Higher Education (Wales) Act 2015 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Background

  3. Summary of the Act

  4. Commentary on Sections of the Act

    1. Part 1 – Introduction

      1. Section 1 - Overview of the Act

    2. Part 2 – Fee and Access Plans

      1. Section 2 – Application by institution for HEFCW’s approval of fee and access plan

      2. Section 3 – Designation of other providers of higher education

      3. Section 4 – Period to which plan relates

      4. Section 5 – Fee limit

      5. Section 6 – Promotion of equality of opportunity and higher education

      6. Section 7 – Approval of fee and access plan

      7. Section 8 – Publication of approved plan

      8. Section 9 – Variation of approved plan

      9. Section 10 – Limits on student fees

      10. Section 11 – Compliance and reimbursement directions

      11. Section 12 – Supplementary provision about compliance and reimbursement directions

      12. Section 13 – Directions in respect of failure to comply with general requirements of approved plan

      13. Section 14 – Validity of contracts

      14. Section 15 – HEFCW’s duty to monitor and evaluate compliance and effectiveness

      15. Section 16 – Monitoring and evaluating compliance and effectiveness: duty to co-operate

    3. Part 3 – Quality of Education

      1. Section 17 – Assessment of quality of education

      2. Sections 18 to 20 – Education of inadequate quality

      3. Section 21 – Quality assessment etc: duty to co-operate

      4. Section 22 – Quality assessment etc: powers of entry and inspection

      5. Section 23 – Guidance about matters relevant to quality

      6. Section 24 – Guidance about criteria for assessing quality

      7. Section 25 – Committee to advise HEFCW about exercise of quality assessment functions

      8. Section 26 – Application of Part 3 where institution ceases to have approved plan

    4. Part 4 – Financial Affairs of Regulated Institutions

      1. Section 27 – HEFCW’s duty to prepare and publish a Code

      2. Sections 28 – Procedure for approval of Code by Welsh Ministers

      3. Section 29 – Procedure if draft Code not approved by Welsh Ministers

      4. Section 30 – Procedure if draft Code approved by Welsh Ministers

      5. Section 31 – Monitoring compliance with the Code

      6. Sections 32 to 34 – Failure to comply with Code

      7. Section 35 – Financial management: duty to co-operate

      8. Section 36 - Financial management: powers of entry and inspection

    5. Part 5 – Fee and Access Plans: Withdrawal of Approval etc

      1. Section 37 – Notice of refusal to approve new fee and access plan

      2. Section 38– Duty to withdraw approval

      3. Section 39 - Power to withdraw approval

      4. Section 40 – Publication etc. of notice under Part 5

    6. Part 6 – Notices and directions given by HEFCW

      1. Section 41 – Application of sections 42 to 44

      2. Section 42 – Proposed notices and directions: requirement to give warning notice

      3. Section 43 – Information to be given with notices and directions

      4. Section 44– Review of notices and directions

      5. Section 45 – Directions: compliance and enforcement

      6. Section 46 – Directions: general

    7. Part 7 – Supplementary provision about functions of HEFCW

      1. Section 47 – Compatibility with charity law and governing documents of institutions

      2. Section 48 – Duty to take into account importance of protecting academic freedom

      3. Section 49 – Duty to take Welsh Ministers’ guidance into account

      4. Section 50 – Annual reports

      5. Section 51 – Special reports

      6. Section 52– Statement in respect of intervention functions

      7. Section 53 – Information and advice to be given by HEFCW to Welsh Ministers

      8. Section 54 – Other information and advice

    8. Part 8 – General

      1. Sections 55 and 56 – Regulations and Directions

      2. Section 58 – Consequential and transitional provision etc

      3. Schedule

      4. Section 59 – Commencement

      5. Section 60 – Short title etc

  5. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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