, Cabinet Secretary for
Education: The Tertiary Education and Research (Wales) Act
2022 (the 2022 Act) provides for the establishment of the
Commission for Tertiary Education and Research (the Commission)
and the dissolution of the Higher Education Function Council for
Wales (HEFCW).
The Commission will be the first ever national steward for the
whole tertiary education and research sector, bringing together
responsibility for overseeing Wales' higher and further
education, school sixth forms, apprenticeships and research and
innovation in one place. Through the reforms provided for
in the 2022 Act we are seeking to shape a new structure and
system to better support learners, and provide them with the
knowledge and skills for lifelong learning, development and
success.
A small number of technical amendments that are outside the
Senedd’s legislative competence are required as a consequence of
the 2022 Act.
When issues arising from Senedd legislation require amendments to
legislation beyond the Senedd’s legislative competence, an Order
under section 150 ‘Power to make consequential provision’ of the
Government of Wales Act 2006 can be developed in partnership with
the Westminster Government.
The Secretary State for Wales has made the Tertiary
Education and Research (Wales) Act 2022 (Consequential
Amendments) Order 2024. This Order provides for consequential
amendments to the following legislation to remove references to
HEFCW, add references to the Commission and make technical
amendments in relation to provisions that are being repealed as a
consequence of the 2022 Act:
- House of Commons Disqualification Act 1975 - removing the
reference to members of HEFCW in receipt of remuneration and
inserting reference to members of the Commission in receipt of
remuneration so that any member of the Commission in receipt of
remuneration will be disqualified from membership of the House of
Commons.
- Further and Higher Education Act 1992 – substituting
references to HEFCW and the Welsh Ministers with a reference to
the Commission so that the Commission will be defined as a
relevant authority for the purposes of section 82 of that Act and
must, if directed to do so by the Secretary of State, make
provision jointly with another relevant authority, or the
Secretary of State, in relation to quality assessment of higher
education.
- Freedom of Information Act 2000 – specifying the Commission
as a public authority for the purposes of that Act and removing
reference to HEFCW. Replacing the definition of an institution in
Wales.
- Counter-Terrorism and Security Act 2015 – substituting
reference to HEFCW with a reference to the Commission to enable
the Secretary of State, by notice, to delegate the functions of a
monitoring authority in relation to relevant higher education
bodies in Wales to the Commission.
- Higher Education and Research Act 2017 – substituting
reference to HEFCW with reference to the Commission to enable the
Commission to exercise its funding functions jointly with another
relevant authority, where exercising the function jointly would
be more efficient, or would enable them more effectively to
exercise their functions. Removing amendments which are
superseded by amendments made by this Order.
This statement is being issued during recess in order to keep
members informed. Should members wish me to make a further
statement or to answer questions on this when the Senedd returns
I would be happy to do so.
