The Higher Education Act 2004 (Relevant Authority) (Designation) (Wales) Regulations 2011

• Citation: S.I. 2011/658 (W.)
• Sections: 3

Section 1 Title, commencement, application and interpretation

The title of these Regulations is the Higher Education Act 2004 (Relevant Authority) (Designation) (Wales) Regulations 2011 and they come into force on 31 March 2011.

Section 2 Designation

The Higher Education Funding Council for Wales is designated as the relevant authority in relation to Wales for the purposes of section 30 of the Higher Education Act 2004.

Section 3 Amendments to the Higher Education Act 2004

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

(2) After section 40 insert—

Provision of reports, information and advice by the relevant authority in relation to Wales

(40A)

(1) The relevant authority in relation to Wales must provide to the Welsh Ministers as soon as possible after the end of each financial year, a report on how the relevant authority has performed its functions during that year.

For this purpose, “financial year” means a period of 12 months ending on 31 March.

(2) The Welsh Ministers may require the relevant authority either in a report under subsection (1) or in a special report, to report to them on such matters related to the promotion of equality of opportunity in connection with access to higher education and the promotion of higher education as the Welsh Ministers may specify.

(3) The relevant authority in relation to Wales—

(a) must provide the Welsh Ministers with such information and advice relating to the promotion of equality of opportunity in connection with access to higher education and the promotion of higher education as the Welsh Ministers may from time to time require;

(b) may provide the Welsh Ministers with such information or advice relating to the promotion of equality of opportunity in connection with access to higher education and the promotion of higher education as it thinks fit.

(4) The relevant authority in relation to Wales may, where it considers it appropriate to do so—

(a) identify good practice relating to the promotion of equality of opportunity in connection with access to higher education (whether full-time or part-time) and the promotion of higher education, and

(b) give advice about such practice to publicly-funded institutions.

For this purpose, “publicly-funded institution” means any institution receiving grants, loans or other payments from the Higher Education Funding Council for Wales under section 65 of the 1992 Act or under section 86 of the 2005 Act.