The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025
Source: legislation.gov.uk (2025-11-27)

These Regulations make provision in relation to reviews of decisions made, and notices and directions given, by the Commission for Tertiary Education and Research (“the Commission”) under sections 45 and 78 of the Tertiary Education and Research (Wales) Act 2022.

Welsh Statutory Instruments

2025 No. 1241 (W. 200)

Education, Wales

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

Made

25 November 2025

Laid before Senedd Cymru

27 November 2025

Coming into force

25 December 2025

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 79(3) and (4) of the Tertiary Education and Research (Wales) Act 2022(1 (\"#f00001\")).

Title and coming into force

1.—(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.

Interpretation

2. 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.

Applying for a review

3. 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.

4. 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.

Recommendations by the decision reviewer

5. 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.

The review procedure

6. 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.

7.—(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.

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

The Commission’s duties after a review

9. 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.

Vikki Howells

Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers

25 November 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to reviews of decisions made, and notices and directions given, by the Commission for Tertiary Education and Research (“the Commission”) under sections 45 and 78 of the Tertiary Education and Research (Wales) Act 2022.

Regulations 3 and 4 set out the procedure to be followed when applying for a review.

Regulation 5 specifies the recommendations that may be made by the decision reviewer and the grounds for those recommendations.

Regulations 6 to 8 deal with the powers and duties of the decision reviewer, the applicant and the Commission during the review process.

Regulation 9 requires the Commission to respond to a recommendation in which the decision reviewer recommends it to reconsider.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Tertiary Education Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2022 asc 1 (\"http://www.legislation.gov.uk/id/asc/2022/1\").