Tertiary Education and Research (Wales) Act 2022
PART 1STRATEGIC FRAMEWORK FOR TERTIARY EDUCATION AND RESEARCH
The Commission
1Establishment of the Commission for Tertiary Education and Research
The Commission’s strategic duties
2Promoting life-long learning
3Promoting equality of opportunity
4Encouraging participation in tertiary education
5Promoting continuous improvement in tertiary education
6Promotion of research and innovation
7Promoting collaboration and coherence in tertiary education and research
8Contributing to a sustainable and innovative economy
9Promoting tertiary education through the medium of Welsh
10Promoting a civic mission
11Promoting a global outlook
12Promoting collaboration between providers of tertiary education and trade unions
Strategy for tertiary education and research
13Statement of strategic priorities
14Strategic plan for the Commission
15Approval, publication and implementation of strategic plan
16Review of strategic plan
Academic freedom and institutional autonomy
17Academic freedom of higher education providers and staff
18Institutional autonomy of tertiary education providers
Compatibility with charity law
19Compatibility with charity law and governing documents of tertiary education providers
Welsh Ministers’ guidance and directions
20Guidance
21The Welsh Ministers’ power to give general directions
Additional functions
22Additional functions of the Commission
Dissolution of Higher Education Funding Council for Wales
23Dissolution of the Higher Education Funding Council for Wales
24Transfer schemes
PART 2REGISTRATION AND REGULATION OF TERTIARY EDUCATION PROVIDERS
CHAPTER 1REGISTRATION OF TERTIARY EDUCATION PROVIDERS
The register and registration procedure
25The register
26Registration procedure
Registration conditions
27Initial registration conditions
28General ongoing registration conditions
29Specific ongoing registration conditions
30Proportionate conditions etc.
31Mandatory ongoing registration conditions for each registered provider
32Mandatory ongoing registration condition on fee limits
33Mandatory ongoing registration conditions on equal opportunity
34Power to provide for further mandatory ongoing registration conditions
35Commission duty to give guidance about ongoing registration conditions
Monitoring and enforcement of registration conditions
36Commission duty to monitor compliance with ongoing registration conditions
37Advice and assistance in respect of compliance with ongoing registration conditions
38Reviews relevant to compliance with ongoing registration conditions
39Directions in respect of failure to comply with ongoing registration conditions
40Supplementary provision about directions under section 39
De-registration
41De-registration
42De-registration: procedure
43Voluntary de-registration and de-registration with consent
44Change of registration category without application
Registration decision reviews
45Registration decision reviews
Fee limit statements
46Requirements of a fee limit statement
47Approval of fee limit statement
48Publication of approved fee limit statement
49Validity of contracts
CHAPTER 2QUALITY ASSURANCE AND IMPROVING QUALITY
General quality assurance functions
50Quality assurance frameworks
51Duty to monitor, and promote improvement in, the quality of regulated tertiary education
52Advice and assistance in respect of quality of tertiary education
53Reviews relevant to quality of tertiary education
Assessment of quality in higher education
54Assessment of quality of higher education
55Action plans following assessments under section 54
56Exercise of higher education assessment functions by a designated body
Inspection of further education or training etc.
57Duty of the Chief Inspector to inspect and report
58Power of the Chief Inspector to inspect and report
59Duty to provide information and advice to the Commission
60Duty to provide information and advice to the Welsh Ministers
61Additional functions of the Chief Inspector
62Action plans following inspections by the Chief Inspector
63Area inspections
64Right of entry and offences
65Surveys and studies
66Annual reports
67Annual plan of the Chief Inspector
68Funding of inspections and reports on further education and training etc.
