Legalize / United Kingdom / Wales / Act of Senedd Cymru

Tertiary Education and Research (Wales) Act 2022

Type Act of Senedd Cymru

Publication 2022-09-08

Last updated 2026-04-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) The person responsible for the management of the provider of the education or training which is the subject of the report must prepare a written statement of the action which the person proposes to take in the light of the report and the period within which the person proposes to take it.

(4) The person making the statement must publish it.

(5) Subsection (6) applies if—

(a) a person subject to the duties in subsections (3) and (4) is the governing body of a registered provider, and

(b) the education or training which is the subject of the report relates to the provider’s category of registration.

(6) Compliance with the duties in subsections (3) and (4) is to be treated as an ongoing registration condition that applies to the registered provider for the purposes of section 39 (directions in respect of failure to comply with ongoing registration conditions) and section 41 (de-registration).

(7) Subsection (8) applies if the education or training which is the subject of the report is funded by the Commission or the Welsh Ministers under Part 3 of this Act.

(8) Compliance with the duties in subsections (3) and (4) is to be treated as a requirement of the terms and conditions of funding under this Act.

Area inspections

63

(1) The Chief Inspector may inspect—

(a) the quality and availability of a description of education or training, in a specified area in Wales, for persons who are aged 15 or over,

(b) the standards achieved by those receiving that education or training, and

(c) whether the financial resources made available to those providing that education or training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector must carry out an inspection of the type described in subsection (1) (“an area inspection”) if requested to do so by—

(a) the Commission;

(b) the Welsh Ministers.

(3) The education or training that may be made the subject of an area inspection is any education or training described in section 57 or within the remit of the Chief Inspector as a result of any other enactment.

(4) But the power to require the Chief Inspector to carry out an area inspection may only be exercised—

(a) in the case of the Commission, in respect of a description of education or training funded or otherwise secured by the Commission;

(b) in the case of the Welsh Ministers, in respect of a description of education or training other than education or training funded or otherwise secured by the Commission.

(5) An area inspection may extend to considering—

(a) the manner in which any financial resources have been applied by a person described in subsection (6) in respect of the education or training inspected, and

(b) whether any such financial resources have been applied in a way which provides value for money.

(6) The persons mentioned in subsection (5) are—

(a) the Commission;

(b) the Welsh Ministers;

(7) The following persons must provide such information as the Chief Inspector may reasonably require in connection with the inspection—

(a) persons responsible for the management of any provider of education or training which is the subject of an area inspection;

(b) any local authority within the area which is the subject of an area inspection;

(d) the Welsh Ministers.

(8) On completing an area inspection, the Chief Inspector must publish a report.

(9) The Welsh Ministers may, by regulations—

(a) make further provision with respect to the duty to provide information imposed by this section;

(b) require reports under subsection (8) to be published before the end of a period specified in the regulations.

(10) For provision on reporting on sixth forms found to be causing concern in an area inspection, see sections 44C and 44E of the Education Act 2005 (c. 18).

(11) In subsection (1)—

“persons who are aged 15” (“personau sy’n 15 oed”)includes persons for whom education is being provided at a school who will attain that age in the current school year;

“specified” (“penodedig”)means— in the case of an area inspection requested under subsection (2), specified in the request; in the case of an area inspection carried out by the Chief Inspector other than by request, specified by the Chief Inspector.

Right of entry and offences

64

(1) When conducting an inspection under this Chapter, the Chief Inspector has, at all reasonable times—

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the provider of that education or training which are used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

(2) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice.

(3) The right to inspect conferred by subsection (1)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or documents in question.

(4) That right also includes the right to such assistance from—

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

as the Chief Inspector may reasonably require.

(5) It is an offence wilfully to obstruct the Chief Inspector in the exercise of functions in relation to an inspection under this Chapter.

(6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) The powers conferred by this section do not include the power to enter a dwelling without the agreement of the occupier.

(8) In this section, “premises” means premises in Wales or England.

Surveys and studies

65

(1) The Commission may direct the Chief Inspector to carry out—

(a) a survey of Wales, or of an area within Wales specified in the direction, in respect of matters specified in the direction relating to policy concerned with further education or training;

(b) a comparative study of the provision made outside Wales in respect of matters specified in the direction relating to further education or training.

(2) The Chief Inspector may, without being directed to, carry out a survey or study of that kind.

Annual reports

66

(1) The annual report of the Chief Inspector required by section 21(1)(a) of the Education Act 2005 (c. 18) must include an account of the exercise of functions of the Chief Inspector under this Chapter.

(2) The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training described in section 57(1).

Annual plan of the Chief Inspector

67

(1) The Chief Inspector must, for each financial year, prepare a plan setting out estimates of⁠—

(a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector are exercised effectively, and

(b) the income which the Chief Inspector will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector.

(2) The plan must contain proposals for the management of any funds which may be provided to the Chief Inspector in that financial year under—

(a) section 68 of this Act (funding by the Commission), and

(b) section 104(4) of the Government of Wales Act 1998 (c. 38) (funding by the Welsh Ministers).

(3) The plan must be submitted, for the purposes of consultation, to—

(a) the Commission, and

(b) the Welsh Ministers,

by such time before the beginning of the financial year to which it relates as they may jointly direct.

(4) The Chief Inspector may publish the plan after it has been approved by—

(a) the Commission, and

(b) the Welsh Ministers.

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

68

(1) The Commission must provide such funding to the Chief Inspector as it considers appropriate for the exercise of the Chief Inspector’s functions, so far as the functions relate to education or training that is funded or otherwise secured by the Commission.

