| Guvnor

Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.033 Mandatory ongoing registration conditions on equal opportunity Regulated

Other duties (1) — Crown / regulator

Commission must include equal-opportunity conditions in all registrationsStatutory regulator

148 other provisions — procedural and definitional

s.001 Establishment of the Commission for Tertiary Education and Research

s.002 Promoting life-long learning

s.003 Promoting equality of opportunity

s.004 Encouraging participation in tertiary education

s.005 Promoting continuous improvement in tertiary education

s.006 Promotion of research and innovation

s.007 Promoting collaboration and coherence in tertiary education and research

s.008 Contributing to a sustainable and innovative economy

s.009 Promoting tertiary education through the medium of Welsh

s.010 Promoting a civic mission

s.011 Promoting a global outlook

s.012 Promoting collaboration between providers of tertiary education and trade unions

s.013 Statement of strategic priorities

s.014 Strategic plan for the Commission

s.015 Approval, publication and implementation of strategic plan

s.016 Review of strategic plan

s.017 Academic freedom of higher education providers and staff

s.018 Institutional autonomy of tertiary education providers

s.019 Compatibility with charity law and governing documents of tertiary education providers

s.020 Guidance

s.021 The Welsh Ministers’ power to give general directions

s.022 Additional functions of the Commission

s.023 Dissolution of the Higher Education Funding Council for Wales

s.024 Transfer schemes

s.025 The register

s.026 Registration procedure

s.027 Initial registration conditions

s.028 General ongoing registration conditions

s.029 Specific ongoing registration conditions

s.030 Proportionate conditions etc.

s.031 Mandatory ongoing registration conditions for each registered provider

s.032 Mandatory ongoing registration condition on fee limits

s.034 Power to provide for further mandatory ongoing registration conditions

s.035 Commission duty to give guidance about ongoing registration conditions

s.036 Commission duty to monitor compliance with ongoing registration conditions

s.037 Advice and assistance in respect of compliance with ongoing registration conditions

s.038 Reviews relevant to compliance with ongoing registration conditions

s.039 Directions in respect of failure to comply with ongoing registration conditions

s.040 Supplementary provision about directions under section 39

s.041 De-registration

s.042 De-registration: procedure

s.043 Voluntary de-registration and de-registration with consent

s.044 Change of registration category without application

s.045 Registration decision reviews

s.046 Requirements of a fee limit statement

s.047 Approval of fee limit statement

s.048 Publication of approved fee limit statement

s.049 Validity of contracts

s.050 Quality assurance frameworks

s.051 Duty to monitor, and promote improvement in, the quality of regulated tertiary education

s.052 Advice and assistance in respect of quality of tertiary education

s.053 Reviews relevant to quality of tertiary education

s.054 Assessment of quality of higher education

s.055 Action plans following assessments under section 54

s.056 Exercise of higher education assessment functions by a designated body

s.057 Duty of the Chief Inspector to inspect and report

s.058 Power of the Chief Inspector to inspect and report

s.059 Duty to provide information and advice to the Commission

s.060 Duty to provide information and advice to the Welsh Ministers

s.061 Additional functions of the Chief Inspector

s.062 Action plans following inspections by the Chief Inspector

s.063 Area inspections

s.064 Right of entry and offences

s.065 Surveys and studies

s.066 Annual reports

s.067 Annual plan of the Chief Inspector

s.068 Funding of inspections and reports on further education and training etc.

