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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Higher Education Act 2004 (Commencement No. 3) (Wales) Order 2011 No. 297 (W. 50) (C. 13) URL: https://www.bailii.org/wales/legis/num_reg/2011/wsi_2011297_en_1.html |
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Statutory Instruments
class="LegSubject">EDUCATION,
WALES
Made
9 February
2011
1.-(1) The title of this Order is the Higher Education Act 2004 (Commencement
No. 3) (
Wales)
Order 2011.
(2) In this Order:
"the 1998 Act" ("Deddf
1998") means the Teaching and Higher Education Act 1998(3);
"the 2004 Act" ("Deddf
2004") means the Higher Education Act 2004.
class="LegP1ParaText">
class="LegP1No"
id="article-2">2. The
following
provisions of the 2004 Act
come
into
force
on 11
February
2011-
(a)section 22 in relation to Wales;
(b)section 28(6) so far
as enabling regulations to be made;
(c)
class="LegDS
LegRHS LegP3Text">sections 33 to 36 in relation to
Wales
so
far
as enabling regulations to be made;
(d)
class="LegDS
LegRHS LegP3Text">section 38 so
far
as enabling regulations to be made;
(e)section 39 in relation to Wales
so
far
as enabling regulations to be made;
(f)
class="LegDS
LegRHS LegP3Text">section 41 in relation to
Wales.
class="LegP1ParaText">
class="LegP1No"
id="article-3">3. The
following
provisions of the 2004 Act
come
into
force
on 31 March 2011-
(a)section 27;
(b)section 28(1) to (5);
(c)
class="LegDS
LegRHS LegP3Text">section 28(6) in so
far
as not
commenced
by article 2(b);
(d)
class="LegDS
LegRHS LegP3Text">section 30(2) and (3);
(e)section 32(4);
(f)
class="LegDS
LegRHS LegP3Text">section 38 in so
far
as not
commenced
by article 2(b).
4. The following
provisions of the 2004 Act
come
into
force
on 31 March 2011 in relation to
Wales-
(a)section 29;
(b)section 30(1);
(c)
class="LegDS
LegRHS LegP3Text">sections 33 to 36 in so
far
as not
commenced
by article 2(
c);
class="LegClearFix
LegP3Container">(
d)
class="LegDS
LegRHS LegP3Text">section 39 in so
far
as not
commenced
by article 2(e);
(e)section 49 so far
as it relates to the provisions of Schedule 6 set out in paragraphs (g) and (h);
(f)
class="LegDS
LegRHS LegP3Text">section 50 in so
far
as it relates to the provisions of Schedule 7 set out in paragraphs (i) and (j);
(g)in Schedule 6, paragraph 7, the omission of section 26(3), (4) and (6) to (11) of the 1998 Act;
(h)in Schedule 6, paragraph 8;
(i)in Schedule 7, the repeal of section 26(3), (4) and (6) to (11) of the 1998 Act;
(j)in Schedule 7, the repeal in section 28(1) of the 1998 Act of the definitions
of "
fees"
and "publicly-
funded
institution".
(This note is not part of the Order)
This is the third commencement
order made by the
Welsh
Ministers under the Higher Education Act 2004 ("the 2004 Act"). The Order brings into
force
provisions
concerning
the imposition by the
Welsh
Ministers of
conditions
to
control
fees
at institutions in
Wales
which
receive grants
from
the Higher Education
Funding
Council
for
Wales.
The provisions of Part 3 of the 2004 Act brought into force
by this Order (
where
applicable in relation to
Wales)
are as
follows:
-¢ section 22, which
explains the meaning of a
Welsh
approved plan;
-¢ section 27, which
allows the
Welsh
Ministers to impose
conditions
in relation to grants made to a
funding
body requiring the
funding
body to impose a
condition
in relation to grants and loans it makes to relevant institutions;
-¢ section 28, which
sets out
what
the
condition
imposed by a
funding
body on relevant institutions requires;
-¢ section 30, which
explains the meaning of "relevant authority" and
confers
power on the
Welsh
Ministers to
designate
a person to be the relevant authority in relation to
Wales;
class="LegListTextStandard
LegLevel3">-¢ section 32(4),
which
requires the relevant authority in relation to
Wales
to have regard to guidance given by the
Welsh
Ministers;
-¢ sections 33 to 36, which
make provision
for
the
contents
of
fee
plans, their approval,
duration
and variation;
-¢ section 38, which
makes provision
for
the enforcement of
fee
plans;
-¢ section 39, which
makes provision
for
the review of
decisions
made by the relevant authority in relation to
fee
plans;
-¢ section 41, which
explains the meaning of
certain
terms used in Part 3 of the 2004 Act.
Article 2 brings relevant provisions into force
on 11
February
2011 to enable regulations to be made by the
Welsh
Ministers.
Articles 3 and 4 bring the remaining provisions of Part 3 of the 2004 Act into force
on 31 March 2011
for
remaining purposes and
where
applicable, in relation to
Wales.
(This note is not part of the Order)
The following
provisions of the 2004 Act have been brought into
force
in relation to
Wales
by
commencement
orders made before the
date
of this Order:
Provision | Date of ![]() | ![]() ![]() ![]() ![]() ![]() |
---|---|---|
Section 10(2) | 7 July 2005 | 2005/1833 (![]() ![]() |
Section 11 | 1 ![]() ![]() | 2004/3144 (![]() ![]() |
Section 12 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 13 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 14 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 15 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 16 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 17 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 18 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 20 | 1 January 2005 272) | 2004/3144 (![]() |
Section 21 | 1 ![]() ![]() | 2004/3144 (![]() |
Section 44(1) and (2) | 7 July 2005 | 2005/1833 (![]() ![]() |
Section 44(3) | 1 September 2006 149) | 2005/1833 (![]() |
Section 44(4) | 23 June 2006 149) | 2005/1833 (![]() |
Section 44(5) and (6) | 7 July 2005 | 2005/1833 (![]() ![]() |
Section 46 | 1 January 2005 272) | 2004/3144 (![]() |
Section 49 in so ![]() ![]() ![]() ![]() | 7 July 2005 | 2005/1833 (![]() ![]() |
Section 50 in so ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | 1 January 2005 | 2004/3144 (![]() ![]() |
Section 50 in so ![]() ![]() ![]() ![]() | 7 July 2005 | 2005/1833 (![]() ![]() |
Schedule 1 | 1 ![]() ![]() | 2004/3144 (![]() |
Schedule 2 | 1 ![]() ![]() | 2004/3144 (![]() |
Schedule 3 | 1 ![]() ![]() | 2004/3144 (![]() |
Schedule 4 | 1 ![]() ![]() | 2004/3144 (![]() |
Schedule 6, paragraph 7, the omission of section 26(5) of the Teaching and Higher Education Act 1998 | 7 July 2005 | 2005/1833 (![]() ![]() |
In Schedule 7, the repeals in the Education Reform Act 1988 of section 206 and in section 207(1), paragraph (![]() ![]() ![]() ![]() | 1 January 2005 | 2004/3144 (![]() ![]() |
In Schedule 7, the repeal of section 26(5) of the Teaching and Higher Education Act 1998 | 7 July 2005 | 2005/1833 (![]() ![]() |
Various provisions of the 2004 Act have been brought into force
in relation to England by the
following
Statutory Instruments: S.I 2004/2781, S.I 2004/3255, S.I. 2005/767 and S.I. 2006/51. Various provisions of the 2004 Act have been brought into
force
in relation to Scotland by S.S.I. 2005/33.
See also section 52(1) for
the provisions
which
came
into
force
on the passing of the 2004 Act.