The Higher Education Act 2004 (Commencement No. 3) (Wales) Order 2011

Made: 9 February 2011

The Welsh Ministers, in exercise of the powers conferred upon the National Assembly for Wales by sections 47(1), 52(3) and 52(6) of the Higher Education Act 2004[^f00001] and now exercisable by them[^f00002] make the following Order:

Title and interpretation

1

• (1) The title of this Order is the Higher Education Act 2004 (Commencement No. 3) (Wales) Order 2011.

• (2) In this Order:

• “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998[^f00003];

• “the 2004 Act” (“Deddf 2004”) means the Higher Education Act 2004.

Provisions coming into force

2

The following provisions of the 2004 Act come into force on 11 February 2011—

• (a) section 22 in relation to Wales;

• (b) section 28(6) so far as enabling regulations to be made;

• (c) sections 33 to 36 in relation to Wales so far as enabling regulations to be made;

• (d) section 38 so far as enabling regulations to be made;

• (e) section 39 in relation to Wales so far as enabling regulations to be made;

• (f) section 41 in relation to Wales.

3

The following provisions of the 2004 Act come into force on 31 March 2011—

• (a) section 27;

• (b) section 28(1) to (5);

• (c) section 28(6) in so far as not commenced by article 2(b);

• (d) section 30(2) and (3);

• (e) section 32(4);

• (f) section 38 in so far as not commenced by article 2(b).

4

The following provisions of the 2004 Act come into force on 31 March 2011 in relation to Wales—

• (a) section 29;

• (b) section 30(1);

• (c) sections 33 to 36 in so far as not commenced by article 2(c);

• (d) section 39 in so far as not commenced by article 2(e);

• (e) section 49 so far as it relates to the provisions of Schedule 6 set out in paragraphs (g) and (h);

• (f) section 50 in so far as it relates to the provisions of Schedule 7 set out in paragraphs (i) and (j);

• (g) in Schedule 6, paragraph 7, the omission of section 26(3), (4) and (6) to (11) of the 1998 Act;

• (h) in Schedule 6, paragraph 8;

• (i) in Schedule 7, the repeal of section 26(3), (4) and (6) to (11) of the 1998 Act;

• (j) in Schedule 7, the repeal in section 28(1) of the 1998 Act of the definitions of “fees” and “publicly-funded institution”.

Signed

Leighton Andrews — Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers — 9 February 2011

Explanatory note

(This note is not part of the Order)

This is the third commencement order made by the Welsh Ministers under the Higher Education Act 2004 (“the 2004 Act”). The Order brings into force provisions concerning the imposition by the Welsh Ministers of conditions to control fees at institutions in Wales which receive grants from the Higher Education Funding Council for Wales.

The provisions of Part 3 of the 2004 Act brought into force by this Order (where applicable in relation to Wales) are as follows:

• section 22, which explains the meaning of a Welsh approved plan;

• section 27, which allows the Welsh Ministers to impose conditions in relation to grants made to a funding body requiring the funding body to impose a condition in relation to grants and loans it makes to relevant institutions;

• section 28, which sets out what the condition imposed by a funding body on relevant institutions requires;

• section 29, which contains supplementary provisions;

• section 30, which explains the meaning of “relevant authority” and confers power on the Welsh Ministers to designate a person to be the relevant authority in relation to Wales;

• section 32(4), which requires the relevant authority in relation to Wales to have regard to guidance given by the Welsh Ministers;

• sections 33 to 36, which make provision for the contents of fee plans, their approval, duration and variation;

• section 38, which makes provision for the enforcement of fee plans;

• section 39, which makes provision for the review of decisions made by the relevant authority in relation to fee plans;

• section 41, which explains the meaning of certain terms used in Part 3 of the 2004 Act.

Article 2 brings relevant provisions into force on 11 February 2011 to enable regulations to be made by the Welsh Ministers.

Articles 3 and 4 bring the remaining provisions of Part 3 of the 2004 Act into force on 31 March 2011 for remaining purposes and where applicable, in relation to Wales.

Footnotes

[^f00001]: 2004 c. 8.

[^f00002]: The functions of the National Assembly for Wales under sections 47(1), 52(3) and 52(6) were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00003]: 1998 c. 30.