Higher Education (Wales) Act 2015

PART 2TRANSITIONAL PROVISION

Plans approved under the Higher Education Act 2004

27Paragraph 28 applies to the extent that a 2004 Act plan specifies, or provides for the determination of, a limit which is not to be exceeded by the fees payable by a person who is a qualifying person—

(a)in connection with the person’s undertaking a course that is a qualifying course, and

(b)in respect of an academic year applicable to the course and beginning during the transitional period (a “transitional academic year”).

28The plan is to be treated during the transitional period as being a fee and access plan that has been approved under section 7, for the purposes of—

(a)section 4(4)(b);

(b)sections 10 to 12, 14, 15(1)(a) and 16;

(c)sections 17 to 23;

(d)section 24(2)(a);

(e)section 28(2);

(f)sections 51(1)(e), 52(3) and 54(1);

(g)any other enactment, whenever enacted or made, specified in regulations (an “applied enactment”).

But this is subject to any provision made under paragraph 30.

29(1)For this purpose—

(a)the plan is to be treated as having been approved under section 7 on the day on which this paragraph comes into force;

(b)the period that is the transitional period (see sub-paragraph (2)) is to be treated as being the period specified in the plan under section 4;

(c)the limit provided by the plan for a course and a transitional academic year is to be treated as being the applicable fee limit for the course and academic year in question;

(d)the institution to which the plan relates is to be treated as being a regulated institution.

(2)The transitional period is the period beginning with the coming into force of this paragraph and ending with 31 August 2017.

(3)A “2004 Act plan” is a plan approved in relation to Wales, under section 34 of the Higher Education Act 2004, before the coming into force of this paragraph.

30(1)Regulations may make provision about the application of a provision referred to in paragraph 28(a) to (f), or an applied enactment, to a 2004 Act plan during the transitional period.

(2)The regulations may (among other things) provide that a provision or an applied enactment—

(a)is not to apply to a 2004 Act plan during the transitional period, or

(b)is to apply with modifications.

Members of Quality Assessment Committee

31(1)This paragraph applies to a person who, immediately before the coming into force of section 25, is a member of the Quality Assessment Committee established by HEFCW under section 70(1)(b) of the Further and Higher Education Act 1992 (“the old committee”).

(2)On the coming into force of section 25, the person becomes a member of the committee established by HEFCW under that section (“the new committee”).

(3)The person’s membership of the new committee is—

(a)on the same terms as the person’s appointment to the old committee, and

(b)for a period equivalent to the period of that appointment which remains on the coming into force of section 25.