(2) In deciding what funding it considers appropriate, the Commission must have regard in particular to what the Commission considers the Chief Inspector needs to spend in order to exercise the functions.

(3) Before the beginning of each financial year, the Commission must consult the Chief Inspector about the funding it is to provide to the Chief Inspector in that financial year.

(4) The Commission must—

(a) approve such part (or parts) of the plan prepared by the Chief Inspector under section 67 as relate to functions in respect of which the Commission is required to provide funding under this section, and

(b) determine the amount of the funding it will provide under this section in accordance with the plan in so far as it is approved by the Commission.

(5) But before it approves the plan under subsection (4) the Commission may require the Chief Inspector to modify the plan.

(6) Section 104 of the Government of Wales Act 1998 (c. 38) is amended as follows—

(a) after subsection (1) insert—

(1A) But the Welsh Ministers are not responsible for providing funding to the Chief Inspector for the discharge of the Chief Inspector’s functions under Chapter 2 of Part 2 of the Tertiary Education and Research (Wales) Act 2022 so far as they relate to education or training that is funded or otherwise secured by the Commission for Tertiary Education and Research.

;

(b) in subsection (4A), for paragraph (a) substitute—

(a) approve such part (or parts) of the plan prepared by the Chief Inspector under section 67 of the Tertiary Education and Research (Wales) Act 2022 as relate to functions in respect of which they are required to provide funding under this section, and

CHAPTER 3 — FURTHER ENFORCEMENT AND PROCEDURAL PROVISIONS

Intervention in the conduct of further education institutions

Grounds for intervention

69

For the purposes of sections 70 and 71, the grounds for intervention in the conduct of a tertiary education provider in Wales that is an institution within the further education sector are as follows—

(a) the provider’s affairs have been or are being mismanaged by its governing body;

(b) the provider’s governing body has failed to comply with a duty under any enactment;

(c) the provider’s governing body has acted or is proposing to act unreasonably in the exercise of its functions under any enactment;

(d) the provider is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.

Powers to intervene

70

(1) If the Welsh Ministers are satisfied that one or more of the grounds for intervention exist in relation to a tertiary education provider in Wales that is an institution within the further education sector, the Welsh Ministers may give a direction to the provider’s governing body.

(2) Before giving a direction under this section, the Welsh Ministers must consult the Commission.

(3) A direction under this section may—

(a) contain provision that has effect to remove all or any of the members of the provider’s governing body;

(b) contain provision that has effect to appoint new members of that body if there are vacancies (however arising);

(c) specify steps that are (or are not) to be taken by the governing body for the purpose of dealing with the grounds of intervention.

(4) A direction under subsection (3)(c) may (among other things) require the governing body⁠—

(a) to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 (nawm 7) to collaborate with such persons and on such terms as may be specified in the direction;

(b) to make a resolution under section 27A(1) of the Further and Higher Education Act 1992 (c. 13) (“the 1992 Act”) for the body to be dissolved on a date specified in the direction.

(5) A governing body to which a direction such as is mentioned in subsection (4)(b) is given is to be taken for the purposes of section 27A(1) of the 1992 Act to have complied with section 27 of that Act before making the resolution required by the direction.

(6) Directions may be given under this section despite any enactment making the exercise of a power or discharge of a duty contingent on a governing body’s opinion.

(7) The Welsh Ministers may not direct a governing body under this section to dismiss a member of staff.

(8) But subsection (7) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body has power under the provider’s articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(9) An appointment of a member of a governing body under this section has effect as if made in accordance with the instrument of government and articles of government of the provider concerned.

Notification by the Commission of grounds for intervention

71

(1) If the Commission is of the view that any one or more of the grounds for intervention exist in relation to a tertiary education provider in Wales that is an institution within the further education sector, the Commission must notify the Welsh Ministers of that view.

(2) The Welsh Ministers must have regard to the Commission’s view in deciding whether to exercise the powers under section 70.

Welsh Ministers’ statement on intervention powers

72

(1) The Welsh Ministers must publish a statement setting out how they propose to exercise their powers under section 70.

(2) The Welsh Ministers—

(a) must keep the statement under review;

(b) may revise it.

(3) Before publishing the statement or a revised statement, the Welsh Ministers must consult such persons as they consider appropriate.

(4) As soon as possible after publishing the statement or revised statement, the Welsh Ministers must lay a copy of it before Senedd Cymru.

Access to information and facilities

Duty to co-operate

73

(1) The governing body of an external provider must ensure that a person exercising a function by virtue of section 51, 53 or 54(1) is provided with such information, assistance and access to the external provider’s facilities, systems and equipment as the person reasonably requires for the purpose of exercising the function (including for the purpose of exercising any power under section 74).

(2) The governing body of a provider of further education or training funded under section 97 must ensure that a person exercising a function by virtue of section 51 or 53 is provided with such information, assistance and access to the provider’s facilities, systems and equipment as the person reasonably requires for the purpose of exercising the function (including for the purpose of exercising any power under section 74).

(3) In subsection (2)—

“the governing body” (“y corff llywodraethu”)means the person responsible for the provider’s management;

“provider of further education or training” (“darparwr addysg bellach neu hyfforddiant”)does not include a registered provider.

(4) If the Commission is satisfied that a governing body has failed to comply with subsection (1) or (2), it may direct it to take (or not to take) specified steps for the purpose of securing the provision of information, assistance or access as described in subsection (1) or (2) (as appropriate).

(5) For procedural provision about a direction under subsection (4), see sections 75 to 78.

