The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024

PART 2 PROVISIONS COMING INTO FORCE ON 1 AUGUST 2024

Provisions coming into force on 1 August 2024

2.  The following provisions of the Act come into force on 1 August 2024—

(a) section 6(1) (promotion of research and innovation) in so far as not already in force;

(b) section 23 (dissolution of the Higher Education Funding Council for Wales);

(c) section 50(1) to (3), (4)(b) and (c), (7) and (8) (quality assurance frameworks);

(d) section 86(2), (3) and (7) (funding the Commission: limitations on terms and conditions);

(e) section 131(1), (2)(c) and (d), (4) and (5) (persons required to provide information to the Commission);

(f) section 135(1), (2), (4) and (5) (other information, advice and guidance);

(g) section 136 (research by the Commission or the Welsh Ministers);

(h) section 139(1), (2) and (4) (dissolution of higher education corporations in Wales);

(i) section 140 (duty to consult the Commission on careers services);

(j) in Schedule 1 (Commission for Tertiary Education and Research)—

(i) paragraph 4 in so far as not already in force;

(ii) paragraph 6;

(iii) paragraph 8 in so far as not already in force;

(iv) paragraph 9 in so far as not already in force;

(v) paragraph 11 in so far as not already in force;

(vi) paragraph 15 in so far as not already in force;

(k) in Schedule 4 (minor and consequential amendments)—

(i) paragraph 2;

(ii) paragraph 3(1) and (2)(b);

(iii) paragraph 5;

(iv) paragraph 6(1), (2), (3)(e) and (g), (5)(a) and (7);

(v) paragraph 7(1) to (3), (4)(a)(iii) and (iv) and (b);

(vi) paragraph 8(1), (3), (4) and (7);

(vii) paragraph 12(1), (2)(a)(ii) and (iii), (3) and (4);

(viii) paragraph 14(1), (24) and (26);

(ix) paragraph 15(1), (3) and (5);

(x) paragraph 18(1), (6), (8), (9)(a) and (c) and (10) to (13);

(xi) paragraph 19(1) and (2)(a);

(xii) paragraph 20(2)(b);

(xiii) paragraph 22(1) and (3);

(xiv) paragraph 25(1) and (3);

(xv) paragraph 27;

(xvi) paragraph 28 in so far as not already in force;

(xvii) paragraph 33(1), (2)(b) and (e);

(xviii) paragraph 34;

(xix) paragraph 36;

(xx) paragraph 37;

(xxi) paragraph 38(1);

(xxii) paragraph 40;

(xxiii) paragraph 41.

Provisions coming into force on 1 August 2024 to the extent specified

3.  The following provisions of the Act come into force on 1 August 2024 to the extent specified in relation to each such provision—

(a) section 131(3)(a) to the extent it relates to a person mentioned in subsection (2)(c) or (d);

(b) section 131(6) to the extent it relates to section 131(2)(a), (aa) (as inserted by article 16 of this Order), (b)(viii), (c) and (d);

(c) in Schedule 4 (minor and consequential amendments)—

(i) paragraph 6(3)(b) to the extent it omits section 62(1), (3), (4) and (9) of the 1992 Act;

(ii) paragraph 6(3)(f) to the extent it omits section 69(1) and (3) to (7) of the 1992 Act;

(iii) paragraph 6(6) to the extent it omits the entry for “the HEFCW” in section 92 of the 1992 Act;

(iv) paragraph 31 to the extent it omits the following provisions of the 2015 Act—

(aa) sections 25, 49, 50(5) to (7), 51 and 53,

(bb) paragraphs 2, 5 and 7 to 26 in Part 1 of the Schedule, and

(cc) Part 2 of the Schedule;

(v) paragraph 33(2)(c) to the extent it omits the word “HEFCW” and substitutes it with “the Commission”;

(vi) paragraph 33(2)(d) to the extent it omits the word “HEFCW” and substitutes it with “the Commission”;

(vii) paragraph 38(2) to the extent it omits paragraphs 7, 8, 11, 17, 18(2), (3) and (5) to (7), 20, 25 and 26(3) of Schedule 11 to the Higher Education and Research Act 2017(1).

Provisions coming into force on 1 August 2024 subject to transitory provisions

4.—(1) Section 6(2) of the Act comes into force on 1 August 2024 subject to the modification set out in paragraph (2) which applies during the period beginning with 1 August 2024 and ending immediately before the coming into force of section 105 of the Act in full.

(2) Section 6(2) of the Act has effect as if for paragraphs (a) and (b) there were substituted—

“(a) a higher education institution within the meaning given by section 65(5) of the 1992 Act that is in receipt of funding from the Commission pursuant to section 65 of that Act for the purposes of, or in connection with, the undertaking of research;

(b) a connected institution within the meaning given by section 65(3B) of the 1992 Act, to which the governing body of a higher education institution in receipt of funding from the Commission pursuant to section 65 of that Act proposes to pay, with the consent of the Commission, the whole or any part of that funding for the purposes of, or in connection with, the undertaking of research.”

