Tertiary Education and Research (Wales) Act 2022

Funding the Commission E+W

85 Power of the Welsh Ministers to fund the Commission E+W

(1) The Welsh Ministers may provide such funding to the Commission as they consider appropriate for the exercise of the Commission’s functions.

(2) The Welsh Ministers may make funding under subsection (1) subject to terms and conditions which may (among other things)—

(a) enable the Welsh Ministers to require the repayment, in whole or in part, of sums paid by them if any of the terms and conditions subject to which the sums were paid is not complied with;

(b) require the payment of interest in respect of any period during which a sum due to the Welsh Ministers in accordance with any of the terms and conditions remains unpaid;

(c) enable the Welsh Ministers to require the Commission to enter into an outcome agreement with a person to whom the Commission proposes to provide financial resources.

(3) In subsection (2)(c), “an outcome agreement” means an agreement between—

(a) the Commission, and

(b) the person to whom the Commission proposes to provide financial resources,

that sets out the activities to be carried out by that person for the purposes of contributing to the implementation of the Commission’s strategic plan approved under section 15.

(4) An outcome agreement may be required under subsection (2)(c)—

(a) in all cases where the Commission proposes to provide financial resources;

(b) in all cases where the Commission proposes to provide financial resources subject to specified exceptions;

(c) in those cases where the Commission proposes to provide financial resources to specified persons or to persons of a specified description;

(d) in those cases where the Commission proposes to provide financial resources for specified purposes or for purposes of a specified description;

(e) in those cases where the Commission proposes to provide financial resources above or below a specified amount.

(5) In subsection (4), “specified” means specified in the terms and conditions.

Commencement Information

I1 S. 85 not in force at Royal Assent, see s. 148(2)

I2 S. 85(1)(2)(a)(b) in force at 4.9.2023 by S.I. 2023/919, art. 2(n)

I3 S. 85(2)(c)(3)-(5) in force at 1.4.2024 by S.I. 2023/919, art. 4(c)

Prospective

86 Funding the Commission: limitations on terms and conditions E+W

(1) Terms and conditions under section 85 relating to the provision of financial resources by the Commission to a person under section 88 or 89 (higher education), section 97 (further education or training) or section 105 (research and innovation) must not relate to activities carried on by a particular person unless they impose requirements that must be complied with—

(a) in respect of every person, or every person of a specified class or description, and

(b) before financial resources of a specified amount or specified description are provided by the Commission in respect of activities carried on by a person.

(2) In subsection (1), “specified” means specified in the terms and conditions.

(3) Terms and conditions under section 85 relating to the provision of financial resources by the Commission must not be framed by reference to—

(a) the criteria for the selection, appointment or dismissal of academic staff, and how they are applied, or

(b) the criteria for the admission of students, or how they are applied.

(4) Terms and conditions under section 85 relating to the provision of financial resources by the Commission under section 105 (research and innovation) may be framed by reference to an area of research or innovation but only if that area is specified in the Commission’s strategic plan approved under section 15.

(5) Terms and conditions under section 85 relating to the provision of financial resources by the Commission under section 88 or 89 (higher education) may be framed by reference to a particular course of study, but must not require the Commission to exercise a function in a way which prohibits or requires the provision of a particular course of study.

(6) Terms and conditions under section 85 relating to the provision of financial resources by the Commission under section 88 or 89 (higher education) or section 105 (research and innovation) must not be framed by reference to—

(a) particular parts of courses of study;

(b) particular programmes of research or innovation projects;

(c) the content of courses of study, programmes of research or innovation projects;

(d) the manner in which such courses, programmes or projects are taught, supervised or assessed.

(7) Subsections (5) and (6) do not prevent terms and conditions being framed by reference to courses of study or parts of courses of study being provided and assessed through the medium of Welsh.

Commencement Information

I4 S. 86 not in force at Royal Assent, see s. 148(2)