Tertiary Education and Research (Wales) Act 2022

• “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.

• (5) 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).

Financial support for research and innovation: terms and conditions

106

• (1) Financial resources may be provided by the Commission under section 105 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) When—

• (a) deciding to provide financial resources under section 105, and

• (b) determining any terms and conditions of financial resources provided under that section,

the Commission must have regard to the principle that decisions on individual research or innovation proposals are best taken following an evaluation of the quality and likely impact of the proposals (such as a peer review process).

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

107

• (1) The Commission must—

• (a) promote awareness and understanding in Wales of the research and innovation activities it funds;

• (b) disseminate in Wales the results of the research and innovation activities it funds;

• (c) facilitate the practical application in Wales of the results of research and innovation activities it funds.‍

• (2) The Commission must monitor how financial resources provided under section 105 are used.

• (3) The Commission must include in its annual report (prepared under paragraph 16 of Schedule 1) the conclusions it reaches from that monitoring as to the extent to which the activities it funds, for the financial year to which the report relates—

• (a) are achieving successful results,

• (b) are being delivered effectively, and

• (c) represent value for money.

Terms and conditions: quality, governance etc., welfare and equal opportunities

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

108

• (1) When determining the terms and conditions to be imposed in relation to financial resources provided under section 89(3), 97(1)(a) or (b) or 104(1)(a) to a provider who is not a registered provider, the Commission must consider whether to impose terms and conditions relating to—

• (a) the quality of the relevant education provided by or on behalf of the provider;

• (b) the effectiveness of the governance and management of the provider (including its financial management);

• (c) the financial sustainability of the provider;

• (d) the effectiveness of the provider’s arrangements for supporting and promoting the welfare of its students and staff;

• (e) the delivery of measurable outcomes to further each of the aims in subsection (2).

• (2) The aims are—

• (a) increasing participation in relevant education provided by or on behalf of the provider by persons who are members of under-represented groups;

• (b) retention of students who are members of under-represented groups to the end of courses of relevant education provided by or on behalf of the provider;

• (c) reduction of any gaps of attainment in relevant education provided by or on behalf of the provider between different groups of students specified in the terms and conditions where the differences arise from social, cultural, economic or organisational factors;

• (d) provision of support for students finishing courses of relevant education provided by or on behalf of the provider who are members of under-represented groups to continue their tertiary education, find employment or start a business.

• (3) In this section—

• “relevant education” (“addysg berthnasol”) means— where financial resources are provided under section 89(3)(a) or (b), the eligible course (within the meaning given by section 89(1)) in respect of which the resources are provided; where financial resources are provided under section 97(1)(a) or (b), the further education or training in respect of which the resources are provided; where financial resources are provided under section 104(1)(a), the approved Welsh apprenticeship (within the meaning given by section 111) in respect of which the resources are provided;

• “under-represented groups” (“grwpiau sydd heb gynrychiolaeth ddigonol”)are groups specified in the terms and conditions that are under-represented in relevant education as a result of social, cultural, economic or organisational factors.

Collaborating bodies: consent

Consent for payments to collaborating bodies‍

109

• (1) The Commission may give consent for the purpose of section 88(4)‍, 89(5)‍, 97(5), 104(4)‍ or 105(5)‍ generally or in relation to a specific payment or a specific collaborating body.

• (2) The Commission may give consent for the purpose of any of those provisions subject to conditions.

• (3) The conditions must include a requirement that the person to whom financial resources are being provided or secured under section 88, 89, 97, 104 or 105 (as the case may be) makes arrangements for the purpose of ensuring that the resources paid to a collaborating body are managed efficiently and used in a way that provides value for money.

• (4) The Commission may withdraw, suspend or vary consent given for the purpose of any of those provisions, and where consent has been given generally, it may do so generally or in relation to a specific payment or a specific collaborating body.

• (5) Before withdrawing, varying or suspending consent, the Commission must give notice to the person to whom financial resources are being provided or secured under section 88, 89 97, 104 or 105 (as the case may be).

• (6) The notice must state—

• (a) the reasons for proposing to withdraw, vary or suspend consent,

• (b) the period during which representations about the proposed action may be made, and

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

• (7) The Commission must have regard to any representations made in accordance with the notice in deciding whether to withdraw, vary or suspend consent.

• (8) The requirements in subsections (5) to (7) do not apply if the Commission is satisfied that it is necessary to withdraw, vary or suspend consent before it would be practicable to comply with those requirements.

• (9) The Commission must keep consent given for the purpose of section 88‍(4)‍, 89(5)‍, 97(5)‍, 104(4)‍ or 105(5) ‍under review.

Financial support directions

Financial support directions

110

• (1) The Welsh Ministers may give the Commission financial support directions in relation to a relevant person.

• (2) Financial support directions may be given only if it appears to the Welsh Ministers that the financial affairs of the relevant person have been or are being mismanaged.

• (3) “Financial support directions” are such directions about the provision or securing of financial resources under section 88, 89, 97, 101, 103, 104 or 105 to a relevant person as the Welsh Ministers consider necessary or expedient because of the mismanagement.

• (4) In this section, “relevant person” means—

• (a) a registered provider;

• (b) a person (other than a registered provider or the governing body of a maintained school) in receipt of financial resources provided or secured by the Commission under section 88(2), 89, 97, 101, 103, 104 or 105(2).

• (5) Before giving a financial support direction, the Welsh Ministers must consult the Commission and the relevant person unless the Welsh Ministers are satisfied that—

• (a) it is necessary to give the direction before it would be practicable to consult the Commission and the relevant person, or

• (b) consultation would defeat the object of giving the direction.

• (6) If the Welsh Ministers give a financial support direction, they must—

• (a) publish the direction,

• (b) report to Senedd Cymru that a direction has been given and lay a copy of the direction before the Senedd, and

• (c) keep the direction under review.

• (7) The Commission must comply with a financial support direction given under this section.

PART 4 — APPRENTICESHIPS

Introductory

Meaning of “approved Welsh apprenticeship”

111

• (1) An approved Welsh apprenticeship is an arrangement that falls within subsections (2), (3) and (4).

• (2) The arrangement—

• (a) takes place under an approved Welsh apprenticeship agreement, or

• (b) is an alternative Welsh apprenticeship.

