# Higher Education (Wales) Act 2015

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# Higher Education (Wales) Act 2015

# 2015 anaw 1

An Act of the National Assembly for Wales to make provision about student fees payable to certain institutions providing higher                        education; to make provision about the quality of education provided by and on behalf of those institutions and about their                        financial management; and for connected purposes.                     

[12 March 2015]

**Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:**                        

## **PART 1**E+WINTRODUCTION

### 1Overview of this ActE+W

(1)This Act has eight Parts.                  

(2)This Part contains an overview of the Act.                  

(3)Part 2 makes provision about fee and access plans. It deals with—                  

(a)the contents of a fee and access plan, including a fee limit;                  

(b)failure to comply with a fee limit or other requirement included in a fee and access plan;                  

(c)the validity of certain contracts;                  

(d)the monitoring of fee and access plans.                  

(4)Part 3 makes provision about the assessment of the quality of education provided by or on behalf of institutions that have                        a fee and access plan, including provision about—                  

(a)powers available for the purposes of assessment;                  

(b)steps that may be taken by HEFCW in respect of education of inadequate quality.                  

(5)Part 4 makes provision about the preparation and publication of a code relating to the organisation and management of the                        financial affairs of institutions that have a fee and access plan, including provision about—                  

(a)compliance with the code;                  

(b)powers available for the purposes of monitoring compliance with the code, and in the case of failure to comply with the code.                  

(6)Part 5 makes provision for circumstances in which—                  

(a)HEFCW may refuse to approve a new fee and access plan for an institution;                  

(b)HEFCW must, or may, withdraw their approval of an institution's fee and access plan.                  

(7)Part 6 makes procedural provision about notices and directions given by HEFCW (including provision about the review of certain                        notices and directions).                  

(8)Part 7 makes supplementary provision about functions of HEFCW, including provision relating to guidance, reports, information                        and advice.                  

(9)Part 8 contains general provisions, including provision about—                  

(a)the exercise of powers to make regulations;                  

(b)the interpretation of terms used in the Act.                  

(10)That Part also introduces a Schedule containing amendments to existing enactments and transitional provision.                  

## **PART 2**E+WFEE AND ACCESS PLANS

### Application for approval of fee and access planE+W

#### 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Contents of fee and access planE+W

#### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Approval etc of fee and access planE+W

#### 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 8Publication of approved planE+W

#### 9Variation of approved planE+W

### Compliance with fee limitE+W

#### 10Limits on student feesE+W

#### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 12Supplementary provision about compliance and reimbursement directionsE+W

### Compliance with general requirements of approved planE+W

#### 13Directions in respect of failure to comply with general requirements of approved planE+W

### ContractsE+W

#### 14Validity of contractsE+W

### Approved plans: compliance and effectivenessE+W

#### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

#### 16Monitoring and evaluating compliance and effectiveness: duty to co-operateE+W

Modifications etc. (not altering text)

C1Pt. 2 modified (1.9.2015) by The Higher Education (Wales) Act 2015 (Consequential Provision) Order 2015 (S.I. 2015/1353), arts. 1(2), **3**

## **PART 3**E+WQUALITY OF EDUCATION

### Assessment of quality of educationE+W

#### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Powers in respect of education of inadequate qualityE+W

#### 18Education of inadequate quality: generalE+W

#### 19Directions in respect of inadequate qualityE+W

#### 20Other measures in respect of inadequate qualityE+W

### Co-operation with quality assessment etcE+W

#### 21Quality assessment etc: duty to co-operateE+W

### Supplementary powers for purpose of quality assessment etcE+W

#### 22Quality assessment etc: powers of entry and inspectionE+W

### Guidance relating to quality of educationE+W

#### 23Guidance about matters relevant to qualityE+W

#### 24Guidance about criteria for assessing qualityE+W

### Advice to HEFCW about quality assessment functionsE+W

#### 25Committee to advise HEFCW about exercise of quality assessment functionsE+W

### SupplementaryE+W

#### 26Application of this Part where institution ceases to have approved planE+W

## **PART 4**E+WFINANCIAL AFFAIRS OF REGULATED INSTITUTIONS

### Financial management codeE+W

#### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 28Procedure for approval of Code by Welsh MinistersE+W