CHAPTER 3FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS
Intervention in the conduct of further education institutions
69Grounds for intervention
70Powers to intervene
71Notification by the Commission of grounds for intervention
72Welsh Ministers’ statement on intervention powers
Access to information and facilities
73Duty to co-operate
74Powers of entry and inspection
Warning and review procedure
75Application of sections 76 to 78
76Proposed notices and directions: requirement to give warning notice
77Information to be given with notices and directions and effect pending review
78Review of notices and directions
79Decision reviewer
Miscellaneous duties
80Duty to monitor and report on financial sustainability
81Commission’s statement on intervention functions
Directions
82Effect and enforcement of directions
CHAPTER 4GENERAL
83Designation of other providers of tertiary education
84Interpretation of Part 2
PART 3SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH
Funding the Commission
85Power of the Welsh Ministers to fund the Commission
86Funding the Commission: limitations on terms and conditions
Commission’s funding policy
87Policy on funding powers
Funding of higher education
88Financial support to specified providers for higher education
89Financial support for higher education courses specified in regulations
90Financial support under sections 88 and 89: terms and conditions
91Financial support under sections 88 and 89: supplementary
92Financial support by Welsh Ministers for certain higher education courses
Further education and training
93Education and training for persons aged 16 to 19
94Education and training for eligible persons over 19
95Education and training for persons over 19
96Requirements on Commission when securing further education and training
97Financial support for further education or training
98Financial support for further education or training: further provision
99Financial resources for further education or training: terms and conditions
100Means tests
101School sixth-forms
102Persons with additional learning needs
Financial support for other activities connected to tertiary education
103Financial support for other activities connected to tertiary education
Financial support for apprenticeships
104Financial support for apprenticeships
Research and innovation
105Financial support for research and innovation
106Financial support for research and innovation: terms and conditions
107The Commission’s other functions in relation to research and innovation
Terms and conditions: quality, governance etc., welfare and equal opportunities
108Financial support under sections 89, 97 and 104: further provision about terms and conditions
Collaborating bodies: consent
109Consent for payments to collaborating bodies‍
Financial support directions
110Financial support directions
PART 4APPRENTICESHIPS
Introductory
111Meaning of “approved Welsh apprenticeship”
112Meaning of “approved Welsh apprenticeship agreement”
113Meaning of “alternative Welsh apprenticeship”
114Meaning of “apprenticeship framework”
Functions of the Welsh Ministers
115Specification of requirements in relation to approved Welsh apprenticeship
116Consultation by Welsh Ministers about specifications
Functions of the Commission
117Preparation and publication of apprenticeship frameworks
118Register of apprenticeship frameworks
119Power to issue apprenticeship certificates
120Delegation of Commission functions
Supplementary provisions about apprenticeship agreements
121Ineffective provisions of approved Welsh apprenticeship agreements
122Status of approved Welsh apprenticeship agreements
123Transfer of copyright in apprenticeship frameworks
124Crown servants
General
125Interpretation of Part 4
PART 5LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT
126Learner protection plans
127Complaints procedures
128Qualifying institutions for student complaints scheme
129Learner Engagement Code
PART 6INFORMATION, ADVICE AND GUIDANCE
130Information and advice from the Commission and information from the Welsh Ministers
131Persons required to provide information to the Commission
132Powers to share information
133Power to require application-to-acceptance information
134Use of application-to-acceptance information for research purposes
135Other information, advice and guidance
136Research by the Commission or the Welsh Ministers
PART 7MISCELLANEOUS AND GENERAL
Higher education corporations
137Instruments of government of higher education corporations in Wales
138Articles of government of higher education corporations in Wales
139Dissolution of higher education corporations in Wales
Consultation about careers services
140Duty to consult the Commission on careers services
General
141Data Protection
142Publication
143Regulations
144General interpretation
145Power to provide for the Open University to be treated as a tertiary education provider in Wales
146Power to make consequential and transitional provision etc.
147Minor and consequential amendments
148Coming into force
149Short title
SCHEDULE 1COMMISSION FOR TERTIARY EDUCATION AND RESEARCH
1Status
2Membership
3The chair and ordinary members
4Associate membership
5Appointment of associate workforce members
6Appointment of associate Commission staff member
7Appointment of associate learner member
8Terms of associate membership etc.