• (3) The work undertaken by virtue of the arrangement takes place wholly or mainly in Wales.

• (4) The arrangement satisfies any conditions specified in regulations made by the Welsh Ministers.

• (5) This section applies for the purposes of this Part.

Meaning of “approved Welsh apprenticeship agreement”

112

• (1) An approved Welsh apprenticeship agreement is an agreement which—

• (a) provides for a person (“the apprentice”) to work for another person for reward in an occupation for which an apprenticeship framework published under section 117 is in force at the time the agreement is made,

• (b) provides for the apprentice to receive training in order to assist the apprentice to meet the requirements specified in the apprenticeship framework, and

• (c) satisfies any other conditions specified in regulations made by the Welsh Ministers.

• (2) This section applies for the purposes of this Part.

Meaning of “alternative Welsh apprenticeship”

113

• (1) An alternative Welsh apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Welsh Ministers.

• (2) Regulations under subsection (1) may, for example, describe arrangements which relate to cases where a person—

• (a) works otherwise than for another person;

• (b) works otherwise than for reward.

• (3) This section applies for the purposes of this Part.

Meaning of “apprenticeship framework”

114

• (1) An apprenticeship framework is a document that specifies requirements for the completion of approved Welsh apprenticeships in an occupation or a group of occupations, which may include (but are not limited to) requirements relating to—

• (a) standards of attainment;

• (b) qualifications;

• (c) the type or amount of training undertaken.

• (2) This section applies for the purposes of this Part.

Functions of the Welsh Ministers

Specification of requirements in relation to approved Welsh apprenticeship

115

• (1) The Welsh Ministers may specify requirements in relation to approved Welsh apprenticeships for the purposes of this Part.

• (2) A requirement may relate to the content of apprenticeship frameworks, including (but not limited to)—

• (a) specification of the occupational sectors to which the occupation or group of occupations covered by an apprenticeship framework must relate;

• (b) general standards of attainment needed for completion of approved Welsh apprenticeships;

• (c) the type of qualifications needed for completion of approved Welsh apprenticeships;

• (d) the type or amount of training needed for completion of approved Welsh apprenticeships.

• (3) A requirement may relate to the preparation, revision, withdrawal or publication of an apprenticeship framework, including (but not limited to)—

• (a) the way in which an apprenticeship framework is prepared, revised, withdrawn or published;

• (b) the matters that must be taken into account in preparing, revising or withdrawing an apprenticeship framework.

• (4) A requirement may relate to approved Welsh apprenticeships generally or approved Welsh apprenticeships in one or more occupations.

• (5) The Welsh Ministers may—

• (a) revise or withdraw a requirement by further specification of a requirement;

• (b) withdraw a requirement by publishing a notice of its withdrawal.

• (6) A requirement specified under this section (including a revision and a specification that includes a withdrawal) must be published.

• (7) A requirement specified under this section (including a revision) and the withdrawal of a requirement (whether by notice or further specification of a requirement) must state the date on which it comes into force.

Consultation by Welsh Ministers about specifications

116

• (1) Before taking any action mentioned in subsection (2), the Welsh Ministers must consult—

• (a) the Commission, and

• (b) such other persons as they consider appropriate.

• (2) The actions are—

• (a) specifying a requirement under section 115 (including revised requirements);

• (b) withdrawing a requirement under section 115.

Functions of the Commission

Preparation and publication of apprenticeship frameworks

117

• (1) The Commission may prepare or secure the preparation of apprenticeship frameworks.

• (2) The Commission may publish apprenticeship frameworks prepared by itself or by other persons (whether or not the Commission secured their preparation).

• (3) An apprenticeship framework published under this section must comply with any requirements specified under section 115.

• (4) An apprenticeship framework may specify requirements at different levels of attainment for the same occupation or group of occupations, either within the same apprenticeship framework or in separate frameworks.

• (5) An apprenticeship framework may include any material relevant to an approved Welsh apprenticeship in the occupation or group of occupations to which the framework relates or to approved Welsh apprenticeships generally.

• (6) The Commission must make arrangements to keep under review each published apprenticeship framework with a view to determining whether the framework ought to be revised or withdrawn.

• (7) The Commission may—

• (a) publish a revised version of an apprenticeship framework, or

• (b) withdraw an apprenticeship framework (with or without publishing another in its place).

• (8) An apprenticeship framework published under this section must state the date on which it comes into force.

• (9) References to an apprenticeship framework in this section include a revised framework.

Register of apprenticeship frameworks

118

• (1) The Commission must maintain a register of the apprenticeship frameworks published under section 117.

• (2) In respect of each apprenticeship framework (including any revised framework), the register must include details of when it comes into force.

• (3) Where a revised framework is included in the register, the register must include a general description of the cases to which the revised framework applies.

• (4) Where an apprenticeship framework has been withdrawn, the register must include details of when the withdrawal comes into force and a general description of the cases to which the withdrawal applies.

• (5) The Commission must publish the register.

• (6) The Welsh Ministers may, by regulations, require the Commission to include other information in the register relating to approved Welsh apprenticeships.

Power to issue apprenticeship certificates

119

• (1) The Commission may issue a certificate (“an apprenticeship certificate”) in respect of a person who applies for it, if it appears to the Commission that the person has completed an approved Welsh apprenticeship.

• (2) The Commission may, following an application, supply a copy of an apprenticeship certificate to a person in respect of whom the certificate was issued.

• (3) The Commission may determine—

• (a) the way in which applications for certificates or copies of certificates must be made;

• (b) the contents of certificates.

• (4) The Commission may charge a fee for issuing an apprenticeship certificate or supplying a copy of it only if, and to the extent that, the charging of the fee is authorised by regulations made by the Welsh Ministers.

Delegation of Commission functions

120

• (1) The functions of the Commission under section 117(2) or 119 may be exercised by a person designated by the Commission.

• (2) A designation under this section may be for some or all purposes of the function.

• (3) A person designated under this section must—

• (a) comply with directions given by the Commission, and

• (b) have regard to guidance given by the Commission.

• (4) A designation under this section may be revoked.

• (5) The delegation of a function does not affect—

• (a) the Commission’s ability to exercise the function, or

• (b) the Commission’s responsibility for the exercise of the function.