#### 29Procedure if draft Code not approved by Welsh MinistersE+W

#### 30Procedure if draft Code approved by Welsh MinistersE+W

### Monitoring compliance with CodeE+W

#### 31Monitoring compliance with CodeE+W

### Powers in respect of failure to comply with CodeE+W

#### 32Failure to comply with Code: generalE+W

#### 33Directions in respect of failure to comply with CodeE+W

#### 34Other measures in respect of failure to comply with CodeE+W

### Co-operation with monitoring etcE+W

#### 35Financial management: duty to co-operateE+W

### Supplementary powers for purpose of monitoring etcE+W

#### 36Financial management: powers of entry and inspectionE+W

## **PART 5**E+WFEE AND ACCESS PLANS: WITHDRAWAL OF APPROVAL ETC

### Refusal to approve new fee and access planE+W

#### 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Withdrawal of approval of existing fee and access planE+W

#### 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Publication etc of notice under this PartE+W

#### 40Publication etc of notice under this PartE+W

## **PART 6**E+WNOTICES AND DIRECTIONS GIVEN BY HEFCW

### Warning and review procedure for certain notices and directionsE+W

#### 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### General provisions about directions given by HEFCWE+W

#### 45Directions: compliance and enforcementE+W

#### 46Directions: generalE+W

## **PART 7**E+WSUPPLEMENTARY PROVISION ABOUT FUNCTIONS OF HEFCW

### Exercise of functions by HEFCWE+W

#### 47Compatibility with charity law and governing documents of institutionsE+W

#### 48Duty to take into account importance of protecting academic freedomE+W

#### 49Duty to take Welsh Ministers' guidance into accountE+W

### Reports to be made by HEFCWE+W

#### 50Annual reportsE+W

#### 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Other information etc to be given by HEFCWE+W

#### 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 53Information and advice to be given by HEFCW to Welsh MinistersE+W

#### 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 8**E+WGENERAL

### 55RegulationsE+W

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

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

(a)to make different provision for different purposes;                  

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

(3)A statutory instrument containing (whether alone or with other provision) regulations within subsection (4) may not be made                        unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.                  

(4)The regulations within this subsection are—                  

(a)the first regulations to be made under section 2(4);                  

(b)regulations under section 3(4);                  

(c)regulations under section 4(3);                  

(d)the first regulations to be made under section 5(3);                  

(e)regulations under section 6(1);                  

(f)regulations under section 7(3);                  

(g)regulations under section 13;                  

(h)regulations under section 38(2) which amend a provision of this Act;                  

(i)regulations under section 58 which amend or repeal a provision of—                  

(i)an Act of Parliament, or                  

(ii)a Measure or Act of the National Assembly for Wales.                  

(5)Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution                        of the National Assembly for Wales.                  

### 56Directions given by Welsh MinistersE+W

A direction given by the Welsh Ministers under this Act—

(a)must be in writing;                  

(b)may be varied or revoked by a later direction.                  

### 57InterpretationE+W

(1)In this Act—                  
          -  “academic year” (“*blwyddyn academaidd*”) means a period of 12 months;                         
          -  “applicable fee limit” (“*terfyn ffioedd cymwys*”) has the meaning given in section 10;                         
          -  “approved plan” (“*cynllun a gymeradwywyd*”) has the meaning given in section 7;                         
          -  “compliance and reimbursement direction” (“*cyfarwyddyd cydymffurfio ac ad-dalu*”) has the meaning given in section 11;                         
          -  “enactment” (“*deddfiad*”) means a provision contained in any of the following—                          (a)
an Act of Parliament;
(b)
a Measure or Act of the National Assembly for Wales;
(c)
subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an                                    Act of Parliament or under a Measure or Act of the National Assembly for Wales);                                 
 
