Search Legislation

Tertiary Education and Research (Wales) Act 2022

Status:

This is the original version (as it was originally enacted).

74Powers of entry and inspection
This section has no associated Explanatory Notes

(1)For the purpose of the exercise of a function by virtue of section 36, 38, 51, 53 or 54(1), an authorised person may—

(a)enter the premises of a registered provider;

(b)inspect, copy or take away documents found on the premises.

(2)For the purpose of the exercise of a function by virtue of section 51, 53 or 54(1), an authorised person may—

(a)enter the premises of an external provider;

(b)inspect, copy or take away documents found on the premises.

(3)In subsections (1)(b) and (2)(b), references to—

(a)documents include information recorded in any form;

(b)documents found on the premises include—

(i)documents stored on computers or electronic storage devices on the premises, and

(ii)documents stored elsewhere which can be accessed by computers on the premises.

(4)The power conferred by subsections (1)(b) and (2)(b) includes power—

(a)to require a person to provide documents;

(b)to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents stored electronically);

(c)to inspect a computer or electronic storage device on which documents have been created or stored.

(5)A power conferred by this section may be exercised only after giving reasonable notice to⁠—

(a)the governing body of the registered provider or external provider in relation to whose premises the authorised person intends to exercise the power, and

(b)the governing body of any registered provider on whose behalf that provider or external provider provides the tertiary education to which the exercise of the relevant function mentioned in subsection (1) or (2) relates.

(6)Subsection (5) does not apply to the exercise of a power if the authorised person is satisfied that—

(a)the case is one of urgency, or

(b)complying with that subsection would defeat the object of exercising the power.

(7)In this section, “authorised person” means a person authorised in writing by the Commission (whether generally or specifically) to exercise the powers conferred by this section.

(8)Before exercising a power under this section, an authorised person must, if required to do so, produce a copy of the person’s authorisation under subsection (7).

(9)The powers conferred by this section—

(a)may be exercised at reasonable times only;

(b)may not be exercised to require a person to do anything otherwise than at a reasonable time.

(10)The powers conferred by this section do not include power to enter a dwelling without the agreement of the occupier.

(11)In this section, “premises” means premises in Wales or England.

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

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

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