The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025

• Citation: S.I. 2025/432 (W.)
• Sections: 18

Section 1 Title and interpretation

(1) The title of this Order is the Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025.

(2) In this Order—

“ the 2013 Act ” (“ Deddf 2013 ”) means the School Standards and Organisation (Wales) Act 2013 ;

“ the 2015 Act ” (“ Deddf 2015 ”) means the Higher Education (Wales) Act 2015 ;

“ the 2015 Regulations ” (“ Rheoliadau 2015 ”) means the Higher Education (Fee and Access Plans) (Notices and Directions) (Wales) Regulations 2015 ;

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

“ the Commission ” (“ y Comisiwn ”) means the Commission for Tertiary Education and Research established by section 1 of the Act;

“ governing body ” (“ corff llywodraethu ”) has the meaning given by section 57(1) of the 2015 Act;

“ registered provider ” (“ darparwr cofrestredig ”) has the meaning given by section 144(1) of the Act;

“ regulated institution ” (“ sefydliad rheoleiddiedig ”) has the meaning given by section 7(5)(b) of the 2015 Act.

Section 2 Provisions coming into force on 5 April 2025

The following provisions of the Act come into force on 5 April 2025—

(a) section 25(2), (3), (5), (6) and (8) to (11) (the register) in so far as not already in force;

(b) section 27 (initial registration conditions) in so far as not already in force;

(c) section 28 (general ongoing registration conditions) in so far as not already in force;

(d) section 29 (specific ongoing registration conditions);

(e) section 30 (proportionate conditions etc.) in so far as not already in force;

(f) section 31 (mandatory ongoing registration conditions for each registered provider) in so far as not already in force;

(g) section 32 (mandatory ongoing registration condition on fee limits) in so far as not already in force;

(h) section 35 (Commission duty to give guidance about ongoing registration conditions) in so far as not already in force;

(i) section 36 (Commission duty to monitor compliance with ongoing registration conditions) in so far as not already in force;

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

(k) section 38 (reviews relevant to compliance with ongoing registration conditions);

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

(m) section 40 (supplementary provision about directions under section 39);

(n) section 41 (de-registration) in so far as not already in force;

(o) section 42 (de-registration: procedure);

(p) section 43 (voluntary de-registration and de-registration with consent) in so far as not already in force;

(q) section 44 (change of registration category without application);

(r) section 45 (registration decision reviews);

(s) section 47 (approval of fee limit statement) in so far as not already in force;

(t) section 48 (publication of approved fee limit statement);

(u) section 56 (exercise of higher education assessment functions by a designated body);

(v) section 73 (duty to co-operate);

(w) section 74 (powers of entry and inspection);

(x) section 75 (application of sections 76 to 78);

(y) section 76 (proposed notices and directions: requirement to give warning notice);

(z) section 77 (information to be given with notices and directions and effect pending review);

(aa) section 78 (review of notices and directions);

(bb) section 79 (decision reviewer);

(cc) section 81(1), (2), (3)(b) and (4) (Commission’s statement on intervention functions);

(dd) section 82 (effect and enforcement of directions);

(ee) section 83 (designation of other providers of tertiary education) in so far as not already in force;

(ff) section 84 (interpretation of Part 2) in so far as not already in force;

(gg) section 87(1), (3) and (4) (policy on funding powers) in so far as not already in force;

(hh) section 101(3) (school sixth-forms) in so far as not already in force;

(ii) section 126 (learner protection plans);

(jj) section 129 (learner engagement code);

(kk) in Schedule 1 (Commission for Tertiary Education and Research)—

(i) paragraph 16(1)(g);

(ii) paragraph 16(1)(h);

(ll) in Schedule 4 (minor and consequential amendments)—

(i) paragraph 8(8);

(ii) paragraph 11;

(iii) paragraph 29(1) to (4), (6) to (8) and (10) to (13).