s.069 Grounds for intervention

s.070 Powers to intervene

s.071 Notification by the Commission of grounds for intervention

s.072 Welsh Ministers’ statement on intervention powers

s.073 Duty to co-operate

s.074 Powers of entry and inspection

s.075 Application of sections 76 to 78

s.076 Proposed notices and directions: requirement to give warning notice

s.077 Information to be given with notices and directions and effect pending review

s.078 Review of notices and directions

s.079 Decision reviewer

s.080 Duty to monitor and report on financial sustainability

s.081 Commission’s statement on intervention functions

s.082 Effect and enforcement of directions

s.083 Designation of other providers of tertiary education

s.084 Interpretation of Part 2

s.085 Power of the Welsh Ministers to fund the Commission

s.086 Funding the Commission: limitations on terms and conditions

s.087 Policy on funding powers

s.088 Financial support to specified providers for higher education

s.089 Financial support for higher education courses specified in regulations

s.090 Financial support under sections 88 and 89: terms and conditions

s.091 Financial support under sections 88 and 89: supplementary

s.092 Financial support by Welsh Ministers for certain higher education courses

s.093 Education and training for persons aged 16 to 19

s.094 Education and training for eligible persons over 19

s.095 Education and training for persons over 19

s.096 Requirements on Commission when securing further education and training

s.097 Financial support for further education or training

s.098 Financial support for further education or training: further provision

s.099 Financial resources for further education or training: terms and conditions

s.100 Means tests

s.101 School sixth-forms

s.102 Persons with additional learning needs

s.103 Financial support for other activities connected to tertiary education

s.104 Financial support for apprenticeships

s.105 Financial support for research and innovation

s.106 Financial support for research and innovation: terms and conditions

s.107 The Commission’s other functions in relation to research and innovation

s.108 Financial support under sections 89, 97 and 104: further provision about terms and conditions

s.109 Consent for payments to collaborating bodies‍

s.110 Financial support directions

s.111 Meaning of “approved Welsh apprenticeship”

s.112 Meaning of “approved Welsh apprenticeship agreement”

s.113 Meaning of “alternative Welsh apprenticeship”

s.114 Meaning of “apprenticeship framework”

s.115 Specification of requirements in relation to approved Welsh apprenticeship

s.116 Consultation by Welsh Ministers about specifications

s.117 Preparation and publication of apprenticeship frameworks

s.118 Register of apprenticeship frameworks

s.119 Power to issue apprenticeship certificates

s.120 Delegation of Commission functions

s.121 Ineffective provisions of approved Welsh apprenticeship agreements

s.122 Status of approved Welsh apprenticeship agreements

s.123 Transfer of copyright in apprenticeship frameworks

s.124 Crown servants

s.125 Interpretation of Part 4

s.126 Learner protection plans

s.127 Complaints procedures

s.128 Qualifying institutions for student complaints scheme

s.129 Learner Engagement Code

s.130 Information and advice from the Commission and information from the Welsh Ministers

s.131 Persons required to provide information to the Commission

s.132 Powers to share information

s.133 Power to require application-to-acceptance information

s.134 Use of application-to-acceptance information for research purposes

s.135 Other information, advice and guidance

s.136 Research by the Commission or the Welsh Ministers

s.137 Instruments of government of higher education corporations in Wales

s.138 Articles of government of higher education corporations in Wales

s.139 Dissolution of higher education corporations in Wales

s.140 Duty to consult the Commission on careers services

s.141 Data Protection

s.142 Publication

s.143 Regulations

s.144 General interpretation

s.145 Power to provide for the Open University to be treated as a tertiary education provider in Wales

s.146 Power to make consequential and transitional provision etc.

s.147 Minor and consequential amendments

s.148 Coming into force

s.149 Short title

Schedules

0 of 78 shown

78 other schedules

s.sch001 Status

s.sch001 Chief executive and other staff

s.sch001 Research and Innovation Committee, Quality Committee and other committees

s.sch001 Chair of the RIC

s.sch001 Joint committees

s.sch001 Duty to ensure good value

s.sch001 Accounts and audit

s.sch001 Annual reports

s.sch001 Meaning of “financial year” and “academic year”

s.sch001 Delegation by the Commission

s.sch001 Delegation by committees

s.sch001 Membership

s.sch001 Proceedings

s.sch001 Register of interests

s.sch001 Supplementary powers

s.sch001 The chair and ordinary members

s.sch001 Associate membership

s.sch001 Appointment of associate workforce members

s.sch001 Appointment of associate Commission staff member

s.sch001 Appointment of associate learner member

s.sch001 Terms of associate membership etc.

