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This Statutory Instrument, in part, corrects errors in S.I. 2022/1335 and S.I. 2023/74 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
Education
Made
9th May 2023
Laid before Parliament
11th May 2023
Laid before Senedd Cymru
11th May 2023
Coming into force
1st June 2023
The Secretary of State for Education makes these Regulations in exercise of the powers in sections 22 and 42(6) of the Teaching and Higher Education Act 1998(1) and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 2017(2).
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 22(1) and (2)(g), (3)(a) and (b), (4)(a) and 42(6) of the Teaching and Higher Education Act 1998(3), now exercisable by them.
1998 c. 30; section 22 is prospectively amended by section 86(3)(b) of the Higher Education and Research Act 2017 (c. 29) from a date to be appointed. See section 43(1) for the definitions of “prescribed” and “regulations”.Section 22 was amended by section 146(2)(a) of, and Schedule 11 to, the Learning and Skills Act 2000 (c. 21), paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147 of the Finance Act 2003 (c. 14), sections 42 and 43 of, and Schedule 7 to, the Higher Education Act 2004 (c. 8) (“the 2004 Act”), section 257 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 76 of the Education Act 2011 (c. 21) and section 88 of the Higher Education and Research Act 2017 (c. 29) and by S.I. 2013/1881. There are amendments to section 42 but none is relevant to these Regulations. The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 in relation to Wales were transferred to the National Assembly for Wales (except so far as they related to the making of any provision authorised by subsection (2)(a), (c), (j), (k), (3)(e) or (f) or (5) of that section) by section 44(1) of the 2004 Act.
2017 c. 29. See the definition of “prescribed” in section 10(9).
Functions of the Secretary of State under section 22 were transferred to the National Assembly for Wales as described in footnote (a). The functions of the Secretary of State under section 42(6) as regards Wales were transferred to the National Assembly for Wales by S.I. 1999/672. The above functions of the National Assembly for Wales were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The National Assembly for Wales was renamed Senedd Cymru or the Welsh Parliament by section 2 of the Senedd and Elections (Wales) Act 2020 (anaw 1).
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