Powers of entry and inspection

74

(1) For the purpose of the exercise of a function by virtue of section 36, 38, 51, 53 or 54(1), an authorised person may—

(a) enter the premises of a registered provider;

(b) inspect, copy or take away documents found on the premises.

(2) For the purpose of the exercise of a function by virtue of section 51, 53 or 54(1), an authorised person may—

(a) enter the premises of an external provider;

(b) inspect, copy or take away documents found on the premises.

(3) In subsections (1)(b) and (2)(b), references to—

(a) documents include information recorded in any form;

(b) documents found on the premises include—

(i) documents stored on computers or electronic storage devices on the premises, and

(ii) documents stored elsewhere which can be accessed by computers on the premises.

(4) The power conferred by subsections (1)(b) and (2)(b) includes power—

(a) to require a person to provide documents;

(b) to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents stored electronically);

(5) A power conferred by this section may be exercised only after giving reasonable notice to⁠—

(a) the governing body of the registered provider or external provider in relation to whose premises the authorised person intends to exercise the power, and

(b) the governing body of any registered provider on whose behalf that provider or external provider provides the tertiary education to which the exercise of the relevant function mentioned in subsection (1) or (2) relates.

(6) Subsection (5) does not apply to the exercise of a power if the authorised person is satisfied that—

(a) the case is one of urgency, or

(b) complying with that subsection would defeat the object of exercising the power.

(7) In this section, “authorised person” means a person authorised in writing by the Commission (whether generally or specifically) to exercise the powers conferred by this section.

(8) Before exercising a power under this section, an authorised person must, if required to do so, produce a copy of the person’s authorisation under subsection (7).

(9) The powers conferred by this section—

(a) may be exercised at reasonable times only;

(b) may not be exercised to require a person to do anything otherwise than at a reasonable time.

(10) The powers conferred by this section do not include power to enter a dwelling without the agreement of the occupier.

(11) In this section, “premises” means premises in Wales or England.

Warning and review procedure

Application of sections 76 to 78

75

(1) Sections 76 to 78 apply to—

(a) a direction under section 39 (directions in respect of failure to comply with ongoing registration conditions);

(b) notice under section 47(2)(b) (rejection of proposed fee limit statement);

(d) a direction under section 73(4) (directions in respect of failure to co-operate).

(2) But those sections do not apply to a direction that provides only for the revocation of an earlier direction.

Proposed notices and directions: requirement to give warning notice

76

(1) Before giving a governing body a notice or direction to which this section applies, the Commission must give the governing body a warning notice.

(2) The warning notice must—

(a) set out the proposed notice or direction,

(b) state the reasons for proposing to give it,

(c) specify the period during which the governing body may make representations about the proposed notice or direction (“the specified period”), and

(d) specify 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 representation made by the governing body in accordance with the warning notice in deciding whether to give the notice or direction.

(5) Having decided whether to give the notice or direction, the Commission must notify the governing body of its decision.

Information to be given with notices and directions and effect pending review

77

(1) If the Commission gives a governing body a notice or direction to which this section applies, the notice or direction must specify the date on which it takes effect.

(2) The Commission must, at the same time it gives the notice or direction, give the governing body a statement specifying—

(a) the reasons for giving the notice or direction,

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

(3) A notice or direction to which this section applies may not take effect at any time when—

(a) an application for review under section 78 could be brought in respect of the notice or direction, or

(b) a review or a decision by the Commission following such a review is pending.

(4) But that does not prevent a notice or direction taking effect if the governing body notifies the Commission that it does not intend to apply for a review.

(5) Where subsection (3) ceases to prevent a notice or direction taking effect on the date specified under subsection (1), the Commission must determine a future date on which the notice or direction takes effect.

(6) But that is subject to what has been determined by the Commission following any review under section 78 in respect of the notice or direction.

Review of notices and directions

78

If the Commission gives a governing body a notice or direction to which this section applies, the governing body may apply for a review of the notice or direction by the decision reviewer.

Decision reviewer

79

(1) The Welsh Ministers must appoint a person, or a panel of persons, to review decisions under sections 45 and 78.

(2) The Welsh Ministers may pay remuneration and allowances to persons appointed under subsection (1).

(3) The Welsh Ministers must, by regulations, make provision in connection with reviews by the decision reviewer under sections 45 and 78.

(4) The regulations may, among other things, make provision—

(a) about the grounds on which the decision reviewer may make recommendations to the Commission;

(b) about the kinds of recommendation that may be made by the decision reviewer to the Commission;

(d) about the procedure to be followed by the decision reviewer;

(e) about steps to be taken by the Commission or the Welsh Ministers following a review.

(5) In this Part, “the decision reviewer” means the person or panel of persons appointed under subsection (1).

Miscellaneous duties

Duty to monitor and report on financial sustainability

80

(1) The Commission must monitor the financial sustainability of—

(a) registered providers;

(b) tertiary education providers in Wales that—

(i) are institutions within the further education sector,

(ii) are funded by the Commission under section 97, and

(iii) are not registered providers;

(2) The Welsh Ministers may, by regulations, provide for exceptions to subsection (1)(a) and (b).

(3) The Commission must include in its annual report information about the financial position of the persons monitored under subsection (1) for the financial year to which the annual report relates.

(4) At the same time the Commission sends its annual report to the Welsh Ministers, the Commission must send a separate report to the Welsh Ministers containing a summary of the financial outlook for the persons monitored under subsection (1) for the financial years following the financial year to which the annual report relates.

(5) “A summary of the financial outlook” is a summary of conclusions drawn by the Commission, from its monitoring under subsection (1), regarding relevant patterns, trends or other matters which it has identified.

