MS, Minister for Further and
Higher Education: I am pleased to inform Members that I have made
the Tertiary Education and Research (Wales) Act 2022
(Commencement No. 5 and Transitory and Transitional Provisions)
Order 2025 (‘the Order'), along with the Tertiary Education and
Research (Wales) Act 2022 (Consequential Amendments) Regulations
2025, following the agreement of the latter in plenary this week.
Following on from Medr becoming operational last summer, these
instruments deliver the next phase of Medr's functions, as
provided for in the Tertiary Education and Research (Wales) Act
2022 (‘the 2022 Act'), and also ensures the necessary amendments
are reflected in the statute book.
The Order brings into force, on 5 April 2025, a range of duties
on Medr which will help deliver a number of key reforms, these
relate to:
- the development of a learner engagement code, setting out how
providers are to engage learners in the making of decisions and
ensure the views of learners are reflected in those
decisions. Providers funded by, or registered with, Medr
will be required to comply with the Code and Medr will monitor
compliance with the Code and report on its effectiveness.
- the development of guidance to support providers of tertiary
education in the preparation of learner protection plans. Medr
will be able to require certain providers to submit learner
protection plans to it, for approval by Medr. These plans will
set out the arrangements being made by providers to protect the
interests of students who are on courses that cease to be
provided or who wish to transfer to another course.
- the preparation of a statement setting out how it intends to
exercise its funding functions, with a specific focus on ensuring
transparency in relation to its funding decisions.
The Order also brings into force amendments to the School
Standards and Organisation (Wales) Act 2013 (‘the 2013 Act') in
respect of the reorganisation of school sixth forms. These
amendments remove the Welsh Ministers' powers to make proposals
to restructure local authority maintained school sixth form
education and gives Medr powers in relation to the restructuring
of sixth form education.
The amended 2013 Act provides Medr with a legislative framework
that enables it to take a strategic approach, offering a wider
perspective to school sixth-form provision and ensuring it can
support choice, progression and avoid unnecessary
duplication. These amendments do not, however, remove
protections or safeguards – for example in respect of Welsh
language provision – these remain as requirements within that Act
and also within the statutory school organisation code
A core aspect of the 2022 Act is the establishment, by Medr, of a
register of tertiary education providers, which will provide the
legal mechanism for the regulatory oversight of registered
providers in Wales in receipt of public funds. The Order
brings into force all provisions within TERA that are necessary
to enable Medr to progress with the establishment of the
register, including its development of its full regulatory regime
and the acceptance and processing of applications to the
register.
To support its regulatory oversight, Medr is provided with a
range of intervention functions relating to monitoring the
compliance of registered providers with the registration
conditions and assessing the quality of the tertiary education
being provided. The 2022 Act requires Medr to prepare a
statement setting out how it will exercise each of its
intervention functions, and this duty will come into force on 5
April 2025.
Looking ahead, I will be issuing a consultation on the
8th of this month setting out our proposed approach to
the remaining subordinate legislation necessary to complete the
legislative framework that will underpin the register. This
comprises of two statutory instruments, the first of which will
prescribe the tuition fee limits, with the second specifying both
‘qualifying persons' and ‘qualifying courses' for the purposes of
the fee limits
The consultation will also set out the proposed approach to the
designation of higher education courses for Welsh Government
student support following the establishment of the register.
