Tertiary Education and Research (Wales) Act 2022

80 Duty to monitor and report on financial sustainability

(1) The Commission must monitor the financial sustainability of—

(a) registered providers;

(b) tertiary education providers in Wales that—

(i) are institutions within the further education sector,

(ii) are funded by the Commission under section 97, and

(iii) are not registered providers;

(c) other tertiary education providers of a kind specified in regulations made by the Welsh Ministers.

(2) The Welsh Ministers may, by regulations, provide for exceptions to subsection (1)(a) and (b).

(3) The Commission must include in its annual report information about the financial position of the persons monitored under subsection (1) for the financial year to which the annual report relates.

(4) At the same time the Commission sends its annual report to the Welsh Ministers, the Commission must send a separate report to the Welsh Ministers containing a summary of the financial outlook for the persons monitored under subsection (1) for the financial years following the financial year to which the annual report relates.

(5) “A summary of the financial outlook” is a summary of conclusions drawn by the Commission, from its monitoring under subsection (1), regarding relevant patterns, trends or other matters which it has identified.

(6) Patterns, trends or other matters are “relevant” if—

(a) they relate to the financial sustainability of some or all of the persons monitored under subsection (1), and

(b) the Commission considers that they are appropriate to be brought to the attention of the Welsh Ministers.

(7) In this section—

• “annual report” (“adroddiad blynyddol”) means the annual report under paragraph 16 of Schedule 1;

• “financial year” (“blwyddyn ariannol”) has the same meaning as in that Schedule (see paragraph 17).