(6) Patterns, trends or other matters are “relevant” if—

(a) they relate to the financial sustainability of some or all of the persons monitored under subsection (1), and

(b) the Commission considers that they are appropriate to be brought to the attention of the Welsh Ministers.

(7) In this section—

“annual report” (“adroddiad blynyddol”)means the annual report under paragraph 16 of Schedule 1;

“financial year” (“blwyddyn ariannol”) has the same meaning as in that Schedule (see paragraph 17).

Commission’s statement on intervention functions

81

(1) The Commission must publish a statement setting out how it proposes to exercise its intervention functions.

(2) The Commission—

(a) must keep the statement under review;

(b) may revise it.

(3) Before publishing the statement or a revised statement, the Commission must consult—

(a) the governing body of each registered provider, and

(b) any other persons it considers appropriate.

(4) The Commission’s intervention functions are its functions under the following provisions⁠—

(a) section 36 (duty to monitor compliance with ongoing registration conditions);

(b) section 37 (advice and assistance in respect of compliance with ongoing registration conditions);

(d) section 39 (directions in respect of failure to comply with ongoing registration conditions);

(e) section 41 (de-registration);

(f) section 51 (duty to monitor, and promote improvement in, the quality of regulated tertiary education);

(g) section 52 (advice and assistance in respect of quality of tertiary education);

(h) section 53 (reviews relevant to quality of tertiary education);

(i) section 73(4) (directions in respect of failure to comply with a duty to co-operate).

Directions

Effect and enforcement of directions

82

(1) If the Commission or the Welsh Ministers give a governing body a direction under this Part, the governing body must comply with the direction.

(2) The direction is enforceable by injunction on the application of the person who gave the direction.

(3) If requested to do so by the governing body, the person who gave the direction must give notice to the governing body stating whether the person is satisfied that it has complied with the direction (or with a particular requirement of the direction).

(4) A direction given under this Part must be in writing.

CHAPTER 4 — GENERAL

Designation of other providers of tertiary education

83

(1) The Welsh Ministers may, on the application of a provider of tertiary education within subsection (2), designate the provider for the purposes of this section.

(2) A provider of tertiary education within this subsection is one that—

(a) provides tertiary education in Wales, but

(b) would not (but for the designation) be regarded as an institution for the purposes of this Act.

(3) A provider of tertiary education designated under this section is, unless the designation is withdrawn, to be treated for the purposes of any provision made by or under this Act as being an institution.

(4) The Welsh Ministers may, by regulations, make provision about—

(a) the making of applications for designation;

(b) the making of designations under this section (including provision about matters to be taken into account in determining whether to make a designation);

(c) the withdrawal of a designation (including provision about matters to be taken into account in determining whether to withdraw a designation);

(d) the effect of a withdrawal of a designation (including provision for a provider whose designation is withdrawn to continue to be treated as an institution for prescribed purposes despite subsection (3)).

Interpretation of Part 2

84

In this Part—

“academic year” (“blwyddyn academaidd”) means a period of 12 months;

“applicable fee limit” (“terfyn ffioedd cymwys”) has the meaning given by section 32(8);

“Chief Inspector” (“Prif Arolygydd”)means Her Majesty’s Chief Inspector of Education and Training in Wales;

“decision reviewer” (“adolygydd penderfyniadau”)has the meaning given by section 79(5);

“excess fees” (“ffioedd uwchlaw’r terfyn”) has the meaning given by section 39(7);

“external provider” (“darparwr allanol”) has the meaning given by section 54(7);

“fee limit” (“terfyn ffioedd”) has the meaning given by section 46(5);

“fee limit condition” (“amod terfyn ffioedd”) has the meaning given by section 32(3);

“fee limit statement” (“datganiad terfyn ffioedd”) has the meaning given by section 46(1);

“fees” (“ffioedd”) means fees in respect of, or otherwise in connection with, undertaking a course, including admission, registration, tuition and graduation fees, and fees payable to a tertiary education provider for awarding or accrediting any part of the course, but excluding— fees payable for board or lodging; fees payable for field trips (including any tuition element of such fees); fees payable for attending any graduation or other ceremony; any other fees specified in regulations made by the Welsh Ministers for the purposes of this definition;

“governing body” (“corff llywodraethu”), in relation to an external provider that is not an institution, has the meaning given by section 54(7) (see section 144 for the meaning of “governing body” generally);

“ongoing registration condition” (“amod cofrestru parhaus”)has the meaning given by section 25(10);

“qualifying course” (“cwrs cymhwysol”) means a course specified in regulations under section 32(4);

“qualifying person” (“person cymhwysol”) has the meaning given by section 32(9);

“regulated course fees” (“ffioedd cwrs rheoleiddiedig”) has the meaning given by section 32(7);

“relevant academic year” (“blwyddyn academaidd berthnasol”), in relation to a tertiary education provider to which a fee limit statement relates, has the meaning given in section 46(5).

PART 3 — SECURING AND FUNDING TERTIARY EDUCATION AND RESEARCH

Funding the Commission

Power of the Welsh Ministers to fund the Commission

85

(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.

Funding the Commission: limitations on terms and conditions

86

(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;

(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.

Commission’s funding policy

Policy on funding powers

87

(1) The Commission must publish a statement of its policy on how it intends to exercise its funding powers.

(2) In preparing the statement, the Commission must have regard to the principle that decisions about the provision or securing of financial resources should be made in a way that is transparent.

(3) The Commission must keep the statement under review and may revise it.

(4) Before publishing the statement or a revised statement, the Commission must consult such persons as it considers appropriate.