5.—(1) Section 50(4)(a) of the Act comes into force on 1 August 2024 subject to the modification set out in paragraph (2) which applies during the period beginning with 1 August 2024 and ending with 31 July 2026.

(2) Section 50(4)(a) has effect as if the reference to “registered provider” were to “regulated institution”.

6.—(1) Section 86(1), (5) and (6) of the Act comes into force on 1 August 2024 subject to the modifications set out in paragraph (2).

(2) Until the coming into force of paragraph 6(3)(c) of Schedule 4 to the Act—

(a) section 86(1) has effect as if after “to a person under” there were inserted “section 65 (administration of funds by the Commission) of the 1992 Act,”;

(b) section 86(5) has effect as if after “the Commission under” there were inserted “section 65 of the 1992 Act,”;

(c) section 86(6) has effect as if after “the Commission under” there were inserted “section 65 of the 1992 Act,”.

7.—(1) Section 86(4) of the Act comes into force on 1 August 2024 subject to the modification set out in paragraph (2) which applies during the period beginning with 1 August 2024 and ending immediately before the coming into force of section 105 of the Act in full.

(2) Section 86(4) has effect as if the reference to “105 (research and innovation)” were to “65 (administration of funds by the Commission) of the 1992 Act”.

8.—(1) Section 131(2)(a) and (b)(viii) of the Act comes into force on 1 August 2024 subject to the modification set out in paragraph (2) which applies during the period beginning with 1 August 2024 and ending with 31 July 2026.

(2) Section 131(2)(a) and (b), in so far as it relates to sub-paragraph (viii), has effect as if both references to “a registered provider” were references to “a regulated institution”.

9.—(1) Section 135(3) of the Act comes into force on 1 August 2024 subject to the modification set out in paragraph (2) which applies during the period beginning with 1 August 2024 and ending with 31 July 2026.

(2) Section 135(3) has effect as if both references to “a registered provider” were references to “a regulated institution”.

10.—(1) Paragraph 32 of Schedule 4 to the Act comes into force on 1 August 2024 subject to the modification set out in paragraph (2), which applies during the period beginning with 1 August 2024 and ending with the date falling one day and one year before the date on which the next ordinary general election after May 2026 is to be held under section 3 of the Government of Wales Act 2006(2).

(2) Section 15 of the Well-being of Future Generations (Wales) Act 2015(3) has effect in relation to the Commission as if for subsection (6) there were substituted the following subsection—

“(6) The period referred to in subsections (2) and (3)—

(a) begins with 1 August 2024, and

(b) ends with the date falling one day and one year before the date on which the next ordinary general election after May 2026 is to be held under section 3 of the Government of Wales Act 2006.”

Provisions coming into force on 1 August 2024 subject to transitional provisions

11.—(1) Paragraph 12(2)(a)(i) of Schedule 4 to the Act comes into force on 1 August 2024 subject to the transitional provision set out in paragraph (2).

(2) In relation to a study being undertaken immediately before 1 August 2024 by the Auditor General for Wales under section 145B(1) of the Government of Wales Act 1998(4), where the requesting body for the study is HEFCW, that study is on and after 1 August 2024 to be treated, for the purposes of that section and section 145B(3) of the Government of Wales Act 1998, as having been requested by the Commission.

12.—(1) Paragraph 12(2)(b) of Schedule 4 to the Act comes into force on 1 August 2024 subject to the transitional provision set out in paragraph (2).

(2) Where immediately before 1 August 2024 the Auditor General for Wales is due to respond to a request for advice received from HEFCW before that date under section 145B(4) of the Government of Wales Act 1998, that request for advice is to be treated on and after 1 August 2024 as having been made by the Commission.

13.—(1) Paragraph 14(27) of Schedule 4 to the Act comes into force on 1 August 2024 subject to the transitional provision set out in paragraph (2).

(2) In relation to a disposal of land in Wales by trustees before 1 August 2024 to which section 144 of the Learning and Skills Act 2000(5) applies—

(a) section 144(4A) of that Act has effect as if for paragraph (b) there were substituted the following paragraph—

“(b) in the case of land in Wales, the Welsh Ministers.”,

and

(b) section 144(9) of that Act has effect as if for paragraph (b) there were substituted the following paragraph—

“(b) the Welsh Ministers, in respect of land in Wales.”

(1)

2017 c. 29.

(2)

2006 c. 32.

(3)

2015 anaw 2.

(4)

1998 c. 38.

(5)

2000 c. 21.