s.sch001 Removal of associate member from office

s.sch002 Power to make transfer schemes

s.sch002 Modification of transfer schemes

s.sch002 Duty to lay transfer schemes before Senedd Cymru

s.sch002 Interpretation

s.sch003 Designation

s.sch003 (1) The designated body may charge a fee, or fees,...

s.sch003 (1) In this Schedule— “the assessment functions” (“y swyddogaethau asesu”)...

s.sch003 Bodies suitable to exercise assessment functions

s.sch003 Removal of designation

s.sch003 Application

s.sch003 Power to provide funding

s.sch003 Oversight arrangements

s.sch003 Annual report by the designated body

s.sch003 Power of the Commission to give directions

s.sch003 Duty of the Commission to inform the Welsh Ministers about significant concerns

s.sch004 Employment and Training Act 1973 (c. 50)

s.sch004 Teaching and Higher Education Act 1998 (c. 30)

s.sch004 School Standards and Framework Act 1998 (c. 31)

s.sch004 Government of Wales Act 1998 (c.38)

s.sch004 Care Standards Act 2000 (c. 14)

s.sch004 Learning and Skills Act 2000 (c. 21)

s.sch004 Education Act 2002 (c. 32)

s.sch004 Higher Education Act 2004 (c. 8)

s.sch004 Children Act 2004 (c. 31)

s.sch004 Education Act 2005 (c. 18)

s.sch004 Commissioner for Older People (Wales) Act 2006 (c. 30)‍

s.sch004 Education (Fees and Awards) Act 1983 (c. 40)

s.sch004 Government of Wales Act 2006 (c. 32)

s.sch004 Safeguarding Vulnerable Groups Act 2006 (c. 47)

s.sch004 Education and Skills Act 2008 (c. 25)

s.sch004 Learner Travel (Wales) Measure 2008 (nawm 2)

s.sch004 Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

s.sch004 Learning and Skills (Wales) Measure 2009 (nawm 1)

s.sch004 Equality Act 2010 (c. 15)

s.sch004 Children and Families (Wales) Measure 2010 (nawm 1)

s.sch004 Welsh Language (Wales) Measure 2011 (nawm 1)

s.sch004 School Standards and Organisation (Wales) Act 2013 (anaw 1)

s.sch004 Education (No. 2) Act 1986 (c. 61)

s.sch004 Social Services and Well-being (Wales) Act 2014 (anaw 4)

s.sch004 Higher Education (Wales) Act 2015 (anaw 1)

s.sch004 Well-being of Future Generations (Wales) Act 2015 (anaw 2)

s.sch004 Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)

s.sch004 Qualifications Wales Act 2015 (anaw 5)

s.sch004 Deregulation Act 2015 (c. 20)

s.sch004 Environment (Wales) Act 2016 (anaw 3)

s.sch004 Public Health (Wales) Act 2017 (anaw 2)

s.sch004 Higher Education and Research Act 2017 (c. 29)

s.sch004 Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

s.sch004 Employment Act 1988 (c. 19)

s.sch004 The Welsh Language Standards (No. 6) Regulations 2017 (S.I. 2017/90)

s.sch004 Public Services Ombudsman (Wales) Act 2019 (anaw 3)

s.sch004 Education Reform Act 1988 (c. 40)

s.sch004 Further and Higher Education Act 1992 (c. 13)

s.sch004 Education Act 1994 (c. 30)

s.sch004 Education Act 1996 (c. 56)

s.sch004 Education Act 1997 (c. 44)

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Tertiary Education and Research (Wales) Act 2022

Does it bind you?

What it requires

Schedules