Tertiary Education and Research (Wales) Act 2022

The register and registration procedure E+W

25 The register E+W

(1) The Commission must establish and maintain a register of tertiary education providers in Wales (referred to in this Act as “the register”).

(2) The Welsh Ministers must, by regulations, specify one or more categories of registration for which the Commission must make provision in the register.

(3) A category of registration specified in the regulations must relate to the provision of one or more kinds of tertiary education.

(4) The Commission must register a tertiary education provider in a category of the register if—

(a) its governing body applies for it to be registered in the category,

(b) it is a tertiary education provider in Wales,

(c) it provides, or has provided on its behalf, the kind of tertiary education that relates to the category,

(d) it satisfies the initial registration conditions applicable to it in respect of the registration sought (see section 27),

(e) registration is not prohibited by provision made in regulations under subsection (5), and

(f) the application complies with any requirements imposed under subsection (7).

(5) The Welsh Ministers may, by regulations, prohibit the registration of a tertiary education provider in one category of the register at the same time that it is registered in one or more of the other categories.

(6) The Commission must not register a tertiary education provider in the register otherwise than—

(a) in a category of registration specified in regulations under subsection (2);

(b) in accordance with subsection (4), section 44 (change in registration category without application) and any regulations made under subsection (5).

(7) The Commission may determine—

(a) the form of an application for registration,

(b) the information to be contained in it or provided with it, and

(c) the way in which an application is to be submitted.

(8) The Welsh Ministers may, by regulations, make provision about the information which must be contained in a tertiary education provider’s entry in the register.

(9) Once registered, a tertiary education provider’s ongoing registration in a category of the register is subject to the provider satisfying—

(a) the general ongoing registration conditions applicable to the provider’s registration in the category and as they may be later revised (see section 28), and

(b) the specific ongoing registration conditions (if any) imposed on it in that category of registration and as they may be later varied (see section 29).

(10) References in this Part to the ongoing registration conditions of a tertiary education provider are to the conditions mentioned in subsection (9)(a) and (b).

(11) The Commission must make the information contained in the register, and the information previously contained in it, publicly available by such means as it considers appropriate.

Commencement Information

I1 S. 25 not in force at Royal Assent, see s. 148(2)

I2 S. 25 in force at 4.9.2023 for specified purposes by S.I. 2023/919, art. 3(l)

I3 S. 25(1)(4)(6)(a)(b) in force at 4.9.2023 for specified purposes by S.I. 2023/919, art. 3(m)

I4 S. 25(4)(d) in force at 4.9.2023 for specified purposes by S.I. 2023/919, art. 3(n)

I5 S. 25(7) in force at 4.9.2023 by S.I. 2023/919, art. 2(j)

I6 S. 25(9)(a) in force at 4.9.2023 by S.I. 2023/919, art. 3(o)

I7 S. 25(10) in force at 4.9.2023 for specified purposes by S.I. 2023/919, art. 3(o)

Prospective

26 Registration procedure E+W

(1) Before refusing an application to register a tertiary education provider in a category of the register, the Commission must notify the governing body of the provider that it proposes to do so.

(2) The notice must specify—

(a) the Commission’s reasons for proposing to refuse to register the tertiary education provider in the category,

(b) the period during which the governing body of the provider may make representations about the proposal (“the specified period”), and

(c) the way in which those representations may be made.

(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(4) The Commission must have regard to any representations made by the governing body of the tertiary education provider in accordance with the notice in deciding whether to register it in the category.

(5) Having decided whether or not to register the tertiary education provider in the category, the Commission must notify the governing body of the provider of its decision.

(6) Where the decision is to register the tertiary education provider in the category, the notice must specify—

(a) the date of entry in the register in the category, and

(b) the ongoing registration conditions applicable to the provider’s registration in the category at that time.

(7) Where the decision is to refuse to register the provider in the category, the notice must specify—

(a) the grounds for the refusal,

(b) information as to the right of review, and

(c) the period specified in regulations under section 79(4)(c) within which an application for a review may be made.

Commencement Information

I8 S. 26 not in force at Royal Assent, see s. 148(2)