Section 3 Provisions coming into force on 5 April 2025 to the extent specified

The following provisions of the Act come into force on 5 April 2025 to the extent specified in relation to each such provision—

(a) section 33 (mandatory ongoing registration conditions on equal opportunity), for the purposes of enabling the Commission to—

(i) consult under section 28(7) of the Act in relation to any general ongoing registration conditions on equal opportunity;

(ii) prepare for ongoing registration conditions on equal opportunity that may be imposed as specific ongoing registration conditions under section 29 of the Act;

(b) section 87(5) in so far as not already in force, except in relation to sections 88 (financial support to specified providers for higher education), 89 (financial support for higher education courses specified in regulations) and 105 (financial support for research and innovation) of the Act;

(c) paragraph 6 (oversight by the Commission) of Schedule 3 (assessing higher education: designated body), for the purposes of enabling the Commission to prepare arrangements under that paragraph.

Section 4 Provisions coming into force on 5 April 2025 subject to transitory provisions

(1) Section 81(3)(a) of the Act comes into force on 5 April 2025 subject to the modification set out in paragraph (2), which applies during the period beginning with 5 April 2025 and ending with 31 July 2026.

(2) Section 81(3)(a) has effect as if the reference to registered provider were to regulated institution.

Section 5 Provisions coming into force on 5 April 2025 subject to transitory provisions

(1) Part 1 (designation) of Schedule 3 to the Act comes into force on 5 April 2025 subject to the modifications set out in paragraphs (2) to (4), which apply during the period beginning with 5 April 2025 and ending with 31 July 2026.

(2) Paragraph 1(3)(b)(i) of Schedule 3 has effect as if the reference to registered provider providing higher education were to regulated institution.

(3) Paragraph 2(2)(b) and (c) of Schedule 3 has effect as if both references to registered providers providing higher education were to regulated institutions.

(4) Paragraph 3(4)(b)(i) of Schedule 3 has effect as if the reference to registered provider providing higher education were to regulated institution.

Section 6 Provisions coming into force on 5 April 2025 subject to transitional provisions

(1) Paragraph 29(5) of Schedule 4 to the Act comes into force on 5 April 2025 subject to the transitional provision set out in paragraph (2).

(2) Section 50(1) (approval by Welsh Ministers) of the 2013 Act continues to apply on and after 5 April 2025 as it had effect immediately before that date in relation to proposals published under section 48 (publication and consultation) of that Act before 5 April 2025.

Section 7 Provisions coming into force on 5 April 2025 subject to transitional provisions

(1) Paragraph 29(9) of Schedule 4 to the Act comes into force on 5 April 2025 subject to the transitional provision set out in paragraph (2).

(2) Section 80(3) (notice by governing body to discontinue foundation or voluntary school) of the 2013 Act continues to apply on and after 5 April 2025 as it had effect immediately before that date in relation to consultations commenced under section 80(3) of that Act before 5 April 2025.

Section 8 Provisions coming into force on 5 April 2025 to the extent specified and subject to transitory provisions

(1) Sections 51 (duty to monitor, and promote improvement in, the quality of regulated tertiary education) to 53 (reviews relevant to quality of tertiary education) of the Act come into force on 5 April 2025 for the purposes of enabling the Commission to publish a statement setting out how it proposes to exercise its intervention functions, pursuant to section 81(1) of the Act, subject to the modifications in paragraphs (5) and (6).

(2) Section 54 (assessment of quality of higher education) of the Act comes into force on 5 April 2025 for the purposes of enabling the Commission to designate a body under Schedule 3 to the Act, subject to the modification in paragraph (7).

(3) The modification to the Act, set out in paragraph (5)(a), applies during the period beginning with 5 April 2025 and ending immediately before the coming into force of paragraph 6(3)(c) of Schedule 4 to the Act.

(4) The modifications to the Act set out in paragraphs (5)(b), (6) and (7) apply during the period beginning with 5 April 2025 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

(5) Section 51(b) of the Act has effect as if the reference to tertiary education funded or otherwise secured by the Commission does not include tertiary education—

(a) funded by the Commission pursuant to its powers in section 65 of the Further and Higher Education Act 1992 ;

(b) provided by, or on behalf of, a regulated institution that is not a registered provider.