• (6) The Commission may pay to any person by whom any function is exercisable by virtue of subsection (1)—

• (a) amounts it considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person in, or in connection with, the exercise of that function;

• (b) such remuneration as it may determine.

Supplementary provisions about apprenticeship agreements

Ineffective provisions of approved Welsh apprenticeship agreements

121

• (1) If an agreement—

• (a) contains provision that satisfies the conditions mentioned in section 112(1)(a) to (c), but

• (b) also contains provision that is inconsistent with those conditions,

the other provision is to be treated as having no effect.

• (2) Before an agreement that satisfies the conditions mentioned in section 112(1)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a notice.

• (3) The notice must explain that if the variation takes effect the agreement will cease to be an approved Welsh apprenticeship agreement.

• (4) If an agreement is varied in breach of the requirement in subsection (2), the variation has no effect.

Status of approved Welsh apprenticeship agreements

122

• (1) To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved Welsh apprenticeship agreement is to be treated as not being a contract of apprenticeship.

• (2) To the extent that it would not otherwise be treated as being a contract of service, an approved Welsh apprenticeship agreement is to be treated as being a contract of service.

• (3) This section applies for the purposes of any enactment or rule of law.

Transfer of copyright in apprenticeship frameworks

123

• (1) This section applies where an apprenticeship framework is—

• (a) prepared by a person other than the Commission, and

• (b) published by the Commission under section 117(2) with the agreement of the person who, immediately before publication, is entitled to any right or interest in any copyright in the framework.

• (2) The right or interest is, by virtue of this section, transferred from that person to the Commission on publication.

Crown servants

124

• (1) This Part applies in relation to an agreement under which a person undertakes Crown employment as it applies in relation to any other agreement under which a person undertakes to work for another.

• (2) Subsection (1) is subject to subsection (3) and to any modifications which may be provided for under subsection (5).

• (3) Section 122(2) does not apply in relation to an approved Welsh apprenticeship agreement that is an agreement within subsection (1).

• (4) Without prejudice to section 143(2), the power conferred by section 112(1)(c) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.

• (5) The Welsh Ministers may, by regulations, provide for any provision of this Part to apply with modifications in relation to—

• (a) an agreement within subsection (1), or

• (b) a person working, or proposing to work, under such an agreement.

• (6) In subsection (1), “Crown employment” means employment under or for the purposes of the Welsh Government, a United Kingdom Government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown).

General

Interpretation of Part 4

125

In this Part—

• “apprenticeship certificate” (“tystysgrif brentisiaeth”) means a certificate issued section 119;

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

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

• “approved Welsh apprenticeship agreement” (“cytundeb prentisiaeth Gymreig gymeradwy”) has the meaning given by section 112.

PART 5 — LEARNER PROTECTION, COMPLAINTS PROCEDURES AND LEARNER ENGAGEMENT

Learner protection plans

126

• (1) The Commission may give notice to a relevant tertiary education provider asking it to submit a learner protection plan to the Commission on or before the date specified in the notice.

• (2) A learner protection plan is a document setting out the relevant tertiary education provider’s arrangements for—

• (a) protecting the interests of persons undertaking a relevant course in the event of the course ceasing to be provided for any reason, and

• (b) supporting a person who is undertaking a relevant course and who wishes to transfer to another course of tertiary education (whether that course is provided by, or on behalf of, the tertiary education provider or another person).

• (3) The Commission may approve the learner protection plan with or without modifications.

• (4) If a relevant tertiary education provider wishes to amend its approved learner protection plan, it must send a revised plan to the Commission.

• (5) The Commission may approve the revised learner protection plan with or without modifications.

• (6) The Commission must issue guidance on the preparation and revision of learner protection plans.

• (7) Before issuing guidance under subsection (6), the Commission must consult such persons as it considers appropriate.

• (8) The Commission must monitor the effectiveness of learner protection plans.

• (9) The Commission must include in its annual report (prepared under paragraph 16 of Schedule 1) the conclusions it reaches from that monitoring as to the effectiveness of learner protection plans during the financial year to which the report relates.

• (10) In this section and in section 127—

• “relevant course” (“cwrs perthnasol”), in relation to a relevant tertiary education provider, is⁠— where the provider is a registered provider, any course of tertiary education provided by it or on its behalf; where the provider is not a registered provider, a course of tertiary education provided by it or on its behalf which is funded by the Commission under— section 89(3)(a) (higher education courses specified in regulations), section 97(1)(a) (further education or training), or section 104(1)(a) (apprenticeships);

• “relevant tertiary education provider” (“darparwr addysg drydyddol perthnasol”) is— a registered provider; a person other than a registered provider in receipt of financial resources provided or secured by the Commission under— section 89(3)(a) (higher education courses specified in regulations), section 97(1)(a) (further education or training), or section 104(1)(a) (apprenticeships).

Complaints procedures

127

• (1) The Commission must take such steps as appear to it appropriate to ensure that a relevant tertiary education provider—

• (a) has in place a procedure for investigating complaints about an act or omission of the provider which are made by persons who are undertaking or have undertaken relevant courses, and

• (b) takes reasonable steps to make the procedure known to persons undertaking relevant courses.

• (2) For the meaning of “relevant course” and “relevant tertiary education provider”, see section 126(10).

Qualifying institutions for student complaints scheme

128

• (1) The Higher Education Act 2004 (c. 8) is amended as follows.

• (2) In section 11 (qualifying institutions)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) The Welsh Ministers may, by regulations, specify as a qualifying institution for the purposes of this Part, a person other than one within subsection (1) who is— (a) a registered provider, or (b) a tertiary education provider in Wales other than a registered provider in receipt of financial resources— (i) provided by the Commission for Tertiary Education and Research under section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations), (ii) secured by the Commission for Tertiary Education and Research or the Welsh Ministers under section 97(1)(a) of that Act (further education or training), or (iii) provided by the Commission for Tertiary Education and Research under section 104(1)(a) of that Act (apprenticeships). (3) In subsection (2)— - “registered provider” means a tertiary education provider registered in the register established and maintained by the Commission for Tertiary Education and Research under section 25 of the Tertiary Education and Research (Wales) Act 2022; - “tertiary education provider in Wales” has the meaning given by section 144(1) of the Tertiary Education and Research (Wales) Act 2022. (4) The power to make regulations in subsection (2) is to be exercised by statutory instrument. (5) A statutory instrument containing regulations made under subsection (2) is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (3) In section 12 (qualifying complaints)—

• (a) after subsection (2) insert—

(2A) A complaint within subsection (1) about an act or omission of a qualifying institution specified in regulations made under paragraph (b) of subsection (2) of section 11 is a qualifying complaint only if it is made by a person who is undertaking or has undertaken a course funded by the Commission for Tertiary Education and Research or the Welsh Ministers under— (a) section 89(3)(a) of the Tertiary Education and Research (Wales) Act 2022 (higher education courses specified in regulations), (b) section 97(1)(a) of that Act (further education or training), or (c) section 104(1)(a) of that Act (apprenticeships).

