Statutory Instruments
2024 No. 433
Constitutional Law
Education, Wales
Devolution
The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2024
Made
25th March 2024
Coming into force in accordance with articles 1(2) and (3)
The Secretary of State, in exercise of the powers conferred by section 150(1)(a) and (2)(a), and section 157(2)(c) of the Government of Wales Act 2006( 1 ), makes the following Order.
In accordance with section 150(5) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement and extent
1. —(1) This Order may be cited as the Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2024.
(2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.
(3) Articles 2(2), 3, 4(2), 4(3)(a), 5 and 6 come into force on the later of—
(a) the day on which section 23 of the Tertiary Education and Research (Wales) Act 2022( 2 ) comes into force, and
(b) the day after the day on which this Order is made.
(4) An amendment or revocation made by this Order has the same extent as the provision amended or revoked.
House of Commons Disqualification Act 1975
2. —(1) Part 3 of Schedule 1( 3 ) to the House of Commons Disqualification Act 1975( 4 ) (other disqualifying offices) is amended as follows.
(2) Omit—
“ Any member of the Higher Education Funding Council for Wales in receipt of remuneration. ”
(3) At the appropriate place insert—
“ Any member of the Commission for Tertiary Education and Research in receipt of remuneration. ”
Further and Higher Education Act 1992
3. In section 82 of the Further and Higher Education Act 1992( 5 ) (joint exercise of functions), in subsection (3)(a)( 6 ), for “the HEFCW, the Welsh Ministers to the extent that they are discharging their functions under Part 2 of the Learning and Skills Act 2000” substitute “the Commission for Tertiary Education and Research” .
Freedom of Information Act 2000
4. —(1)Schedule 1 to the Freedom of Information Act 2000( 7 ) (public authorities) is amended as follows.
(2) In Part 4, in paragraph 53, for sub-paragraph (2)(c)( 8 ) substitute—
“ (c) in paragraph (c)—
(i) the reference to an institution in Wales is to an institution whose activities are carried on, or principally carried on, in Wales, but includes the Open University, and
(ii) “ higher education corporation ” has the meaning given by section 90(1) of the Further and Higher Education Act 1992, and ” .
(3) In Part 6—
(a) omit “The Higher Education Funding Council for Wales.”;
(b) at the appropriate place insert “The Commission for Tertiary Education and Research.”
Counter-Terrorism and Security Act 2015
5. In section 32 of the Counter-Terrorism and Security Act 2015( 9 ) (monitoring of performance: further and higher education bodies), in subsection (5)(b), for “Higher Education Funding Council for Wales” substitute “Commission for Tertiary Education and Research” .
Higher Education and Research Act 2017
6. In section 113 of the Higher Education and Research Act 2017( 10 ) (joint working), in subsection (3), for paragraph (c), substitute—
“ (c) the Commission for Tertiary Education and Research, ” .
David TC Davies
Secretary of State
Wales Office
25th March 2024
There are amendments to Part 3 of Schedule 1 which are not relevant to this Order.
Section 82(3)(a) was amended by S.I. 2005/3238 , Schedule 1, paragraph 25(b) and (c); S.I. 2010/1080 , Schedule 1, paragraph 24; the Education Act 2011 (c. 21) , Schedule 12, paragraph 36(4); the Deregulation Act 2015 (c. 20) , Schedule 14, paragraph 39; the Higher Education and Research Act 2017 (c. 29) , Schedule 11, paragraph 23(5).
Paragraph (c) was amended by the Higher Education and Research Act 2017, Schedule 11, paragraph 29(3)(b).
2015 c. 6 ; section 32(5)(b) was amended by the Higher Education and Research Act 2017, Schedule 11, paragraph 35.