MS, Minister for Further and
Higher Education: I am pleased to inform members that I have made
two statutory instruments in connection with the implementation
of the Tertiary Education and Research (Wales) Act 2022 (‘the TER
Act') and the bringing into force of the functions of the
Commission for Tertiary Education and Research (‘Medr'), namely:
- The Education (Specified Courses of Higher Education) (Wales)
Regulations 2025 (“the section 89 Regulations”), and
- The Commission for Tertiary Education and Research (Decision
Review) (Wales) Regulations 2025 (“the Decision Review
Regulations”).
Following on from Medr becoming operational last year, its
functions as provided for in the TER Act have been brought into
force in phases, with the most recent phase being delivered in
April of this year.
Looking ahead, I intend to make further subordinate legislation
to bring into force, on 1 April 2026, the next phase of Medr's
functions; primarily in respect of the securing, funding and
inspection of further education and training, along with
provision within section 89 of the TER Act which enables Medr to
fund ‘eligible courses' of higher education. I will provide
further updates to Members in due course.
The section 89 Regulations specify eligible higher education
courses for the purpose of section 89(3) of the TER Act, enabling
Medr to provide funding to providers in connection with:
- courses in preparation for a professional examination, the
standard of which is higher than A-Level examinations or the
examination for the National Certificate or National Diploma of
the Business & Technical Education Council (‘BTEC')
(paragraph 1(g)),
- courses providing education where the standard of those
courses is higher than the standard of courses providing
education in preparation for such examinations (paragraph 1(h)),
and
- courses for the Higher National Diploma or Higher National
Certificate of the BTEC which are identified within an
apprenticeship framework issued under section 19(1) of the
Apprenticeships, Skills, Children and Learning Act 2009.
The policy intention in making these Regulations is two-fold.
Firstly, the Regulations will ensure Medr has sufficient
functions to provide funding for higher education courses of a
similar nature to those currently funded by the Welsh Ministers
through programmes such as higher apprenticeships, the personal
learning account programme and mainstream further education
provision which includes courses that are at a level to be
considered higher education.
Secondly, the Regulations will enable Medr to fund courses
falling within para 1(g) or (h) of the ERA 1988 on an ongoing
basis, reflecting the Welsh Ministers' functions as set out in
section 92 of the TER Act.
Turning to the Decision Review Regulations, these address the
duty within section 79(3) of the TER Act whereby the Welsh
Ministers are required to make regulations in respect of the
arrangements in relation to the review of certain decision made
by Medr. Where Medr chooses to issue a notice or direction
in reliance on certain of its regulatory powers as set out in the
TER Act, the provider in receipt of the notice or direction may
request a review of the decision by an independent person or
panel appointed by the Welsh Ministers.
The Decision Review Regulations make the necessary provision to
enable the process for reviewing relevant decisions made by Medr
to be transparent, allow the provider adequate opportunity to
present evidence and support the completion of the process in a
timely manner.
The Decision Review Regulations are the third of five statutory
instruments required to complete the legislative framework
which will enable Medr to establish the register in relation to
higher education providers in Wales.
I made the first two instruments (the Commission for Tertiary
Education and Research (Registration and De-registration of
Tertiary Education Providers in Wales) Regulations 2024 and the
Tertiary Education and Research (Wales) Act 2022 (Designation of
Providers) Regulations 2024) in November 2024 and in the new year
I intend to make the final two statutory instruments.
Again, I will provide further updates to Members in due course.