(5) The Commission’s funding powers are its powers to provide or secure financial resources under sections 88, 89, 97, 101, 103, 104 and 105.

Funding of higher education

Financial support to specified providers for higher education

88

(1) The Commission may provide financial resources to the governing body of a specified provider in respect of expenditure incurred, or to be incurred, by the governing body or by a collaborating body for the purposes of—

(a) the provision of higher education by, or on behalf of, the specified provider;

(b) the provision of facilities, and the carrying on of other activities, by or on behalf of the specified provider which its governing body considers it necessary or desirable to provide or carry on for the purposes of or in connection with higher education it provides or has provided on its behalf.

(2) The Commission may also provide financial resources to any person in respect of expenditure incurred, or to be incurred, by the person for the purpose of the provision by any person of services for the purposes of, or in connection with, the provision of higher education by, or on behalf of, a specified provider.

(3) In this section—

“collaborating body” (“corff sy’n cydlafurio”), in relation to a specified provider, means a person— to whom the governing body of the specified provider proposes to pa‍y all or some of the financial resources provided to it under subsection (1), and who is providing, is proposing to provide or has provided higher education on behalf of the specified provider, or who is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are provided;

“specified provider” (“darparwr penodedig”) means a registered provider registered in a category specified for the purposes of this section in regulations made by the Welsh Ministers.

(4) The Commission must give its consent before the governing body of the specified provider makes a payment to a collaborating body (see section 109 for further provision about the Commission’s consent).

(5) The Welsh Ministers may, by regulations, provide that financial resources may not be provided under this section in respect of expenditure incurred or to be incurred by a person for the purposes of the provision of a course of initial teacher training unless the course satisfies requirements set out in the regulations.

Financial support for higher education courses specified in regulations

89

(1) The Welsh Ministers may, by regulations, specify a particular course of higher education or description of course of higher education for the purposes of this section (“an eligible course”).

(2) Regulations under subsection (1) may describe a course by reference to (among other things)—

(a) requirements to be met by the course;

(b) the description of person providing the course;

(3) The Commission may provide financial resources to a person (“a provider”) in respect of expenditure incurred, or to be incurred, by the provider or by a collaborating body for the purpose of—

(a) the provision of an eligible course wholly or mainly in Wales;

(b) the provision of an eligible course to persons who are ordinarily resident in Wales.

(4) In subsection (3), “collaborating body”, in relation to a provider, means a person—

(a) to whom the provider proposes to pa‍y all or some of the financial resources provided to it under subsection (3), and

(b) who is providing, is proposing to provide or has provided an eligible course (or part of such a course) on behalf of the provider, or who is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are provided.

(5) The Commission must give its consent before the provider makes a payment to a collaborating body (see section 109 for further provision about the Commission’s consent).

Financial support under sections 88 and 89: terms and conditions

90

(1) Financial resources may be provided by the Commission under section 88 or 89 on the terms and conditions that the Commission considers appropriate.

(2) The terms and conditions may (among other things)—

(a) enable the Commission to require the repayment, in whole or in part, of sums paid by it 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 Commission in accordance with any of the terms and conditions remains unpaid.

(3) The terms and conditions must not relate to the application of any sums derived otherwise than from the Commission.

(4) The terms and conditions in relation to financial resources provided under section 89(3)(a) to a person who is not a registered provider, must include a requirement that the person—

(a) if given notice under section 126(1), has in place a learner protection plan approved by the Commission (under section 126(3) or (5)) on or before the date specified in the terms and conditions, and gives effect to the plan,

(b) if the person is a tertiary education provider in Wales, complies with the requirements contained in the Learner Engagement Code published under section 129(1) or any revised code published under section 129(3), and

(c) has regard to advice or guidance given by the Commission to the person (either specifically or to persons generally) in exercise of the Commission’s functions in this Act.‍

Financial support under sections 88 and 89: supplementary

91

(1) In exercising its functions under section 88 or 89 to provide financial resources to a person, the Commission must have regard to the desirability of not discouraging that person from maintaining or developing funding from other sources.

(2) In exercising its functions under section 88 or 89 to provide financial resources to a person, the Commission must have regard (so far as it considers it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining any distinctive characteristics of any tertiary education provider for whose activities financial resources are provided.

Financial resources for further education or training: terms and conditions

92

(1) The Welsh Ministers may‍ secure the provision of financial resources to a person (“a provider”) in respect of expenditure incurred, or to be incurred, by the provider or by a collaborating body for the purpose of—

(a) the provision of a relevant higher education course wholly or mainly in Wales;

(b) the provision of a relevant higher education course to persons who are ordinarily resident in Wales.

(2) The Welsh Ministers may secure the provision of financial resources under subsection (1)—

(a) by providing resources themselves;

(b) by making arrangements for the provision of resources by another person;

(c) by making arrangements for the provision of resources by persons jointly (whether or not including the Welsh Ministers).

(3) If the Welsh Ministers themselves provide financial resources under this section, they may impose such terms and conditions as they consider appropriate.

(4) The terms and conditions 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.

(5) In this section—

“collaborating body” (“corff sy’n cydlafurio”),in relation to a provider, means a person— to whom the provider proposes to pay, with the consent of the Welsh Ministers, all or some of the financial resources provided to it under subsection (1), and who is providing, is proposing to provide or has provided a relevant higher education course (or part of such a course) on behalf of the provider, or who is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are provided;

“relevant higher education course” (“cwrs addysg uwch perthnasol”)means a course within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (c. 40) (courses in preparation for professional examinations at a higher level or providing education at a higher level).