• (b) in subsection (3) for “section 11” substitute “subsection (1) of section 11, or of a qualifying institution specified in regulations made under subsection (2) of that section,”.

Learner Engagement Code

129

• (1) The Commission must prepare and publish a code (“the Learner Engagement Code”) about the involvement of persons receiving tertiary education provided by, or on behalf of, a relevant provider (“learners”) in the making of relevant decisions by the provider.

• (2) The Learner Engagement Code may include provision about the following (among other things)—

• (a) how to ensure that the interests of learners are effectively represented in the making of relevant decisions by the relevant provider,

• (b) how to ensure that learners have the opportunity to participate in the making of relevant decisions by the relevant provider, and

• (c) how to ensure that learners have the opportunity to give their views to the relevant provider about the tertiary education they are receiving and on other matters that may be of concern or interest to them.

• (3) The Commission must keep the Learner Engagement Code under review and if it considers it appropriate, it must prepare and publish a revised code (and references in this section to the Learner Engagement Code include any revised code).

• (4) A provision of the Learner Engagement Code may take the form of a requirement or guidance.

• (5) In preparing the Learner Engagement Code or revised code, the Commission must consult with such persons as the Commission considers appropriate.

• (6) The Learner Engagement Code may make different provision for different purposes (including for different relevant providers or different descriptions of relevant provider).

• (7) The Commission must monitor compliance by relevant providers with the Learner Engagement Code.

• (8) The Commission must include in its annual report (prepared under paragraph 16 of Schedule 1) the conclusions it reaches from that monitoring as to the effectiveness of the Learner Engagement Code during the financial year to which the report relates.

• (9) In this section—

• “relevant decision” (“penderfyniad perthnasol”) means a decision about matters that may be of concern or interest to learners on courses which are— provided by, or on behalf of, a registered provider, where provided by, or on behalf, of a tertiary education provider other than a registered provider, funded by the Commission under— section 89(3)(a) (higher education courses specified in regulations), section 97(1)(a) (further education or training), or section 104(1)(a) (apprenticeships), or provided by the governing body of a maintained school in Wales;

• “relevant provider” (“darparwr perthnasol”) means— a registered provider; a tertiary education provider in Wales other than a registered provider in receipt of financial resources provided or secured by the Commission under— section 89(3)(a) (higher education courses specified in regulations), section 97(1)(a) (further education or training), or section 104(1)(a) (apprenticeships); the governing body of a maintained school in Wales that provides education suitable to the requirements of persons over compulsory school age.

PART 6 — INFORMATION, ADVICE AND GUIDANCE

Information and advice from the Commission and information from the Welsh Ministers

130

• (1) The Commission must give the Welsh Ministers—

• (a) such information relating to any of its functions or obtained in the exercise of any of its functions as the Welsh Ministers request, and

• (b) such advice relating to any of its functions as the Welsh Ministers request.

• (2) Information and advice given under subsection (1) must be given in such form and manner as the Welsh Ministers may determine.

• (3) The Commission may give the Welsh Ministers—

• (a) information relating to any of its functions or obtained in the exercise of any of its functions, or

• (b) advice relating to any of its functions.

• (4) The Welsh Ministers may give the Commission information for the purposes of the exercise of any of its functions.

Persons required to provide information to the Commission

131

• (1) The Commission may, by notice, require a person within subsection (2) to give the Commission such information as it requests for the purposes of the exercise of any of the Commission’s functions.

• (2) The persons within this subsection are—

• (a) a registered provider;

• (aa) a person other than a regulated institution in receipt of financial resources provided under section 65 (administration of funds by the Commission) of the Further and Higher Education Act 1992;

• (b) a person other than a registered provider in receipt of financial resources provided under—

• (i) section 88(2) (services provided in connection with higher education),

• (ii) section 89 (higher education courses specified in regulations),

• (iii) section 92 (financial support for certain higher education courses),

• (iv) section 97 (further education or training),

• (v) section 103 (other activities connected to tertiary education),

• (vi) section 104 (apprenticeships),

• (vii) section 105(2) (services provided in connection with research and innovation), or

• (viii) section 136 (research by the Commission or the Welsh Ministers);

• (c) a local authority;

• (d) the governing body of a maintained school in Wales that is providing, or has arranged for the provision of, higher education to pupils at the school under section 28A of the Education Act 2002 (c. 32);

• (e) a body designated under Schedule 3 to exercise the Commission’s functions under section 54 (assessment of quality of higher education);

• (f) a person designated by the Commission under section 120 to exercise the Commission’s functions under section 117(2) (publication of apprenticeship frameworks) or section 119 (issue of apprenticeship certificates);

• (g) any person providing further education or training and who is in receipt of financial support from the Welsh Ministers.

• (2A) In section 131(2)(aa), “regulated institution” has the meaning given in section 7(5)(b) of the Higher Education (Wales) Act 2015.

• (3) A notice under subsection (1) to a person mentioned in subsection (2)(c) to (g) may not require the person to give information other than—

• (a) in the case of a person mentioned in subsection (2)(c), (d) or (g), information held by the person for the purpose of the provision of tertiary education;

• (b) in the case of a body mentioned in subsection (2)(e), information held by the body for the purpose of the exercise of any of the Commission’s functions under section 54;

• (c) in the case of a person mentioned in subsection (2)(f), information held by the person for the purpose of the exercise of any of the Commission’s functions under section 117(2) or 119.

• (4) A notice under subsection (1) may require the information to be given—

• (a) by a time specified in the notice, and

• (b) in a form and manner specified in the notice.

• (5) If a person fails to comply with a notice under subsection (1) and does not satisfy the Commission that the information requested cannot be given, the duty to comply with the notice is enforceable by injunction on the application of the Commission.