          -  “equality of opportunity” (“*cyfle cyfartal*”) means equality of opportunity in connection with access to higher education;                         
          -  “excess fees” (“*ffioedd uwchlaw'r terfyn*”) has the meaning given in section 11;                         
          -  “external provider” (“*darparwr allanol*”) has the meaning given in section 17;                         
          -  “fee and access plan” (“*cynllun ffioedd a mynediad*”) has the meaning given in section 2;                         
          -  “fee limit” (“*terfyn ffioedd*”) has the meaning given in section 5;                         
          -  “fees” (“*ffioedd*”) means fees in respect of, or otherwise in connection with, undertaking a course, including admission, registration, tuition                           and graduation fees, and fees payable to an institution for awarding or accrediting any part of the course, but excluding—                          (a)
fees payable for board or lodging;
(b)
fees payable for field trips (including any tuition element of such fees);
(c)
fees payable for attending any graduation or other ceremony;
(d)
any other fees prescribed for the purposes of this section;
 
          -  “general requirements” (“*gofynion cyffredinol*”), in relation to an approved plan, is to be read in accordance with section 6;                         
          -  “governing body” (“*corff llywodraethu*”)—                          (a)
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;                                 
(b)
in relation to a provider designated under section 3, means any persons responsible for the provider's management;
(c)
in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992,                                    but subject to any provision made by virtue of section 90(2) of that Act;                                 
(d)
in relation to an external provider that is not an institution, means any persons responsible for the provider's management;
 
          -  “HEFCW” (“*CCAUC*”) means the Higher Education Funding Council for Wales;                         
          -  “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;                         
          -  “inadequate” (“*annigonol*”), in relation to the quality of education or of a course, has the meaning given in section 18;                         
          -  “institution” (“*sefydliad*”) includes any training provider (whether or not the training provider would otherwise be regarded as an institution);                         
          -  “notice” (“*hysbysiad*”) means notice in writing;                         
          -  “prescribed” (“*rhagnodedig”, ”a ragnodir*”) means prescribed by regulations;                         
          -  “qualifying course” (“*cwrs cymhwysol*”) means a course prescribed under section 5;                         
          -  “qualifying person” (“*person cymhwysol*”) has the meaning given in section 5;                         
          -  “regulated course fees” (“*ffioedd cwrs rheoleiddiedig*”) has the meaning given in section 10;                         
          -  “regulated institution” (“*sefydliad rheoleiddiedig*”) has the meaning given in section 7;                         
          -  “regulations” (“*rheoliadau*”) means regulations made by the Welsh Ministers;                         
          -  “relevant academic year” (“*blwyddyn academaidd berthnasol*”), in relation to an institution to which a fee and access plan relates, has the meaning given in section 5.                         

(2)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).                  

(3)For the purposes of this Act, references to an institution in Wales—                  

(a)are to an institution whose activities are wholly or principally carried on in Wales, and                  

(b)include the Open University.                  

### 58Consequential and transitional provision etcE+W

(1)For minor and consequential amendments, see Part 1 of the Schedule.                  

(2)For transitional provisions, see Part 2 of the Schedule.                  

(3)The Welsh Ministers may by regulations make such—                  

(a)incidental, supplementary or consequential provision, or                  

(b)transitional, transitory or saving provision,                  

as they think appropriate in consequence of, or for giving full effect to, a provision of this Act.

(4)The provision that may be made by regulations under this section includes provision amending, repealing or revoking an enactment.                  

Commencement Information

I1S. 58 partly in force; s. 58(3)(4) in force at Royal Assent, see s. 59(1)(e)

### 59CommencementE+W

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

(a)Part 1;                  

(b)section 55;                  

(c)section 56;                  

(d)section 57;                  

(e)section 58(3) and (4);                  

(f)this section;                  

(g)section 60.                  

(2)The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory                        instrument.                  

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

(a)appoint different days for different purposes;                  

(b)make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.                  

### 60Short title etcE+W

(1)The short title of this Act is the Higher Education (Wales) Act 2015.                  

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

 (introduced by section 58)

## SCHEDULEE+WCONSEQUENTIAL AND TRANSITIONAL PROVISION ETC

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