Further education and training

Education and training for persons aged 16 to 19

93

(1) The Commission must secure the provision of proper facilities‍ for Wales for—

(a) further education suitable to the requirements of persons who are over compulsory school age but have not attained the age of 19, and

(b) training suitable to the requirements of such persons.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals,

(b) of a quality adequate to meet those needs, and

Education and training for eligible persons over 19

94

(1) The Commission must secure the provision of proper facilities‍ for Wales for relevant education and training for eligible persons that is suitable to their requirements.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(3) The Welsh Ministers must, by regulations, specify as relevant education and training for the purpose of subsection (1) a description of further education or training.

(4) Regulations under subsection (3) may describe further education or training by reference to (among other things)—

(a) subject;

(b) level of study, including by reference t‍o—

(i) the level of attainment which, in the opinion of the Welsh Ministers, is demonstrated by a qualification falling within level 1, 2 or 3 of the Credit and Qualifications Framework for Wales, or

(ii) another document specified in the regulations that sets out descriptions of levels of qualifications;

(5) In subsection (4)‍,‍ ”the Credit and Qualifications Framework for Wales” means the document with that title published by the Welsh Ministers (as updated from time to time) and which includes descriptions of levels of qualifications.

(6) In forming an opinion for the purposes of subsection‍ (4)(b)(i)‍ and before specifying a document under subsection (4)(b)(ii)‍, the Welsh Ministers may have regard, in particular, to advice or information relating to qualifications which is provided by Qualifications Wales.

(7) An eligible person is a person who—

(a) has attained the age of 19, and

(b) falls within a description specified in regulations made by the Welsh Ministers (if any).

(8) Regulations under subsection (7)(b)—

(a) may describe an eligible person by reference to (among other things)—

(i) age;

(ii) qualifications or other educational attainment;

(iii) status;

(iv) income;

(b) may specify different descriptions of eligible person in relation to different descriptions of further education or training.

Education and training for persons over 19

95

(1) The Commission must secure the provision of reasonable facilities‍ for Wales for—

(a) further education suitable to the requirements of persons who have attained the age of 19, and

(b) training suitable to the requirements of such persons.

(2) Facilities are reasonable if (taking account of the Commission’s resources) the facilities are of such a quantity and quality that the Commission can reasonably be expected to secure their provision.

Requirements on Commission when securing further education and training

96

(1) In discharging the duties imposed on it by sections 93 to 95, the Commission must—

(a) have regard to the places where facilities are provided, the character of facilities and the way they are equipped;

(b) have regard to the different abilities and aptitudes of different persons;

(c) have regard to the requirements of employers, employees and potential employees in relation to the education and training required in different sectors of employment;

(d) have regard to the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(e) have regard to the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(f) have regard to facilities whose provision the Commission thinks might reasonably be secured by other persons (including provision secured by local authorities under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2));

(g) make the best use of the Commission’s resources and in particular avoid provision which might give rise to disproportionate expenditure.

(2) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

Financial support for further education or training

97

(1) The Commission or the Welsh Ministers may secure the provision of financial resources to—

(a) persons for the purpose of the provision or proposed provision by them or by a collaborating body (within the meaning given by subsection (3)) of further education or training wholly or mainly in Wales;

(b) persons for the purpose of the provision or proposed provision by them or by a collaborating body (within the meaning given by subsection (3)) of further education or training to persons who are ordinarily resident in Wales;

(c) persons for the purpose of the provision or proposed provision by them of goods or services in connection with the provision by them or others of further education or training wholly or mainly in Wales;

(d) persons who are ordinarily resident in Wales and who are receiving or proposing to receive further education or training;

(e) persons who are not ordinarily resident in Wales and who are receiving or proposing to receive further education or training in Wales;

(f) tertiary education providers in Wales that are institutions within the further or higher education sector for the purpose of the provision or proposed provision by them of secondary education to persons of compulsory school age;

(g) persons carrying out means tests under arrangements made under section 100.

(2) The Commission or the Welsh Ministers may secure the provision of financial resources under subsection (1)—

(a) by providing resources itself or themselves;

(b) by making arrangements for the provision of resources by another person;

(c) by making arrangements for the provision of resources by persons jointly (whether or not including the Commission or the Welsh Ministers).

(3) A person (“a provider”) may pay all or some of the financial resources provided to the provider under subsection (1)(a) or (b) to another person (“a collaborating body”) i‍f subsection (4)‍ applies.

(4) This subsection applies if the collaborating body is providing, is proposing to provide or has provided further education or training on behalf of the provider, or is working, is proposing to work or has worked in collaboration with the provider for the purpose for which the financial resources are secured.

(5) The Commission (in the case of financial resources secured by it) or the Welsh Ministers (in the case of financial resources secured by them) must give their consent before the provider makes a payment to a collaborating body (see section 109 for further provision about the Commission’s consent).

(6) The Commission may not provide its financial resources under subsection (1)(a) or (b), or make arrangements for a local authority to provide such resources under subsection (2)(b), to the governing body of a maintained school in Wales for the purpose of, or for a purpose connected with, the provision by the school of education suitable to the requirements of persons over compulsory school age (for provision as to the funding of school sixth-forms, see section 101).

(7) But the Commission may provide its financial resources under this subsection, or make arrangements for a local authority to provide such resources, to the governing body of a maintained school in Wales that provides education suitable to the requirements of persons over compulsory school age for the purpose of innovative activities.

(8) An innovative activity is an activity that—

(a) in the Commission’s opinion will contribute to the raising of standards of tertiary education, and

(b) is described in a document prepared by the Commission and approved by the Welsh Ministers.

