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Statutory Instrument

The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025

Citation
S.I. 2025/1241 (W.)
As at
Sections
9
Section 1Title and coming into force

(1) The title of these Regulations is the Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025.

(2) These Regulations come into force on 25 December 2025.

Section 2Interpretation

In these Regulations—

“ the 2022 Act ” (“ Deddf 2022 ”) means the Tertiary Education and Research (Wales) Act 2022;

“ the Commission ” (“ y Comisiwn ”) means the Commission for Tertiary Education and Research;

“ the decision reviewer ” (“ yr adolygydd penderfyniadau ” ) means the person or panel of persons appointed by the Welsh Ministers under section 79(1) of the 2022 Act;

“ the parties ” (“ y partïon ”) means the applicant and the Commission.

Section 3Applying for a review

For the purposes of sections 45 and 78 of the 2022 Act, an application for a review must be made to the decision reviewer—

(a) in writing, and

(b) within 40 days of the date on which the applicant is notified of the decision or receives the notice or direction.

Section 4Applying for a review

An application must specify the grounds on which a review is sought and contain—

(a) a copy of the decision, notice or direction to be reviewed, including any reasons given by the Commission, and

(b) any supporting information the applicant wishes the decision reviewer to consider.

Section 5Recommendations by the decision reviewer

The decision reviewer may recommend that—

(a) the Commission should take no action, where the decision reviewer finds no or insufficient reason for the Commission to reconsider the decision, notice or direction, or

(b) the Commission should reconsider its decision, where—

(i) the Commission has failed to comply with a procedural requirement,

(ii) the applicant has provided new information,

(iii) the decision reviewer finds the Commission has not considered any relevant fact, or

(iv) the decision reviewer considers the decision to be disproportionate.

Section 6The review procedure

On receipt of an application for a review, the decision reviewer must—

(a) send the Commission a copy of the application and any supporting information, and

(b) tell the parties how long the decision reviewer believes the review will take.

Section 7The review procedure

(1) The decision reviewer may—

(a) request additional information from the parties, and

(b) invite the parties to make further representations in response to any additional information.

(2) The parties must respond to any request for additional information within 28 days of receiving the request.

(3) If the decision reviewer requests additional information or representations from a party, it must send the other party a copy of—

(a) any request for additional information or representations, and

(b) any additional information or representations provided.

Section 8The review procedure

The decision reviewer must produce a written recommendation and send it to the parties.

Section 9The Commission’s duties after a review

On receipt of a recommendation from the decision reviewer, the Commission must—

(a) reconsider its decision, notice or direction, if recommended to do so, and

(b) notify the applicant of the outcome of its reconsideration, including its reasons, within 40 days of receiving the recommendation.

9 sections

Cite this legislation

The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2025-1241

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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