The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026

Welsh Statutory Instruments

2026 No. 72

EDUCATION, WALES

The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026

Made

4 March 2026

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers, in exercise of the powers conferred on them by section 146 of the Tertiary Education and Research (Wales) Act 2022(1), make the following Regulations.

In accordance with the Senedd approval procedure applied by section 143(3) and (4)(e)(ii) of the Tertiary Education and Research (Wales) Act 2022 a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Title and coming into force

1.—(1) The title of these Regulations is the Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026.

(2) This regulation and regulations 2 and 4 to 10 come into force on 1 April 2026.

(3) Regulation 3 comes into force on 31 July 2026.

School Standards and Framework Act 1998

2.  In the School Standards and Framework Act 1998(2), in section 82 (modification of trust deeds), in subsection (1), for “or the School Standards and Organisation (Wales) Act 2013” substitute “, the School Standards and Organisation (Wales) Act 2013 or the Tertiary Education and Research (Wales) Act 2022”.

Care Standards Act 2000

3.—(1) In the Care Standards Act 2000(3), in Schedule 2B (persons whose arrangements are subject to review by the Commissioner under section 73), for paragraph 8 substitute—

“8.   Any tertiary education provider (other than one within paragraph 6, 7, 9 or 10) that is registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022.”

(2) The modification set out in paragraph (3) applies until the coming into force in full of paragraph 6(3)(c) of Schedule 4 to the Tertiary Education and Research (Wales) Act 2022.

(3) Schedule 2B to the Care Standards Act 2000 has effect as if after paragraph 8 there were inserted—

“8A.   Any university receiving financial support under section 65 of the Further and Higher Education Act 1992(4) (other than one within paragraph 7 or 8).”

Saint David’s Catholic College Incorporation Order 2005

4.  In the Saint David’s Catholic College Incorporation Order 2005(5), in article 10 (dissolution), in paragraph (2)(a)—

(a) before paragraph (i) insert—

“(ai) the Commission for Tertiary Education and Research or the Welsh Ministers under section 97 or 103 of the Tertiary Education and Research (Wales) Act 2022 in the period beginning with 1 April 2026;”;

(b) for paragraph (i) substitute—

“(i) the Welsh Ministers under section 34 of the Learning and Skills Act 2000(6) in the period beginning with 1 April 2006 and ending with 31 March 2026;”.

The Education (Fees and Awards) (Wales) Regulations 2007

5.—(1) The Education (Fees and Awards) (Wales) Regulations 2007(7) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), at the appropriate place in alphabetical order insert—

““the Commission” (“y Comisiwn”) means the Commission for Tertiary Education and Research established by section 1 of the Tertiary Education and Research (Wales) Act 2022;”.

(3) In regulation 8 (payments by the Welsh Ministers)—

(a) in paragraph (1)—

(i) after “lawful for” insert “the Commission or”;

(ii) for “section 34 of the Learning and Skills Act 2000” substitute “section 97 of the Tertiary Education and Research (Wales) Act 2022”;

(b) in paragraph (2)—

(i) after “institution to which” insert “the Commission or”;

(ii) for “section 34 of the Learning and Skills Act 2000” substitute “section 97 of the Tertiary Education and Research (Wales) Act 2022”.

Learner Travel (Wales) Measure 2008

6.  In the Learner Travel (Wales) Measure 2008(8), in section 1 (main terms used in this Measure), in subsection (4)(g), after “section 97” insert “or 103”.

School Standards and Organisation (Wales) Act 2013

7.—(1) The School Standards and Organisation (Wales) Act 2013(9) is amended as follows.

(2) In Schedule 2 (regulated alterations)—

(a) in paragraph 10 (alterations to premises), in sub-paragraph (3)(c)(i), for “, 68 or 72” substitute “or 68”;

(b) in paragraph 19 (increase in pupils: special schools), in sub-paragraph (2)(c)(i), for “, 68 or 72” substitute “or 68”.

(3) In Schedule 5 (minor and consequential amendments), in paragraph 19(7)(b), omit “section 75(2)(b) of,”.

Further and Higher Education (Governance and Information) (Wales) Act 2014

8.  In the Further and Higher Education (Governance and Information) (Wales) Act 2014(10), in section 6 (abolition of duties of further education institutions to comply with directions), omit subsection (1).

The Education Workforce Council (Main Functions) (Wales) Regulations 2015

9.  In the Education Workforce Council (Main Functions) (Wales) Regulations 2015(11), in Schedule 3 (requirements to be satisfied by persons who are not qualified teachers in order to carry out specified work), in paragraph 6 (qualified further education teachers teaching vocational courses within the local curriculum), in sub-paragraph (2), for “the Welsh Ministers” substitute “the Commission for Tertiary Education and Research”.