Financial support for further education or training: further provision

98

(1) In exercising the power under section 97(1)(d) or (e), the Commission or the Welsh Ministers may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

(2) The Welsh Ministers may, by regulations, provide that the provision of financial resources for specified purposes must only be secured under section 97(1)(a) or (b) to registered providers in specified categories.

(3) Regulations under subsection (2) may provide for exceptions for specified courses of further education or training or specified descriptions of such courses; and a course may be described by reference to (among other things)—

(a) requirements to be met by the course;

(b) the description of person providing the course;

(4) In subsections (2) and (3), “specified” means specified in the regulations.

Financial resources for further education or training: terms and conditions

99

(1) If the Commission itself, or the Welsh Ministers themselves, provide financial resources under section 97, they may impose such terms and conditions as they consider appropriate.

(2) The terms and conditions may (among other things)—

(a) enable the Commission or 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 in which a sum due to the Commission or the Welsh Ministers in accordance with any of the terms and condition remains unpaid;

(c) require a person providing or proposing to provide education or training (“the provider”) to make arrangements providing for all or any of the following—

(i) for the provider to charge fees by reference to specified criteria;

(ii) for the provider to make awards by reference to specified criteria;

(iii) for the provider to recover amounts from persons receiving education or training or from employers (or from both);

(iv) for amounts to be determined by reference to specified criteria where provision is made under sub-paragraph (iii);

(v) for specified exemptions to operate where provision is made under sub-paragraph (iii).

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

(4) The terms and conditions must prohibit a person providing, or proposing to provide, further education or training suitable to the requirements of persons who are over compulsory school age but have not attained the age of 19 from charging persons of that age who are receiving the further education or training.

(5) The terms and conditions must also prohibit a person providing, or proposing to provide, relevant education and training suitable to the requirements of eligible persons from charging eligible persons who are receiving that education or training; in this subsection “relevant education and training” and “eligible persons” have the same meaning as in section 94.

(6) The Welsh Ministers may, by regulations, provide for exceptions to the requirement in subsection (4) or (5).

(7) Terms and conditions imposed by the Commission in relation to financial resources provided under section 97(1)(a) to a person who is not a registered provider, must—

(a) require the person, if given notice under section 126(1), to have in place a learner protection plan approved by the Commission (under section 126(3) or (5)) on or before the date specified in the terms and conditions, and to give effect to the plan;

(b) require the person, if the person is a tertiary education provider in Wales, to comply with the requirements contained in the Learner Engagement Code published under section 129(1) or any revised code published under section 129(3);

(c) require the person to have regard to advice or guidance given by the Commission (either specifically or to persons generally) in exercise of the Commission’s functions in this Act.

(8) If the Commission has made arrangements under section 97(2)(b) for another person to provide the Commission’s financial resources, the Commission—

(a) may require that person to provide the resources subject to such terms and conditions that the Commission considers appropriate (including terms and conditions of a kind that could be imposed under subsection (2)), and

(b) must require that person to provide the resources subject to the terms and conditions described in subsections (4) to (7).

Means tests

100

(1) The Commission or the Welsh Ministers may—

(a) carry out means tests;

(b) arrange for other persons to carry out means tests.

(2) The Commission and the Welsh Ministers may take the results of means tests carried out under subsection (1) into account in exercising the power under section 97(1)(d) or (e).

School sixth-forms

101

(1) The Commission may make a grant to a local authority—

(a) on the condition that the grant be applied as part of the authority’s schools budget for a funding period, and

(b) with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons over compulsory school age.

(2) A grant made under this section may be made on terms and conditions in addition to the condition mentioned in subsection (1)(a) (including terms and conditions of a kind which could be imposed under section 99(2)).

(3) The governing body of a maintained school in Wales that provides education suitable to the requirements of persons over compulsory school age must comply with the requirements contained in the Learner Engagement Code published under section 129(1) or any revised code published under section 129(3).

(4) The following must have regard to advice or guidance given by the Commission (either specifically or to persons generally) in exercise of the Commission’s functions in this Act—

(a) a local authority in receipt of a grant under this section, and

(b) the governing body of a maintained school in Wales that provides education suitable to the requirements of persons over compulsory school age.

(5) In this section—

“funding period” (“cyfnod cyllido”)means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (c. 31) (maintained schools to have budget shares), that other period;

“schools budget” (“cyllideb ysgolion”)has the same meaning as in section 45A(2) of the School Standards and Framework Act 1998 (determination of specified budgets of local authority).

Persons with additional learning needs

102

(1) In exercising its functions under the provisions set out in subsection (2), the Commission must have regard to—

(a) the needs of persons with additional learning needs;

(b) the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2).

(2) The provisions are—

(a) section 93 (education and training for persons aged 16 to 19);

(b) section 94 (education and training for eligible persons over 19);

(d) section 97(1)(a) to (e) and (7) (financial support for further education or training);

(e) section 103(1) (financial support for provision of information, advice, guidance and to form links with employers);

(f) section 103(2) (financial support for Welsh medium education and teaching Welsh) except in so far as the provision of tertiary education and the teaching referred to in that subsection consists of higher education.

Financial support for other activities connected to tertiary education

103

(1) The Commission or the Welsh Ministers may secure the provision of financial resources for the purpose of, or in connection with—

(a) the provision or proposed provision of information, advice or guidance about‍ relevant education or connected matters;

(b) the provision or proposed provision of information, advice or guidance to persons ordinarily resident in Wales about education or training outside Wales or connected matters;

(c) the provision or proposed provision of facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive‍ relevant education.