9Removal of associate member from office
10Chief executive and other staff
11Research and Innovation Committee, Quality Committee and other committees
12Chair of the RIC
13Joint committees
14Duty to ensure good value
15Accounts and audit
16Annual reports
17Meaning of “financial year” and “academic year”
18Delegation by the Commission
19Delegation by committees
20Proceedings
21Register of interests
22Supplementary powers
SCHEDULE 2TRANSFERS OF PROPERTY AND STAFF TO THE COMMISSION
1Power to make transfer schemes
2Modification of transfer schemes
3Duty to lay transfer schemes before Senedd Cymru
4Interpretation
SCHEDULE 3ASSESSING HIGHER EDUCATION: DESIGNATED BODY
PART 1DESIGNATION
1Designation
2Bodies suitable to exercise assessment functions
3Removal of designation
PART 2OVERSIGHT BY THE COMMISSION
4Application
5Power to provide funding
6Oversight arrangements
7Annual report by the designated body
8Power of the Commission to give directions
9Duty of the Commission to inform the Welsh Ministers about significant concerns
PART 3POWER TO CHARGE FEES
10(1) The designated body may charge a fee, or fees,...
PART 4INTERPRETATION
11(1) In this Schedule— “the assessment functions” (“y swyddogaethau asesu”)...
SCHEDULE 4MINOR AND CONSEQUENTIAL AMENDMENTS
1Employment and Training Act 1973 (c. 50)
2Education (Fees and Awards) Act 1983 (c. 40)
3Education (No. 2) Act 1986 (c. 61)
4Employment Act 1988 (c. 19)
5Education Reform Act 1988 (c. 40)
6Further and Higher Education Act 1992 (c. 13)
7Education Act 1994 (c. 30)
8Education Act 1996 (c. 56)
9Education Act 1997 (c. 44)
10Teaching and Higher Education Act 1998 (c. 30)
11School Standards and Framework Act 1998 (c. 31)
12Government of Wales Act 1998 (c.38)
13Care Standards Act 2000 (c. 14)
14Learning and Skills Act 2000 (c. 21)
15Education Act 2002 (c. 32)
16Higher Education Act 2004 (c. 8)
17Children Act 2004 (c. 31)
18Education Act 2005 (c. 18)
19Commissioner for Older People (Wales) Act 2006 (c. 30)‍
20Government of Wales Act 2006 (c. 32)
21Safeguarding Vulnerable Groups Act 2006 (c. 47)
22Education and Skills Act 2008 (c. 25)
23Learner Travel (Wales) Measure 2008 (nawm 2)
24Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
25Learning and Skills (Wales) Measure 2009 (nawm 1)
26Equality Act 2010 (c. 15)
27Children and Families (Wales) Measure 2010 (nawm 1)
28Welsh Language (Wales) Measure 2011 (nawm 1)
29School Standards and Organisation (Wales) Act 2013 (anaw 1)
30Social Services and Well-being (Wales) Act 2014 (anaw 4)
31Higher Education (Wales) Act 2015 (anaw 1)
32Well-being of Future Generations (Wales) Act 2015 (anaw 2)
33Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)
34Qualifications Wales Act 2015 (anaw 5)
35Deregulation Act 2015 (c. 20)
36Environment (Wales) Act 2016 (anaw 3)
37Public Health (Wales) Act 2017 (anaw 2)
38Higher Education and Research Act 2017 (c. 29)
39Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
40The Welsh Language Standards (No. 6) Regulations 2017 (S.I. 2017/90)
41Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Tertiary Education and Research (Wales) Act 2022

2022 asc 1

An Act of Senedd Cymru to establish the Commission for Tertiary Education and Research and to make other provision about tertiary education (which includes higher education, further education and training) and research.

Having been passed by Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows: