters relating to research and innovation.

(2)For provision as to the chair of the RIC, see paragraph 12.

(3)The Commission must establish a committee (“the Quality Committee”) for the purpose of advising the Commission on the quality of all tertiary education funded or otherwise secured by the Commission.

(4)The Commission must appoint one of its ordinary members to chair meetings of the Quality Committee.

(5)The Commission must establish a committee composed of the chair and the ordinary members to be the staff member appointment committee.

(6)The Commission may establish other committees.

(7)The RIC, the Quality Committee or other committee established under sub-paragraph (6) may—

(a)establish sub-committees;

(b)dissolve sub-committees established by it.

(8)The Commission may also dissolve sub-committees established under sub-paragraph (7).

(9)The members of the RIC, the Quality Committee or other committee established under sub-paragraph (6) or a sub-committee established under sub-paragraph (7) may include persons who are not members of the Commission.

(10)The Commission may pay remuneration and allowances to any person who—

(a)is a member of the RIC, the Quality Committee or other committee established under sub-paragraph (6) or a sub-committee established under sub-paragraph (7), but

(b)is not a member of the Commission or a member of its staff.

Commencement Information

I24Sch. 1 para. 11 not in force at Royal Assent, see s. 148(2)

I25Sch. 1 para. 11(1) in force at 15.12.2022 for specified purposes by S.I. 2022/1318, art. 2(c)(vii)

I26Sch. 1 para. 11(1) in force at 4.9.2023 in so far as not already in force by S.I. 2023/919, art. 2(v)(vi)

I27Sch. 1 para. 11(2) in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(vii)

Chair of the RICE+W

12(1)The Welsh Ministers must appoint a person to chair the RIC (“the chair of the RIC”).

(2)The chair of the RIC holds and vacates office in accordance with the terms and conditions of the appointment.

(3)Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

(4)A person is disqualified from being the chair of the RIC if the person is—

(a)a Member of the Senedd;

(b)a member of the House of Commons;

(c)a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

(d)a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

(5)A person who becomes disqualified ceases to hold office as the chair of the RIC.

(6)The chair of the RIC is to be appointed for a term of up to 5 years.

(7)A person who has held office as the chair of the RIC may be reappointed.

(8)The chair of the RIC may resign from office at any time by giving notice to the Welsh Ministers and to the Commission.

(9)The Commission may, with the Welsh Ministers’ approval, pay or make provision for the payment of remuneration, allowances and pension to, or in respect of, a person who is or has been the chair of the RIC.

(10)The Welsh Ministers may, by notice to the chair of the RIC, remove the chair from office if they are satisfied that the chair is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

(11)The Welsh Ministers may, by notice to the chair of the RIC, suspend the chair from office if it appears to them that there may be grounds to exercise the power in sub-paragraph (10).

(12)A suspension by notice under sub-paragraph (11) has effect—

(a)for a period specified in the notice, or

(b)if no period is specified in the notice, until further notice by the Welsh Ministers to the chair.

(13)A person who ceases to hold office as the chair of the RIC also ceases to hold office as the deputy chair of the Commission.

(14)A person suspended from office as chair of the RIC is also suspended from office as the deputy chair of the Commission.

Commencement Information

I29Sch. 1 para. 12 not in force at Royal Assent, see s. 148(2)

I30Sch. 1 para. 12 in force at 15.12.2022 by S.I. 2022/1318, art. 2(c)(viii)

Joint committeesE+W

13(1)The Commission may, in connection with the exercise of its functions, establish a committee jointly with any person.

(2)In this Schedule a committee established under this paragraph is referred to as a “joint committee”.

(3)The Commission may pay remuneration and allowances to any person who—

(a)is a member of a joint committee, but

(b)is not a member of the Commission or a member of its staff.

Commencement Information

I31Sch. 1 para. 13 not in force at Royal Assent, see s. 148(2)

I32Sch. 1 para. 13 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(vii)

Duty to ensure good valueE+W

14The Commission must have regard to the need to ensure good value in relation to financial resources provided out of public funds.

Commencement Information

I33Sch. 1 para. 14 not in force at Royal Assent, see s. 148(2)

I34Sch. 1 para. 14 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(viii)

Accounts and auditE+W

15(1)The Commission must—

(a)keep proper accounts and proper records in relation to them, and

(b)prepare a statement of accounts in respect of each financial year in accordance with directions given by the Welsh Ministers.

(2)The directions may make provision as to—

(a)the information to be contained in the statement;

(b)the manner in which the information is to be presented;

(c)the methods and principles according to which the statement is to be prepared;

(d)additional information that is to accompany the statement.

(3)No later than 31 August after the end of each financial year the Commission must submit its statement of accounts to—

(a)the Auditor General for Wales, and

(b)the Welsh Ministers.

(4)The Auditor General for Wales must examine, certify and report on the statement of accounts.

(5)The Auditor General for Wales must, before the expiry of the 4-month period, lay before Senedd Cymru—

(a)a copy of the certified statement and report, or

(b)if it is not reasonably practicable to do so, a statement to that effect, which must include reasons as to why this is the case.

(6)Where a statement has been laid under sub-paragraph (5)(b), the Auditor General must lay a copy of the certified statement and report before Senedd Cymru as soon as reasonably practicable after the expiry of the 4-month period.

