MS, 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 Funding 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 and laid
the Tertiary Education and
Research (Wales) Act 2022 (Consequential Amendments) (No. 2)
Order 2024 before the UK Parliament. This Order provides for
consequential amendments to the following legislation:
- The Charities (Accounts and Reports) Regulations 2008
– substituting references to HEFCW with references to the
Commission, so that charities who receive financial support
from funds administered by the Commission fall within the
definition of “special case charity” for the purposes of these
Regulations.
- The Charities (Exception from Registration) Regulations
2010 - substituting references to HEFCW with references to
the Commission, for the purposes of ensuring that institutions
that previously fell within a category listed in regulation 3
will continue to be exempt from the duty to register with the
Charity Commission.