(6) Sections 52(1)(b) and (c) (advice and assistance in respect of quality of tertiary education) and 53(b) and (c) of the Act have effect as if the references to tertiary education, or a particular course of tertiary education, do not include tertiary education, or a particular course of tertiary education, provided by, or on behalf of, a regulated institution that is not a registered provider.

(7) Section 54(3) of the Act has effect as if the Commission’s power to assess, or make arrangements for the assessment of, the quality of higher education provided in Wales by any tertiary education provider does not include higher education provided in Wales by, or on behalf of, a regulated institution that is not a registered provider.

(8) In this article, “higher education” and “tertiary education” have the meanings given by section 144(1) of the Act.

Section 9

Section 26 (registration procedure) comes into force on 1 January 2026.

Section 10

Section 25(1) and (4) in so far as not already in force comes into force on 31 July 2026.

Section 11 Transitory provision relating to section 1 of the 2015 Act

(1) The modifications to section 1 of the 2015 Act set out in paragraph (2) apply during the period beginning with 31 July 2026 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

(2) Section 1(4) and (5) has effect as if both references to institutions that have a fee and access plan were to institutions that have a fee and access plan other than institutions that are also registered providers.

Section 12 Disapplication of certain provisions of the 2015 Act

(1) The provisions of the 2015 Act within paragraph (2) do not apply in relation to a regulated institution after it becomes a registered provider.

(2) The provisions are—

(a) Part 3 (quality of education);

(b) Part 4 (financial affairs of regulated institutions);

(c) section 37(3)(d) and (e) (notice of refusal to approve new fee and access plan);

(d) section 39(2)(c) and (d) (power to withdraw approval);

(e) section 52(5)(c) to (f) (statement in respect of intervention functions);

(f) section 52(5)(g) in so far as it relates to section 37(3)(d) and (e);

(g) section 52(5)(h) in so far as it relates to section 39(2)(c) and (d).

(3) In paragraph (1), a regulated institution includes an institution that is treated as a regulated institution by virtue of section 26 (application of this Part where institution ceases to have approved plan) of the 2015 Act.

Section 13 Warning notices under the 2015 Act

(1) This article applies where the Commission has given a regulated institution a warning notice within paragraph (3) and the institution becomes a registered provider.

(2) Despite the warning notice, after the regulated institution becomes a registered provider the Commission may not give it a direction nor notice under the provisions mentioned in paragraph (3).

(3) A warning notice is within this paragraph if it is given under section 42 (proposed notices and directions: requirement to give warning notice) of the 2015 Act and it relates to—

(a) a proposed direction under—

(i) section 19 (directions in respect of inadequate quality) of that Act;

(ii) section 33 (directions in respect of failure to comply with Code) of that Act;

(b) a proposed notice under—

(i) section 37(1) of that Act in connection with the condition in section 37(3)(d) or (e) of that Act;

(ii) section 39(1) of that Act in connection with the condition in section 39(2)(c) or (d) of that Act.

Section 14 Directions under the 2015 Act which are not in force

(1) This article applies to a direction given by the Commission to a regulated institution that becomes a registered provider.

(2) After the regulated institution becomes a registered provider, a direction within paragraph (3) and to which paragraph (4) applies is to be treated as having been revoked.

(3) A direction is within this paragraph if it is given under—

(a) section 19 of the 2015 Act;

(b) section 33 of the 2015 Act.

(4) This paragraph applies to a direction given where the governing body of the institution has—

(a) not notified the Commission in writing that it accepts the direction and the period for making an application for a review under regulation 8 (procedure to apply for a review of notices and directions) of the 2015 Regulations has not expired, or

(b) made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—

(i) not concluded, or

(ii) concluded but the Commission has not notified the governing body in writing that the direction has effect.

(5) In paragraph (4)(a), notification to the Commission in writing means notification under regulation 4(a) (treatment of notices and directions) of the 2015 Regulations.

