The Higher Education (Fee and Access Plans) (Notices, Procedure and Publication) (Wales) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in respect of notices under sections 37, 38 and 39 of the Higher Education (Wales) Act 2015 (“the 2015 Act”) and how and when the Higher Education Funding Council for Wales (“HEFCW”) are to comply with their duties under section 40(1) of the 2015 Act.

Regulation 2 provides that the maximum period that may be specified in notice under section 37 of the 2015 Act (notice of refusal to approve a new fee and access plan) is one year.

Regulations 3 and 4 provide for the procedure to be followed by HEFCW in connection with the withdrawal of notice under section 37 of the 2015 Act. Where HEFCW withdraw such a notice, they must immediately give a copy of the notice of withdrawal to the Welsh Ministers.

Regulations 5 and 6 provide for the procedure to be followed in connection with giving notice under section 38 of the 2015 Act (HEFCW’s duty to withdraw approval). The effect of regulation 5(a) is that sections 42 to 44 of the 2015 Act, which concern the warning and review procedure for certain notices and directions under that Act, apply in connection with HEFCW giving notice under section 38. The effect of regulations 5(b) and 6 is that regulations 2 to 10 of the Higher Education (Fee and Access Plans) (Notices and Directions) (Wales) Regulations 2015 also apply, with modifications, to the giving of such notices.

Regulations 7 to 10 make provision about how and when HEFCW are to comply with their duties under section 40(1) of the 2015 Act. That section requires HEFCW, when they give a notice under section 37, 38 or 39 of the 2015 Act, to give a copy of the notice to the Welsh Ministers and to publish the notice. Where HEFCW give notice under any of those sections, regulation 7 requires them to immediately give a copy of the notice to the Welsh Ministers and publish a copy of the notice on their website within seven days of the day on which the notice is given.

Regulation 8 provides for when such a notice is to be treated as given by HEFCW for the purposes of regulation 7 and regulations 9 and 10 set out the length of time that such notices should be published on HEFCW’s website.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Cathays Park, Cardiff, CF10 3NQ.