(2) The Commission may secure the provision of financial resources for—

(a) the purpose of‍ providing, through the medium of Welsh, relevant education that is tertiary education;

(b) the purpose of teaching Welsh‍ by means of relevant education that is tertiary education;

(3) In subsections (1) and (2), “relevant education” means—

(a) Welsh tertiary education, or

(b) other education or training provided wholly or mainly in Wales or to persons who are ordinarily resident in Wales.

(4) The Commission or the Welsh Ministers may secure the provision of financial resources under subsection (1), and the Commission may secure the provision of financial resources under subsection (2)—

(a) by providing resources itself or themselves;

(b) by making arrangements for the provision of resources by another person;

(c) by making arrangements for the provision of resources by persons jointly (whether or not including the Commission or the Welsh Ministers).

(5) The Commission may not provide its financial resources under subsection (2), or make arrangements for a local authority to provide such resources under subsection (4)(b), to the governing body of a maintained school in Wales for the purpose of, or for a purpose connected with, the provision by the school of education suitable to the requirements of persons over compulsory school age (for provision as to the funding of school sixth-forms, see section 101).

(6) If the Commission itself, or the Welsh Ministers themselves, provide financial resources under subsection (1) or (2), they may impose such terms and conditions as they consider appropriate.

(7) The terms and conditions may (among other things)—

(a) enable the Commission or 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 in which a sum due to the Commission or the Welsh Ministers in accordance with any of the terms and condition remains unpaid.

(8) If the Commission has made arrangements under subsection (4) for another person to provide the Commission’s financial resources, the Commission may require that person to provide the resources subject to such terms and conditions that the Commission considers appropriate (including terms and conditions of a kind that could be imposed under subsection (7)).

Financial support for apprenticeships

104

(1) The Commission may provide financial resources to a person in respect of expenditure incurred, or to be incurred—

(a) by the person or by a collaborating body (within the meaning given by subsection (2)) for or in connection with the provision of an approved Welsh apprenticeship;

(b) by the person for or in connection with the preparation of an apprenticeship framework.

(2) A person (“a provider”) may pay all or some of the financial resources provided to the provider under subsection (1)(a) to another person (“a collaborating body”) i‍f subsection (3)‍ applies.‍

(3) This subsection applies if the collaborating body is providing, is proposing to provide or has provided an approved Welsh apprenticeship on behalf of the provider, or is working, is proposing to work, or has worked in collaboration with the provider for the purpose for which the financial resources are provided.

(4) The Commission must give its consent before the provider makes a payment to a collaborating body (see section 109 for further provision about the Commission’s consent).

(5) The Welsh Ministers may, by regulations, provide that the Commission must only provide financial resources under subsection (1)(a) to tertiary education providers registered in categories specified in the regulations.

(6) Regulations under subsection (5) may provide for exceptions to the requirement to be registered; and an exception may be framed by reference to (among other things)—

(a) requirements to be met by an approved Welsh apprenticeship;

(b) the description of person providing an approved Welsh apprenticeship;

(7) Financial resources may be provided by the Commission under this section on the terms and conditions that it considers appropriate.

(8) The terms and conditions may (among other things)—

(a) enable the Commission to require the repayment, in whole or in part, of sums paid by it 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 Commission in accordance with any of the terms and conditions remains unpaid.

(9) Terms and conditions imposed by the Commission in relation to financial resources provided under subsection (1)(a) to a person who is not a registered provider, must—

(a) require the person, if given notice under section 126(1), to have in place a learner protection plan approved by the Commission (under section 126(3) or (5)) on or before the date specified in the terms and conditions, and to give effect to the plan;

(b) require the person, if the person is a tertiary education provider in Wales, to comply with the requirements contained in the Learner Engagement Code published under section 129(1) or any revised code published under section 129(3);

(c) require the person to have regard to advice or guidance given by the Commission (either specifically or to persons generally) in exercise of the Commission’s functions in this Act.

(10) When providing financial resources to a person under subsection (1)(a) the Commission must have regard—

(a) to the desirability of not discouraging that person from maintaining or developing funding from other sources, and

(b) (so far as it considers it appropriate to do so in light of any other relevant considerations) to the desirability of maintaining any distinctive characteristics of any tertiary education provider for whose activities financial resources are provided.

(11) In this section—

“apprenticeship framework” (“fframwaith prentisiaeth”)has the meaning given by section 114;

“approved Welsh apprenticeship” (“prentisiaeth Gymreig gymeradwy”)has the meaning given by section 111.

Research and innovation

Financial support for research and innovation

105

(1) The Commission may provide financial resources to the governing body of a specified provider in respect of expenditure incurred, or to be incurred, by the governing body or by a collaborating body for the purposes of, or in connection with, research or innovation.

(2) The Commission may also provide financial resources to any person in respect of expenditure incurred, or to be incurred, by the person for the purpose of the provision by any person of services for the purposes of, or in connection with, the carrying out of research or innovation by a specified provider.

(3) In exercising its functions under this section to provide financial resources to a specified provider, the Commission must have regard—

(a) to the desirability of not discouraging that provider from maintaining or developing funding from other sources, and

(b) (so far as it considers it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining any distinctive characteristics of the provider.

(4) In this section—

“collaborating body” (“corff sy’n cydlafurio”), in relation to a specified provider, means a person— to whom the governing body of the specified provider proposes to pa‍y all or some of the financial resources provided to it under subsection (1), and who is‍ carrying out, is proposing to carry out or has carried out research or innovation on behalf of the specified provider, or who is working, is proposing to work or has worked, in collaboration with the provider for the purpose for which the financial resources are provided;

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