(7)In sub-paragraphs (5) and (6), “the 4-month period” means the period of 4 months beginning with the day on which the statement of accounts is submitted to the Auditor General for Wales under sub-paragraph (3).

Commencement Information

I35Sch. 1 para. 15 not in force at Royal Assent, see s. 148(2)

Prospective

Annual reportsE+W

16(1)As soon as reasonably practicable after the end of each financial year the Commission must prepare a report (“the annual report”) that—

(a)gives details of how the Commission has exercised its functions during the year;

(b)explains the progress the Commission has made during the year towards implementing its strategic plan approved under section 15 and the extent to which what it has done during the year has addressed the Welsh Ministers’ strategic priorities set out in the statement published under section 13;

(c)gives details of the following matters for the Welsh education reporting period, and explains how they compare with the details of those matters for the 12 months preceding that period—

(i)the extent to which tertiary education in Wales was provided through the medium of Welsh, and

(ii)the extent to which Welsh was taught to persons over compulsory school age in Wales;

(d)gives an assessment of the quality of tertiary education the Commission is required to monitor by section 51;

(e)includes the information required by section 80(3) (information about financial sustainability);

(f)includes the information required by section 107(3) (monitoring of funding for research and innovation);

(g)includes the information required by section 126(9) (effectiveness of learner protection plans);

(h)includes the information required by section 129(8) (effectiveness of Learner Engagement Code);

(i)gives details of how a body designated under Schedule 3 has exercised its functions during the academic year.

(2)In sub-paragraph (1)(c), “Welsh education reporting period” means the most recent period of 12 months ending on 31 August in respect of which information about the matters set out in sub-paragraph (1)(c)(i) and (ii) is available to the Commission.

(3)The annual report may include any other information the Commission considers appropriate.

(4)As soon as possible after the report is prepared the Commission must send a copy to the Welsh Ministers.

(5)As soon as possible after receiving the annual report the Welsh Ministers must lay a copy of it before Senedd Cymru.

Commencement Information

I37Sch. 1 para. 16 not in force at Royal Assent, see s. 148(2)

Prospective

Meaning of “financial year” and “academic year”E+W

17(1)In paragraphs 15 and 16 “financial year” means—

(a)the period beginning on the day on which section 1 comes into force and ending on the following 31 March;

(b)subsequently, each successive period of 12 months.

(2)In paragraph 16 “academic year” means the period of 12 months ending on 31 August in the financial year.

Commencement Information

I38Sch. 1 para. 17 not in force at Royal Assent, see s. 148(2)

Delegation by the CommissionE+W

18(1)The Commission may delegate any of its functions to—

(a)a member of the Commission or a member of its staff;

(b)the RIC, the Quality Committee or other committee established by the Commission under paragraph 11(6), or a sub-committee established under paragraph 11(7);

(c)a joint committee.

(2)A function is delegated under this paragraph to the extent and on the terms that the Commission determines.

(3)The delegation of a function does not affect—

(a)the Commission’s ability to exercise the function;

(b)the Commission’s responsibility for the exercise of the function.

Commencement Information

I39Sch. 1 para. 18 not in force at Royal Assent, see s. 148(2)

I40Sch. 1 para. 18 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(x)

Delegation by committeesE+W

19(1)The RIC, the Quality Committee or other committee established under paragraph 11(6) may delegate any of its functions to a sub-committee established by it.

(2)A function is delegated under this paragraph to the extent and on the terms that the committee delegating the function determines.

Commencement Information

I41Sch. 1 para. 19 not in force at Royal Assent, see s. 148(2)

I42Sch. 1 para. 19 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(xi)

ProceedingsE+W

20(1)The Commission may determine its own procedure (including quorum) and that of its committees and sub-committees.

(2)The validity of proceedings of the Commission, of its committees or sub-committees, or of a joint committee, is not affected by—

(a)a vacancy or suspension;

(b)a defective appointment.

(3)A person suspended from office under this Schedule may not take part in proceedings of the Commission, of its committees or sub-committees, or of a joint committee during the period in which the suspension has effect.

Commencement Information

I43Sch. 1 para. 20 not in force at Royal Assent, see s. 148(2)

I44Sch. 1 para. 20 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(xii)

Register of interestsE+W

21(1)The Commission must establish and maintain a register of its members’ interests.

(2)The Commission must publish entries recorded in the register of members’ interests.

Commencement Information

I45Sch. 1 para. 21 not in force at Royal Assent, see s. 148(2)

I46Sch. 1 para. 21 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(xiii)

Supplementary powersE+W

22(1)The Commission may do anything that it considers—

(a)appropriate for the purposes of, or in connection with, its functions, or

(b)incidental or conducive to the exercise of those functions.

(2)The Commission may (among other things)—

(a)acquire or dispose of land or other property;

(b)enter into contracts;

(c)invest sums;

(d)accept gifts of money, land or other property.

(3)But the Commission may not borrow money without the approval of the Welsh Ministers.

Commencement Information

I47Sch. 1 para. 22 not in force at Royal Assent, see s. 148(2)

I48Sch. 1 para. 22 in force at 4.9.2023 by S.I. 2023/919, art. 2(v)(xiv)

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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