Section 15 Notices under the 2015 Act which are not in force

(1) This article applies to a notice given by the Commission to a regulated institution that becomes a registered provider.

(2) After the regulated institution becomes a registered provider, a notice within paragraph (3) and to which paragraph (4) applies is to be treated as having been withdrawn.

(3) A notice is within this paragraph if it is given under—

(a) section 37(1) of the 2015 Act in connection with the condition in section 37(3)(d) or (e) of that Act, or

(b) section 39(1) of the 2015 Act in connection with the condition in section 39(2)(c) or (d) of that Act.

(4) This paragraph applies to a notice given where the governing body of the institution has—

(a) not notified the Commission in writing that it accepts the notice and the period for making an application for a review under regulation 8 of the 2015 Regulations has not expired, or

(b) made an application to the review panel under regulation 8 of the 2015 Regulations and the review has—

(i) not concluded, or

(ii) concluded but the Commission has not notified the governing body in writing that the notice has effect.

(5) In paragraph (4)(a), notification to the Commission in writing means notification under regulation 4(a) of the 2015 Regulations.

Section 16 Certain notices under the 2015 Act which are in force

(1) Nothing in this Part affects the application of a notice which is—

(a) within paragraph (2), and

(b) in effect in relation to an institution immediately before that institution becomes a registered provider.

(2) A notice is within this paragraph if it is given under—

(a) section 37(1) of the 2015 Act in connection with the condition in section 37(3)(d) or (e) of that Act;

(b) section 39(1) of the 2015 Act in connection with the condition in section 39(2)(c) or (d) of that Act.

(3) A notice is in effect if the governing body of the institution to which the notice is addressed—

(a) has given notice in writing under regulation 4(a) of the 2015 Regulations that it accepts the notice,

(b) is not able to apply for a review under regulation 8 of the 2015 Regulations due to the period for making an application to the review panel having expired, or

(c) has received notification under regulation 10(2) (post review procedure) of the 2015 Regulations that the notice has effect following the conclusion of a review in respect of the notice.

(4) In paragraph (1), a notice given under section 37 of the 2015 Act is not in effect if—

(a) the period specified in the notice has expired, or

(b) the notice has been withdrawn under section 37(6) of the 2015 Act.

Section 17 Directions under the 2015 Act which are in force

(1) A direction within paragraph (2) that is in effect does not apply after the regulated institution to which the direction was given becomes a registered provider.

(2) A direction is within this paragraph if it is given under any of the following sections of the 2015 Act—

(a) section 19;

(b) section 21(3) (quality assessment etc: duty to co-operate);

(c) section 33;

(d) section 35(2) (financial management: duty to co-operate).

(3) A direction within paragraph 2(a) or (c) is in effect—

(a) if the governing body of the institution to which the direction is addressed—

(i) has notified the Commission in writing under regulation 4(a) of the 2015 Regulations that it accepts the direction,

(ii) is not able to apply for a review under regulation 8 of the 2015 Regulations due to the period for making an application to the review panel having expired, or

(iii) has received notification in writing from the Commission that the direction has effect following the conclusion of a review in respect of that direction,

(b) if the Commission has not revoked the direction under section 46(b) (directions: general) of the 2015 Act, and

(c) to the extent that the Commission has not given notice under section 45(3) (directions: compliance and enforcement) of the 2015 Act to the governing body of the institution to which the direction is addressed stating that the Commission is satisfied that the body has complied with—

(i) the direction, or

(ii) a particular requirement of the direction.

(4) In paragraph (1), a direction includes a direction which has been varied under section 46(b) of the 2015 Act.

Section 18 Statement in respect of intervention functions under the 2015 Act

(1) In so far as it relates to the provisions of the 2015 Act listed in paragraph (2), a statement published under section 52 of that Act does not apply in relation to a regulated institution after it becomes a registered provider.

(2) The provisions of the 2015 Act are—

(a) section 19;

(b) section 20(1) and (2);

(c) section 33;

(d) section 34;

(e) section 37(3)(d) and (e);

(f) section 39(2)(c) and (d).