The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025

PART 2 PROVISIONS COMING INTO FORCE ON 5 APRIL 2025

Provisions coming into force on 5 April 2025

2.  The following provisions of the Act come into force on 5 April 2025—

(a) section 25(2), (3), (5), (6) and (8) to (11) (the register) in so far as not already in force;

(b) section 27 (initial registration conditions) in so far as not already in force;

(c) section 28 (general ongoing registration conditions) in so far as not already in force;

(d) section 29 (specific ongoing registration conditions);

(e) section 30 (proportionate conditions etc.) in so far as not already in force;

(f) section 31 (mandatory ongoing registration conditions for each registered provider) in so far as not already in force;

(g) section 32 (mandatory ongoing registration condition on fee limits) in so far as not already in force;

(h) section 35 (Commission duty to give guidance about ongoing registration conditions) in so far as not already in force;

(i) section 36 (Commission duty to monitor compliance with ongoing registration conditions) in so far as not already in force;

(j) section 37 (advice and assistance in respect of compliance with ongoing registration conditions);

(k) section 38 (reviews relevant to compliance with ongoing registration conditions);

(l) section 39 (directions in respect of failure to comply with ongoing registration conditions);

(m) section 40 (supplementary provision about directions under section 39);

(n) section 41 (de-registration) in so far as not already in force;

(o) section 42 (de-registration: procedure);

(p) section 43 (voluntary de-registration and de-registration with consent) in so far as not already in force;

(q) section 44 (change of registration category without application);

(r) section 45 (registration decision reviews);

(s) section 47 (approval of fee limit statement) in so far as not already in force;

(t) section 48 (publication of approved fee limit statement);

(u) section 56 (exercise of higher education assessment functions by a designated body);

(v) section 73 (duty to co-operate);

(w) section 74 (powers of entry and inspection);

(x) section 75 (application of sections 76 to 78);

(y) section 76 (proposed notices and directions: requirement to give warning notice);

(z) section 77 (information to be given with notices and directions and effect pending review);

(aa) section 78 (review of notices and directions);

(bb) section 79 (decision reviewer);

(cc) section 81(1), (2), (3)(b) and (4) (Commission’s statement on intervention functions);

(dd) section 82 (effect and enforcement of directions);

(ee) section 83 (designation of other providers of tertiary education) in so far as not already in force;

(ff) section 84 (interpretation of Part 2) in so far as not already in force;

(gg) section 87(1), (3) and (4) (policy on funding powers) in so far as not already in force;

(hh) section 101(3) (school sixth-forms) in so far as not already in force;

(ii) section 126 (learner protection plans);

(jj) section 129 (learner engagement code);

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

(i) paragraph 16(1)(g);

(ii) paragraph 16(1)(h);

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

(i) paragraph 8(8);

(ii) paragraph 11;

(iii) paragraph 29(1) to (4), (6) to (8) and (10) to (13).

Provisions coming into force on 5 April 2025 to the extent specified

3.  The following provisions of the Act come into force on 5 April 2025 to the extent specified in relation to each such provision—

(a) section 33 (mandatory ongoing registration conditions on equal opportunity), for the purposes of enabling the Commission to—

(i) consult under section 28(7) of the Act in relation to any general ongoing registration conditions on equal opportunity;

(ii) prepare for ongoing registration conditions on equal opportunity that may be imposed as specific ongoing registration conditions under section 29 of the Act;

(b) section 87(5) in so far as not already in force, except in relation to sections 88 (financial support to specified providers for higher education), 89 (financial support for higher education courses specified in regulations) and 105 (financial support for research and innovation) of the Act;

(c) paragraph 6 (oversight by the Commission) of Schedule 3 (assessing higher education: designated body), for the purposes of enabling the Commission to prepare arrangements under that paragraph.

Provisions coming into force on 5 April 2025 subject to transitory provisions

4.—(1) Section 81(3)(a) of the Act comes into force on 5 April 2025 subject to the modification set out in paragraph (2), which applies during the period beginning with 5 April 2025 and ending with 31 July 2026.

(2) Section 81(3)(a) has effect as if the reference to registered provider were to regulated institution.

5.—(1) Part 1 (designation) of Schedule 3 to the Act comes into force on 5 April 2025 subject to the modifications set out in paragraphs (2) to (4), which apply during the period beginning with 5 April 2025 and ending with 31 July 2026.

(2) Paragraph 1(3)(b)(i) of Schedule 3 has effect as if the reference to registered provider providing higher education were to regulated institution.

(3) Paragraph 2(2)(b) and (c) of Schedule 3 has effect as if both references to registered providers providing higher education were to regulated institutions.

(4) Paragraph 3(4)(b)(i) of Schedule 3 has effect as if the reference to registered provider providing higher education were to regulated institution.

Provisions coming into force on 5 April 2025 subject to transitional provisions

6.—(1) Paragraph 29(5) of Schedule 4 to the Act comes into force on 5 April 2025 subject to the transitional provision set out in paragraph (2).

(2) Section 50(1) (approval by Welsh Ministers) of the 2013 Act continues to apply on and after 5 April 2025 as it had effect immediately before that date in relation to proposals published under section 48 (publication and consultation) of that Act before 5 April 2025.

7.—(1) Paragraph 29(9) of Schedule 4 to the Act comes into force on 5 April 2025 subject to the transitional provision set out in paragraph (2).

(2) Section 80(3) (notice by governing body to discontinue foundation or voluntary school) of the 2013 Act continues to apply on and after 5 April 2025 as it had effect immediately before that date in relation to consultations commenced under section 80(3) of that Act before 5 April 2025.

Provisions coming into force on 5 April 2025 to the extent specified and subject to transitory provisions

8.—(1) Sections 51 (duty to monitor, and promote improvement in, the quality of regulated tertiary education) to 53 (reviews relevant to quality of tertiary education) of the Act come into force on 5 April 2025 for the purposes of enabling the Commission to publish a statement setting out how it proposes to exercise its intervention functions, pursuant to section 81(1) of the Act, subject to the modifications in paragraphs (5) and (6).

(2) Section 54 (assessment of quality of higher education) of the Act comes into force on 5 April 2025 for the purposes of enabling the Commission to designate a body under Schedule 3 to the Act, subject to the modification in paragraph (7).

(3) The modification to the Act, set out in paragraph (5)(a), applies during the period beginning with 5 April 2025 and ending immediately before the coming into force of paragraph 6(3)(c) of Schedule 4 to the Act.

(4) The modifications to the Act set out in paragraphs (5)(b), (6) and (7) apply during the period beginning with 5 April 2025 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

(5) Section 51(b) of the Act has effect as if the reference to tertiary education funded or otherwise secured by the Commission does not include tertiary education—

(a) funded by the Commission pursuant to its powers in section 65 of the Further and Higher Education Act 1992(1);

(b) provided by, or on behalf of, a regulated institution that is not a registered provider.

(6) Sections 52(1)(b) and (c) (advice and assistance in respect of quality of tertiary education) and 53(b) and (c) of the Act have effect as if the references to tertiary education, or a particular course of tertiary education, do not include tertiary education, or a particular course of tertiary education, provided by, or on behalf of, a regulated institution that is not a registered provider.

(7) Section 54(3) of the Act has effect as if the Commission’s power to assess, or make arrangements for the assessment of, the quality of higher education provided in Wales by any tertiary education provider does not include higher education provided in Wales by, or on behalf of, a regulated institution that is not a registered provider.

(8) In this article, “higher education” and “tertiary education” have the meanings given by section 144(1) of the Act.

(1)

1992 c. 13.