• (6) The Commission may give a person listed in subsection (2) information about any matter in relation to which the Commission has a function.

Powers to share information

132

• (1) Each of the following may give the Commission information for the purposes of the exercise of any of the Commission’s functions—

• (a) Her Majesty’s Chief Inspector of Education and Training in Wales;

• (b) the Education Workforce Council;

• (c) Qualifications Wales;

• (d) the Secretary of State;

• (e) the Office for Students;

• (f) a body designated under Schedule 3 to exercise the Commission’s functions under section 54 (assessment of quality of higher education);

• (g) the person designated by the Welsh Ministers under section 13 of the Higher Education Act 2004 (c. 8) as the designated operator of a scheme for the review of student complaints;

• (h) a person specified in arrangements made by the Welsh Ministers under section 23(4) of the Teaching and Higher Education Act 1998 (c. 30) to exercise on their behalf functions exercisable by virtue of regulations under section 22 of that Act (arrangements for giving financial support to students);

• (i) a person specified in arrangements made by the Welsh Ministers under section 14 of the Education Act 2002 (c. 32) (financial assistance for education and children etc.), which, in accordance with section 17 of that Act, provide for the person to give assistance or exercise other functions relating to assistance;

• (j) a person providing services to one or more tertiary education providers in Wales that are institutions within the higher education sector relating to applications for admission on to higher education courses provided by them;

• (k) a person specified in regulations made by the Welsh Ministers.

• (2) The Commission may give a person listed in subsection (1) and any other person it considers appropriate information about any matter in relation to which it has a function.

Power to require application-to-acceptance information

133

• (1) The Welsh Ministers may, by notice, require a person within subsection (2) to give them or the Commission such application-to-acceptance information as may be described in the notice for use for qualifying research.

• (2) A person within this subsection is one providing services to one or more tertiary education providers in Wales that are institutions within the higher education sector relating to applications for admission on to higher education courses provided by them.

• (3) “Application-to-acceptance information” means information relating to—

• (a) applications for admission to higher education courses provided by tertiary education providers in Wales that are institutions within the higher education sector (including predicted grades),

• (b) offers and rejections given to individuals in respect of applications for admission to those courses, or

• (c) the acceptance of such offers.

• (4) “Qualifying research” means—

• (a) research into the choices available to individuals who are—

• (i) applying for admission on to higher education courses provided by tertiary education providers in Wales that are institutions within the higher education sector, or

• (ii) considering whether to accept an offer for admission on such a course from such a provider;

• (b) research into equality of opportunity in connection with access to and participation in higher education provided by tertiary education providers in Wales that are institutions within the higher education sector;

• (c) research into any other topic approved by the Welsh Ministers.

• (5) A notice under subsection (1) may require the information to be given—

• (a) by a time specified in the notice, and

• (b) in a form and manner specified in the notice.

• (6) If a person fails to comply with a notice under subsection (1) and does not satisfy the Welsh Ministers that the information described in the notice cannot be given, the duty to comply with the notice is enforceable by injunction on the application of the Welsh Ministers.

Use of application-to-acceptance information for research purposes

134

• (1) The Welsh Ministers may—

• (a) use information obtained under section 133 for qualifying research, and

• (b) give information obtained under section 133 to the Commission or to an approved person for use for qualifying research.

• (2) The Welsh Ministers, the Commission or an approved person may publish the product of research carried out using information obtained under section 133 so long as—

• (a) a purpose in publishing it is to provide statistical information,

• (b) no individual to whom the information obtained under section 133 relates may be identified from the publication, and

• (c) the publication does not include information obtained under section 133 that may be regarded as commercially sensitive.

• (3) “Approved person” means—

• (a) a body approved by the Welsh Ministers for the purposes of this section that uses or disseminates information for the purpose of research (“an approved body”), or

• (b) an individual approved by the Welsh Ministers or an approved body for the purposes of this section (“an approved researcher”).

• (4) An approved body may give information obtained under section 133 to an approved researcher, but an approved researcher may not give that information to—

• (a) another approved researcher, or

• (b) another approved body.

• (5) The Welsh Ministers must publish guidance regarding factors to be taken into account in deciding whether to approve a body or individual for the purposes of this section.

• (6) “Qualifying research” has the same meaning as in section 133.

Other information, advice and guidance

135

• (1) The Commission may give advice and issue guidance (whether general or specific) to any person about the provision of tertiary education or any matter connected with the Commission’s functions.

• (2) The Commission must—

• (a) identify good practice in relation to the sharing of information by the persons specified in subsection (3), and

• (b) give advice and issue guidance about such practice to those persons.

• (3) The persons specified in this subsection are—

• (a) a registered provider,

• (b) a person other than a registered provider providing tertiary education funded or otherwise secured by the Commission.

• (4) The Commission must publish any guidance it issues under subsections (1) and (2).

• (5) The Commission must establish systems for collecting information which is designed to secure that its decisions with regard to tertiary education are made on a sound basis.

Research by the Commission or the Welsh Ministers

136

• (1) The Commission or the Welsh Ministers may carry out, or secure the provision of financial resources to persons carrying out or proposing to carry out, research in relation to—

• (a) Welsh tertiary education;

• (b) other education or training—

• (i) provided wholly or mainly in Wales, or

• (ii) to persons who are ordinarily resident in Wales;

• (c) any matter connected to education or training‍ described in paragraph (a)‍ or (b)‍;

• (d) any other matter relevant to the Commission’s functions.

• (2) The Commission or the Welsh Ministers may publish, or arrange for the publication of, the results of such research so long as no individual to whom the research relates may be identified from the publication.

• (3) 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).

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

• (5) 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.

• (6) If the Commission has made arrangements under subsection (3)(b) 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 (5)).

PART 7 — MISCELLANEOUS AND GENERAL

Higher education corporations

Instruments of government of higher education corporations in Wales

137

• (1) Section 124A of the Education Reform Act 1988 (c. 40) is amended as follows.

• (2) In subsection (9), for the words “3 to 5 and” substitute “2 to”.

