Higher Education (Wales) Act 2015

1. Introductory Text

2. PART 1 INTRODUCTION

   1. 1. Overview of this Act

3. PART 2 FEE AND ACCESS PLANS

   1. Application for approval of fee and access plan

      1. 2. Application by institution for HEFCW's approval of fee and access plan

      2. 3. Designation of other providers of higher education

   2. Contents of fee and access plan

      1. 4. Period to which plan relates

      2. 5. Fee limit

      3. 6. Promotion of equality of opportunity and higher education

   3. Approval etc of fee and access plan

      1. 7. Approval of fee and access plan

      2. 8. Publication of approved plan

      3. 9. Variation of approved plan

   4. Compliance with fee limit

      1. 10. Limits on student fees

      2. 11. Compliance and reimbursement directions

      3. 12. Supplementary provision about compliance and reimbursement directions

   5. Compliance with general requirements of approved plan

      1. 13. Directions in respect of failure to comply with general requirements of approved plan

   6. Contracts

      1. 14. Validity of contracts

   7. Approved plans: compliance and effectiveness

      1. 15. HEFCW's duty to monitor and evaluate compliance and effectiveness

      2. 16. Monitoring and evaluating compliance and effectiveness: duty to co-operate

4. PART 3 QUALITY OF EDUCATION

   1. Assessment of quality of education

      1. 17. Assessment of quality of education

   2. Powers in respect of education of inadequate quality

      1. 18. Education of inadequate quality: general

      2. 19. Directions in respect of inadequate quality

      3. 20. Other measures in respect of inadequate quality

   3. Co-operation with quality assessment etc

      1. 21. Quality assessment etc: duty to co-operate

   4. Supplementary powers for purpose of quality assessment etc

      1. 22. Quality assessment etc: powers of entry and inspection

   5. Guidance relating to quality of education

      1. 23. Guidance about matters relevant to quality

      2. 24. Guidance about criteria for assessing quality

   6. Advice to HEFCW about quality assessment functions

      1. 25. Committee to advise HEFCW about exercise of quality assessment functions

   7. Supplementary

      1. 26. Application of this Part where institution ceases to have approved plan

5. PART 4 FINANCIAL AFFAIRS OF REGULATED INSTITUTIONS

   1. Financial management code

      1. 27. HEFCW's duty to prepare and publish Code

      2. 28. Procedure for approval of Code by Welsh Ministers

      3. 29. Procedure if draft Code not approved by Welsh Ministers

      4. 30. Procedure if draft Code approved by Welsh Ministers

   2. Monitoring compliance with Code

      1. 31. Monitoring compliance with Code

   3. Powers in respect of failure to comply with Code

      1. 32. Failure to comply with Code: general

      2. 33. Directions in respect of failure to comply with Code

      3. 34. Other measures in respect of failure to comply with Code

   4. Co-operation with monitoring etc

      1. 35. Financial management: duty to co-operate

   5. Supplementary powers for purpose of monitoring etc

      1. 36. Financial management: powers of entry and inspection

6. PART 5 FEE AND ACCESS PLANS: WITHDRAWAL OF APPROVAL ETC

   1. Refusal to approve new fee and access plan

      1. 37. Notice of refusal to approve new fee and access plan

   2. Withdrawal of approval of existing fee and access plan

      1. 38. Duty to withdraw approval

      2. 39. Power to withdraw approval

   3. Publication etc of notice under this Part

      1. 40. Publication etc of notice under this Part

7. PART 6 NOTICES AND DIRECTIONS GIVEN BY HEFCW

   1. Warning and review procedure for certain notices and directions

      1. 41. Application of sections 42 to 44

      2. 42. Proposed notices and directions: requirement to give warning notice

      3. 43. Information to be given with notices and directions

      4. 44. Review of notices and directions

   2. General provisions about directions given by HEFCW

      1. 45. Directions: compliance and enforcement

      2. 46. Directions: general

8. PART 7 SUPPLEMENTARY PROVISION ABOUT FUNCTIONS OF HEFCW

   1. Exercise of functions by HEFCW

      1. 47. Compatibility with charity law and governing documents of institutions

      2. 48. Duty to take into account importance of protecting academic freedom

      3. 49. Duty to take Welsh Ministers' guidance into account

   2. Reports to be made by HEFCW

      1. 50. Annual reports

      2. 51. Special reports

   3. Other information etc to be given by HEFCW

      1. 52. Statement in respect of intervention functions

      2. 53. Information and advice to be given by HEFCW to Welsh Ministers

      3. 54. Other information and advice

9. PART 8 GENERAL

   1. 55. Regulations

   2. 56. Directions given by Welsh Ministers

   3. 57. Interpretation

   4. 58. Consequential and transitional provision etc

   5. 59. Commencement

   6. 60. Short title etc

10. 1. SCHEDULE

       CONSEQUENTIAL AND TRANSITIONAL PROVISION ETC

       1. PART 1 MINOR AND CONSEQUENTIAL AMENDMENTS

          1. Further and Higher Education Act 1992

             1. 1. The Further and Higher Education Act 1992 is amended as...

             2. 2. (1) Section 70 (assessment of quality of education provided by...

             3. 3. In section 83 (efficiency studies), in the second column of...

             4. 4. (1) Section 91 is amended as follows.

          2. Education Act 1996

             1. 5. In section 4 of the Education Act 1996 (schools: general),...

          3. Education Act 2002

             1. 6. In section 140 of the Education Act 2002 (further education:...

          4. Higher Education Act 2004

             1. 7. The Higher Education Act 2004 is amended as follows.

             2. 8. In section 22 (meaning of “plan” etc), in paragraph (b),...

             3. 9. Omit sections 27 and 28.

             4. 10. (1) Section 29 (supplementary provision) is amended as follows.

             5. 11. (1) Section 30 (meaning of “the relevant authority”) is amended...

             6. 12. In section 32 (general duties of relevant authority), omit subsection...

             7. 13. (1) Section 33 (contents of plans) is amended as follows....

             8. 14. (1) Section 34 (approval of plans) is amended as follows....

             9. 15. In section 35 (duration of plans), in subsection (2) omit...

             10. 16. (1) Section 36 (variation of plans) is amended as follows....

             11. 17. In section 37 (enforcement of plans), in the title omit...

             12. 18. Omit section 38.

             13. 19. In section 39 (review of decisions)— (a) in the words...

             14. 20. Omit section 40A (provision of reports etc by relevant authority...

             15. 21. In section 41 (interpretation of Part 3), in subsection (1)—...

          5. Education Act 2005

             1. 22. In Schedule 14 to the Education Act 2005 (amendments relating...

          6. Government of Wales Act 2006

             1. 23. In Schedule 11 to the Government of Wales Act 2006...

          7. Education Act 2011

             1. 24. The Education Act 2011 is amended as follows.

             2. 25. (1) Section 77 (limit on student fees: part-time courses) is...

             3. 26. (1) Schedule 5 (abolition of the TDA: consequential amendments) is...

       2. PART 2 TRANSITIONAL PROVISION

          1. Plans approved under the Higher Education Act 2004

             1. 27. Paragraph 28 applies to the extent that a 2004 Act...

             2. 28. The plan is to be treated during the transitional period...

             3. 29. (1) For this purpose— (a) the plan is to be...

             4. 30. (1) Regulations may make provision about the application of a...

          2. Members of Quality Assessment Committee

             1. 31. (1) This paragraph applies to a person who, immediately before...