The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the 2015 Regulations”) prescribe the qualifying courses and qualifying persons for the purposes of the Higher Education (Wales) Act 2015 (“the 2015 Act”), section 5 of which sets out that fee and access plans must specify (or provide for the determination of) fee limits in relation to qualifying courses each academic year.

Regulation 3 of these Regulations amends the interpretation provisions of the 2015 Regulations by inserting two new definitions.

Regulation 4 of these Regulations substitutes new regulations 3, 3A and 3B for regulation 3 of the 2015 Regulations.

New regulation 3 prescribes the description of a qualifying course in relation to a 2004 Act plan (a plan approved in relation to Wales under section 34 of the Higher Education Act 2004 before 1 August 2015) for the purposes of the transitional period under the 2015 Act.

New regulation 3A prescribes the description of a qualifying course in relation to a fee and access plan under the 2015 Act which is not a 2004 Act plan.

New regulation 3B provides, for the purposes of new regulations 3 and 3A, for when a course is not a qualifying course.

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.