• (3) After subsection (9) insert—

(9A) Before making an order under subsection (9) the Welsh Ministers must consult— (a) the Commission for Tertiary Education and Research, and (b) any other persons they think appropriate. (9B) An order made under subsection (9) may, where it is necessary in consequence of amendments made to Schedule 7A to this Act, repeal or amend the following provisions of this Act— (a) subsection 122A(3); (b) in subsection (4) of this section, the words “any provision authorised to be made by that Schedule and”; (c) in section 124C— (i) in subsection (1), the words beginning with “and, in determining” to the end; (ii) subsection (2).

Articles of government of higher education corporations in Wales

138

• (1) The Education Reform Act 1988 (c. 40) is amended as follows.

• (2) In section 125, after subsection (7) insert—

(8) The Welsh Ministers may by order amend or repeal any of subsections (2) to (4) of this section. (9) Before making an order under subsection (8) the Welsh Ministers must consult— (a) the Commission for Tertiary Education and Research, and (b) any other persons they think appropriate.

• (3) In section 232—

• (a) in subsection (1), after the words “Secretary of State” insert “or the Welsh Ministers”;

• (b) after subsection (4) insert—

(4ZA) A statutory instrument containing any order or regulations made by the Welsh Ministers under this Act, other than an order under section 124A, 125, 214 or 216, shall be subject to annulment in pursuance of a resolution of Senedd Cymru. (4ZB) A statutory instrument containing an order made by the Welsh Ministers under section 124A or 125 of this Act may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru. (4ZC) For the purposes of subsection (4ZA) above, any order or regulations made by the Welsh Ministers under this Act includes any order or regulations made under a power that is expressed as a power of the Secretary of State and has been transferred to the Welsh Ministers.

;

• (c) in subsection (5), for the word “thinks” substitute “or the Welsh Ministers think”.

Appointment of associate Commission staff member

139

• (1) Section 128 of the Education Reform Act 1988 (c. 40) is amended as follows.

• (2) In subsection (1), in sub-paragraph (b)(iii), for the words “the Higher Education Funding Council for Wales” substitute “the Commission for Tertiary Education and Research (“the Commission”)”.

• (3) After subsection (1) insert—

(1A) An order under this section may be made only if— (a) the higher education corporation to be dissolved has requested that an order be made, or (b) if there has been no such request, the higher education corporation consents to an order being made. (1B) But an order may be made as if consent had been given under subsection (1A)(b) if the Welsh Ministers consider that the higher education corporation— (a) has unreasonably withheld its consent, or (b) has unreasonably delayed in giving or withholding its consent. (1C) An order under subsection (1)(b)— (a) may, in relation to any property or rights of the corporation transferred under the order, make provision about the effect of such transfer on any right of pre-emption, right of return or other similar right that may apply in respect of such property or rights (including provision about the calculation and payment of any just compensation); (b) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) of any enactment or any rule of law, which would otherwise prevent, penalise or restrict the transfer of the property rights or liabilities.

• (4) In subsection (4), in paragraph (b), for the words “the Higher Education Funding Council for Wales” substitute “the Commission”.

• (5) For subsection (5), substitute—

(5) In this section— - “charitable purposes” has the meaning given by section 11 of the Charities Act 2011 (c. 25); - “right of return means any right under a provision for the return or reversion of property in specified circumstances.

• (6) After subsection (6), insert—

(7) The Welsh Ministers must publish a statement setting out the circumstances in which they propose to exercise the power under this section to make an order. (8) The Welsh Ministers— (a) must keep the statement under review; (b) may revise it. (9) Before publishing the statement or a revised statement, the Welsh Ministers must consult such persons as they consider appropriate. (10) As soon as possible after publishing the statement or revised statement, the Welsh Ministers must lay a copy of it before Senedd Cymru.

Consultation about careers services

Duty to consult the Commission on careers services

140

In the Employment and Training Act 1973 (c.50), after section 9 insert—

(9A) (1) In each financial year the Welsh Ministers must consult the Commission for Tertiary Education and Research on strategic priorities in the next financial year for the performance of their duty in section 8 and the exercise of their power in section 9. (2) In this section, “financial year means a period of 12 months ending on 31 March.

General

Data Protection

141

• (1) This section applies to a duty or power to disclose or use information where the duty or power is imposed or conferred by or under any provision of this Act.

• (2) A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation; but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation.

• (3) In this section, “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Publication

142

• (1) Where this Act imposes a duty to publish anything, it must be published—

• (a) electronically, and

• (b) in such other manner as the person subject to the duty considers appropriate.

• (2) The duty to publish electronically is—

• (a) a duty to provide access free of charge, and

• (b) a duty to publish on the person’s own website, if the person has one.

• (3) Copies of anything published under subsection (1)(b) may be supplied free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the person subject to the duty to publish may determine.

Regulations

143

• (1) A power to make regulations under this Act is to be exercised by statutory instrument.

• (2) A power to make regulations under this Act includes power to make—

• (a) different provision for different purposes or different areas;

• (b) incidental, supplementary, consequential, transitory, transitional or saving provision.

• (3) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

• (4) Subsection (3) applies to a statutory instrument containing regulations under any of the following provisions—

• (a) from Part 1, section 22(1);

• (b) from Part 2, sections 25(2), 27(6), 32(2)(b),‍ 34, 41(2), 46(6), 80(1)(c) and (2) and 83(4);

• (c) from Part 3, sections 88(3), 94(3) and (7)(b), 98(2), 99(6), 104(5) and 105(4);

• (d) from Part 4, sections 111(4), 112(1)(c) and 113(1);

• (e) from this Part—

• (i) section 145;

• (ii) section 146, but only where the regulations amend, repeal or otherwise modify a provision of an Act of Parliament, a Measure of the National Assembly for Wales or an Act of Senedd Cymru.

• (5) A statutory instrument containing regulations made by the Welsh Ministers under this Act to which subsection (4) does not appl‍y is subject to annulment in pursuance of a resolution of Senedd Cymru.