The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016

10.  In the Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016(12), in article 2 (interpretation), in the definition of “work based learning body”, for “section 34(1) of the Learning and Skills Act 2000” substitute “section 97 or 103 of the Tertiary Education and Research (Wales) Act 2022”.

Vikki Howells

Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers

4 March 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 146 of the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”) which enables the Welsh Ministers to make provision for the purposes of, in consequence of, or for giving full effect to any provision of the 2022 Act.

The 2022 Act establishes the Commission for Tertiary Education and Research (“the Commission”), abolishes the Higher Education Funding Council for Wales, and makes provision in relation to the regulation and funding of tertiary education and research in Wales.

Regulation 2 makes an amendment which is consequential upon the conferral of functions on the Commission by Part 3 of the 2022 Act.

Regulation 3 makes an amendment which is consequential upon amendments to section 91(5) of the Further and Higher Education Act 1992 and provides for a related temporary modification.

Regulations 4 and 5 make amendments which are consequential upon the conferral of functions on the Commission by Part 3 of the 2022 Act and the repeal of provisions in Part 2 of the Learning and Skills Act 2000 (“the 2000 Act”).

Regulation 6 makes an amendment which is consequential upon the conferral of functions on the Commission by Part 3 of the 2022 Act.

Regulation 7 makes amendments which are consequential upon the repeal of provisions in the School Standards and Organisation (Wales) Act 2013 and the School Standards and Framework Act 1998.

Regulation 8 makes an amendment which is consequential upon the repeal of provisions in Part 2 of the 2000 Act and regulation 9 makes an amendment which is consequential upon amendments to Part 2 of the 2000 Act.

Regulation 10 makes an amendment which is consequential upon the conferral of functions on the Commission by Part 3 of the 2022 Act and the repeal of provisions in Part 2 of the 2000 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2022 asc 1.

(2)

1998 c. 31. Section 82(1) was amended by the Education Act 2002 (c. 32), Schedule 21, paragraph 108; the Education and Inspections Act 2006 (c. 40), Schedule 3, paragraph 28; the Academies Act 2010 (c. 32), Schedule 2, paragraph 9; and the School Standards and Organisation (Wales) Act 2013 (anaw 1), Schedule 5, paragraph 19(1) and (8).

(3)

2000 c. 14. Schedule 2B was inserted by the Children’s Commissioner for Wales Act 2001 (c. 18), Part 2 of the Schedule.

(4)

1992 c. 13. Section 65 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 27; the Special Educational Needs and Disability Act 2001 (c. 10), sections 34(1) and 42(6) and Schedule 9; S.I. 2010/1158, Schedule 2, paragraph 5(2); and the Higher Education and Research Act 2017 (c. 29), Schedule 11, paragraphs 12 and 15. Section 65 is subject to transitory modifications by virtue of S.I. 2024/806 (W. 130) (C. 51) and is due to be repealed by the Tertiary Education and Research (Wales) Act 2022, Schedule 4, paragraph 6(3)(c).

(5)

S.I. 2005/2293 (W. 171), amended by S.I. 2005/3238 (W. 243). An electronic copy is available at https://www.gov.wales/search-publications-archive.

(6)

2000 c. 21. Section 34 was amended by the Learning and Skills (Wales) Measure 2009 (nawm 1), paragraphs 1 to 3 and 6 of the Schedule. Section 34 has been repealed by the Tertiary Education and Research (Wales) Act 2022, Schedule 4, paragraph 14(18).

(7)

S.I. 2007/2310 (W. 181), amended by S.I. 2011/1043, 2013/1792 (W. 179), 2020/1302 (W. 287), 2021/481 (W. 148), 2021/1365 (W. 360), 2022/764 (W. 166), 2023/87 (W. 17), 2023/633 (W. 97) and 2023/1349 (W. 243). There are other amending instruments, but none is relevant to these Regulations.

(8)

2008 nawm 2. Section 1(4)(g) was amended by the Tertiary Education and Research (Wales) Act 2022, Schedule 4, paragraph 23(2).

(9)

2013 anaw 1. Paragraphs 10(3)(c)(i) and 19(2)(c)(i) of Schedule 2 were amended by the Tertiary Education and Research (Wales) Act 2022, Schedule 4, paragraph 29(12).

(10)

2014 anaw 1. There are amendments to section 6, but none are relevant.

(11)

S.I. 2015/140 (W. 8), to which there are amendments not relevant to these Regulations.

(12)

S.I. 2016/1183 (W. 288), to which there are amendments not relevant to these Regulations.