General interpretation

144

• (1) In this Act—

• “additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2);

• “additional learning provision” (“darpariaeth ddysgu ychwanegol”) has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2);

• “the Commission” (“y Comisiwn”) means the Commission for Tertiary Education and Research (see section 1);

• “facilities for Wales” (“cyfleusterau i Gymru”) includes— facilities in Wales, and other facilities available to persons ordinarily resident in Wales;

• “financial resources” (“adnoddau ariannol”) means financial resources of any kind including grants, loans and other payments;

• “functions” (“swyddogaethau”) means powers and duties;

• “governing body” (“corff llywodraethu”)— in relation to a training provider who but for this section would not be regarded as an institution, means any persons responsible for the provider’s management; in relation to a school, means its proprietor within the meaning given by section 579(1) of the Education Act 1996 (c. 56); in relation to a provider designated under section 83, means any persons responsible for the provider’s management; in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992 (c. 13), but subject to any provision made by virtue of section 90(2) of that Act;

• “higher education” (“addysg uwch”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40);

• “institution” (“sefydliad”) includes any training provider (whether or not the training provider would otherwise be regarded as an institution);

• “local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

• “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, or a community special school;

• “notice” (“hysbysiad”) means notice in writing;

• “the register” (“y gofrestr”) means the register established and maintained under section 25;

• “registered provider” (“darparwr cofrestredig”) means a tertiary education provider which is registered in the register; and references to “registration” (“cofrestru”) are to be read accordingly;

• “school” (“ysgol”) has the meaning given by section 4 of the Education Act 1996 (c. 56);

• “secondary education” (“addysg uwchradd”) has the meaning given by section 2 of the Education Act 1996 (c. 56);

• “tertiary education” (“addysg drydyddol”) means higher education, further education or training;

• “tertiary education provider in Wales” (“darparwr addysg drydyddol yng Nghymru”) means an institution providing tertiary education, including tertiary education provided on its behalf, whose activities are wholly or mainly carried on in Wales;

• “trade union” has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 5‍2);

• “Welsh tertiary education” (“addysg drydyddol Gymreig”) means tertiary education— provided by, or on behalf of, a tertiary education provider in Wales, or funded or otherwise secured by the Commission.

• (2) References in this Act to further education are to education (other than higher education) suitable to the requirements of persons who are over compulsory school age and organised leisure-time occupation connected with such education.

• (3) Accordingly for the purposes of this Act, further education includes education suitable to the requirements of pupils over compulsory school age but under 19 which is provided at a school at which secondary education is also provided.

• (4) References in this Act to training are to training suitable to the requirements of persons who are over compulsory school age and organised leisure-time occupation connected with such training.

• (5) For the purposes of subsections (2) and (4)—

• (a) education includes both full-time and part-time education;

• (b) training includes both full-time and part-time training;

• (c) training includes vocational, social, physical and recreational training.

• (6) In this Act—

• (a) references to institutions within the further education sector are references to institutions falling within section 91(3) of the Further and Higher Education Act 1992 (c. 13), and

• (b) references to institutions within the higher education sector are references to institutions falling within section 91(5) of the Further and Higher Education Act 1992.

• (7) Subsections (2) and (3) of section 8 of the Education Act 1996 (c. 56) apply to determine, for the purposes of this Act, whether a person is of compulsory school age, so far as that section applies in relation to Wales.

• (8) References in this Act (however expressed) to the provision of tertiary education by, or on behalf of, a tertiary education provider in Wales (including a registered provider or specified provider) include courses of tertiary education provided—

• (a) at one or more places in Wales or elsewhere,

• (b) by means of correspondence, equipment or other facility that enables persons who are not in the same place (whether in Wales or elsewhere) to participate in the tertiary education, or

• (c) by a combination of the ways described in paragraphs (a) and (b).

• (9) In subsection (1), “training provider” means a person who provides training for members of the school workforce (within the meaning given by section 100 of the Education Act 2005 (c. 18)).

• (10) For the purposes of this Act, tertiary education provided outside Wales is to be treated as provided in Wales if it is provided as part of a course that is provided mainly in Wales.

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

145

• (1) The Welsh Ministers may, by regulations, provide for the Open University to be treated as a tertiary education provider in Wales for the purpose of any provision in, or made under, this Act.

• (2) Regulations under subsection (1) may modify the effect of a provision in, or made under, this Act so far as it applies to the Open University, whether as a tertiary education provider in Wales or a registered provider (if it becomes one).

Power to make consequential and transitional provision etc.

146

• (1) If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may, by regulations, make—

• (a) supplementary, incidental or consequential provision;

• (b) transitional, transitory or saving provision.

• (2) Regulations under subsection (1) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).

Minor and consequential amendments

147

Schedule 4 makes minor provision and provision in consequence of this Act.

Coming into force

148

• (1) The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent—

• (a) sections 143 to 146;

• (b) this section;

• (c) section 149.

• (2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

• (3) An order under subsection (2) may—

• (a) appoint different days for different purposes;

• (b) make transitory, transitional or saving provision in connection with the coming into force of a provision brought into force by the order.

Short title

149

• (1) The short title of this Act is the Tertiary Education and Research (Wales) Act 2022.

• (2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

SCHEDULE 1

Status

1

The Commission is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Membership

2

• (1) The members of the Commission are—

• (a) the person appointed by the Welsh Ministers to chair the Commission (“the chair”);

• (b) the person appointed by the Welsh Ministers as the chair of the RIC under paragraph 12(1) who is to be the deputy chair of the Commission;

• (c) at least 4 and no more than 14 other persons appointed by the Welsh Ministers under this paragraph (“ordinary members”);

• (d) the person appointed under paragraph 10 as chief executive of the Commission (“the chief executive”).

• (2) In appointing the chair and ordinary members the Welsh Ministers must have regard to the desirability of the Commission’s members (between them) having experience of, and having shown capability in—

• (a) the provision of education or training;

• (b) the carrying out or administration of research;

• (c) industrial, commercial or financial matters or the practice of any profession;

• (d) promoting the needs of learners in tertiary education.

• (e) the provision of education or training through the medium of Welsh or the promotion of such education or training.

The chair and ordinary members

3

• (1) The chair and ordinary members hold and vacate office in accordance with the terms and conditions of their appointment.

• (2) Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

• (3) A person is disqualified from being the chair or an ordinary member if the person is—

• (a) a Member of the Senedd;

• (b) a member of the House of Commons;

• (c) a member of the governing body of a tertiary education provider in Wales that is an institution within the further education sector;

• (d) a member of the governing body of a tertiary education provider in Wales that is an institution within the higher education sector.

• (4) A person who becomes disqualified ceases to hold office as the chair or as an ordinary member.

• (5) The chair and ordinary members are to be appointed for a term of up to 5 years.

• (6) A person who has held office as the chair or as an ordinary member may be reappointed.

• (7) The chair or an ordinary member may resign from office by giving notice to the Welsh Ministers and to the Commission.

• (8) The Commission may, with the Welsh Ministers’ approval, pay or make provision for the payment of remuneration, allowances and pension to, or in respect of, a person who is or has been the chair or an ordinary member.

• (9) The Welsh Ministers may by notice to the chair, the deputy chair or an ordinary member remove that person from office if they are satisfied that the person is unable or unfit to carry out the functions of office, or is otherwise failing to do so.

• (10) The Welsh Ministers may by notice to the chair, the deputy chair or an ordinary member suspend that person from office, if it appears to them that there may be grounds to exercise the power in sub-paragraph (9).

• (11) A suspension by notice under sub-paragraph (10) has effect—

• (a) for a period specified in the notice, or

• (b) if no period is specified in the notice, until further notice by the Welsh Ministers to the person suspended.

• (12) A person removed from office as the deputy chair also ceases to hold office as the chair of the RIC.

• (13) A person suspended from office as the deputy chair is also suspended from office as the chair of the RIC.

Associate membership

4

• (1) The associate members of the Commission are—

• (a) at least two persons appointed by the Welsh Ministers in accordance with paragraph 5 to represent the wider tertiary education workforce (“associate workforce members”), where at least one is appointed to represent the academic tertiary education workforce and at least one is appointed to represent the non-academic tertiary education workforce;

• (b) where one or more trade unions are recognised by the Commission, a person appointed in accordance with paragraph 6 to represent the staff of the Commission (“associate Commission staff member”);

• (c) at least one person appointed by the Welsh Ministers in accordance with paragraph 7 to represent learners in tertiary education (“associate learner member”).

• (2) In this paragraph and paragraph 6, “recognised”, in relation to a trade union, has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992.

Appointment of associate workforce members

5

• (1) The Welsh Ministers must publish—

• (a) a list of one or more trade unions for the purpose of appointing associate workforce members to represent the academic tertiary education workforce, and

• (b) a list of one or more trade unions for the purpose of appointing associate workforce members to represent the non-academic tertiary education workforce.

• (2) Before publishing a list (including a replacement list) under sub-paragraph (1), the Welsh Ministers must consult—

• (a) the Commission, and

• (b) such other persons as they consider appropriate.

• (3) Sub-paragraph (4) applies if no-one holds the position of associate workforce member to represent the academic tertiary education workforce.

• (4) The Welsh Ministers must invite each of the trade unions on the most recently published list under sub-paragraph (1)(a) to nominate an eligible candidate for appointment as an associate workforce member to represent the academic tertiary education workforce.

• (5) Sub-paragraph (6) applies if no-one holds the position of associate workforce member to represent the non-academic tertiary education workforce.

• (6) The Welsh Ministers must invite each of the trade unions on the most recently published list under sub-paragraph (1)(b) to nominate an eligible candidate for appointment as an associate workforce member to represent the non-academic tertiary education workforce.

• (7) The Welsh Ministers must specify the period within which a nomination under sub-paragraph (4) or (6) is to be made.

• (8) The Welsh Ministers must appoint at least one person, from among the eligible candidates nominated during the period specified under sub-paragraph (7), as an associate workforce member to represent the academic tertiary education workforce.

• (9) The Welsh Ministers must appoint at least one person, from among the eligible candidates nominated during the period specified under sub-paragraph (7), as an associate workforce member to represent the non-academic tertiary education workforce.

• (10) A person is an eligible candidate for appointment as an associate workforce member to represent the academic tertiary education workforce only if the person is—

• (a) employed by a person who provides tertiary education in Wales, and

• (b) a member of a trade union on the most recently published list under sub-paragraph (1)(a).

• (11) A person is an eligible candidate for appointment as an associate workforce member to represent the non-academic tertiary education workforce only if the person is—

• (a) employed by a person who provides tertiary education in Wales, and

• (b) a member of a trade union on the most recently published list under sub-paragraph (1)(b).

Appointment of associate Commission staff member

6

• (1) Sub-paragraph (2) applies where—

• (a) one or more trade unions are recognised by the Commission, and

• (b) the position of associate Commission staff member is unoccupied.

• (2) The staff member appointment committee (see paragraph 11(5)) must invite each of the trade unions recognised by the Commission to nominate an eligible candidate for appointment as the associate Commission staff member.

• (3) The staff member appointment committee must specify the period within which a nomination is to be made.

• (4) The staff member appointment committee must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (3), as the associate Commission staff member.

• (5) A person is an eligible candidate for appointment as the associate Commission staff member only if the person is—

• (a) employed by the Commission, and

• (b) a member of a trade union recognised by the Commission.

Appointment of associate learner member

7

• (1) The Welsh Ministers must publish a list of one or more bodies (whether corporate or unincorporate) appearing to them to represent the interests of learners undertaking tertiary education in Wales for the purpose of appointing the associate learner member.

• (2) Before publishing a list (including a replacement list) under sub-paragraph (1), the Welsh Ministers must consult—

• (a) the Commission, and

• (b) such other persons as they consider appropriate.

• (3) Sub-paragraph (4) applies if no-one holds the position of associate learner member.

• (4) The Welsh Ministers must invite each of the bodies on the list most recently published under sub-paragraph (1) to nominate an eligible candidate for appointment as the associate learner member.

• (5) The Welsh Ministers must specify the period within which a nomination under sub-paragraph (4) is to be made.

• (6) The Welsh Ministers must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (5), as the associate learner member.

• (7) A person is an eligible candidate for appointment as an associate learner member only if⁠—

• (a) the person has been a learner undertaking tertiary education at any time during the period of 3 years ending on the day of the appointment, and

• (b) the person holds an office or any form of membership of a body on the list most recently published under sub-paragraph (1).

Terms of associate membership etc.

8

• (1) An associate member is not eligible to vote in any proceedings of the Commission.

• (2) An associate workforce member and an associate learner member hold and vacate office in accordance with the terms and conditions of their appointment.

• (3) Those terms and conditions are to be determined by the Welsh Ministers, subject to the provisions of this Schedule.

• (4) An associate Commission staff member holds and vacates office in accordance with the terms and conditions of their appointment.