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An overview of the Higher Education (Wales) Act 2015, its passage through the Senedd and subordinate legislation.

First published:
30 January 2024
Last updated:

Overview

The Higher Education (Wales) Act 2015 (‘the Act’) makes provision about :

  • fee and access plans that are to be prepared by higher education institutions in Wales that are also charities. This includes the contents of the plan and the fee limit for qualifying courses, failure to comply with a fee limit or other requirements, the validity of certain contracts and how plans will be monitored;
  • the assessment of the quality of education provided by or on behalf of institutions that have a fee and access plan. This includes the powers available for the purposes of assessment and the steps the Higher Education Funding Council for Wales (HEFCW) may take if the quality of education is inadequate;
  • the preparation and publication of a code relating to the way institutions that have a fee and access plan organise and manage their financial affairs. This includes compliance with the code and the powers available to monitor it, or if they fail to comply with it;
  • the circumstances that HEFCW can refuse to approve a plan and the circumstances it must, or may, withdraw its approval.

The Act also contains provisions of a procedural, supplementary and general nature relating to HEFCW’s functions.

The Explanatory Notes to the Act provide detailed commentary on the various provisions.

Read the full Act:

Coming into force

Part 1, sections 55 to 57, section 58(3) and (4) and sections 59 and 60 came into force  on 12 March 2015 in accordance with section 59(1) of the Act.

Higher Education (Wales) Act 2015, section 59 (on legislation.gov.uk)

The other provisions of this Act come into force on a day appointed by the Welsh Ministers by order made by statutory instrument. The following Orders have been made:

Subordinate legislation made under the Act

Subordinate legislation made under the Act
TitleCitation numberMade dateComing into force dateSupporting documents
The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2026 on legislation.gov.uk2026 No. 192 February 20264 March 20262026 No. 19: Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Amounts) (Miscellaneous Amendments) (Wales) Regulations 2026 on legislation.gov.uk2026 No. 1120 January 202612 February 20262026 No. 11: Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 on legislation.gov.uk2026 No. 313 January 20265 February 20262026 No. 3: Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025 on legislation.gov.uk2025 No. 728 (W. 125)20 June 202517 July 20252025 No. 728 (W. 125): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Fee Limit and Loan Amounts) (Miscellaneous Amendments) (Wales) Regulations 2025 on legislation.gov.uk2025 No. 190 (W. 41)19 February 202521 February 20252025 No. 190 (W. 41): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Fee Limit and Loan Amounts) (Miscellaneous Amendments) (Wales) Regulations 2024 on legislation.gov.uk2024 No. 144 (W. 31)13 February 20248 March 20242024 No. 144 (W. 31): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 on legislation.gov.uk2023 No. 1349 (W. 243)8 December 202312 December 20232023 No. 1349 (W. 243): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2023 on legislation.gov.uk2023 No. 633 (W. 97)12 June 202314 June 20232023 No. 633 (W. 97): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 on legislation.gov.uk2023 No. 87 (W. 17)30 January 202322 February 20232023 No. 87 (W. 17): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 on legislation.gov.uk2022 No. 764 (W. 166)5 July 202224 July 20222022 No. 764 (W. 166): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2022 on legislation.gov.uk2022 No. 473 (W. 117)25 April 202225 May 20222022 No. 473 (W. 117): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 on legislation.gov.uk2022 No. 79 (W. 28)22 January 202223 February 20222022 No. 79 (W. 28): Explanatory Memorandum on senedd.wales
The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 on legislation.gov.uk2021 No. 1365 (W. 360)1 December 202131 December 20212021 No. 1365 (W. 360): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 on legislation.gov.uk2021 No. 481 (W. 148)19 April 202125 April 20212021 No. 481 (W. 148): Explanatory Memorandum on senedd.wales
The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 on legislation.gov.uk2021 No. 9 (W. 4)6 January 202128 January 20212021 No. 9 (W. 4): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 on legislation.gov.uk2020 No. 1302 (W. 287)17 November 2020

Regulations 1(2) and 2, come into force immediately before implementation period completion day.

The remaining provisions come into force on 31 December 2020 (implementation period completion day).

2020 No. 1302 (W. 287): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019 on legislation.gov.uk2019 No. 1192 (W. 209)15 August 20199 September 20192019 No. 1192 (W. 209): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 on legislation.gov.uk2019 No. 235 (W. 54)12 February 20198 March 20192019 No. 235 (W. 54): Explanatory Memorandum on senedd.wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 on legislation.gov.uk2018 No. 814 (W. 165)3 July 201830 July 20182018 No. 814 (W. 165): Explanatory Memorandum on senedd.wales
The Higher Education (Fee and Access Plans) (Notices and Directions) (Wales) (Amendment) Regulations 2016 on legislation.gov.uk2016 No. 661 W. 18020 June 201631 July 20162016 No. 661 W. 180: Explanatory Memorandum on senedd.wales
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016 on legislation.gov.uk2016 No. 276 (W. 100)2 March 201626 March 20162016 No. 276 (W. 100): Explanatory Memorandum on senedd.wales
The Higher Education (Fee and Access Plans) (Notices, Procedure and Publication) (Wales) Regulations 2016 on legislation.gov.uk2016 No. 223 (W. 87)23 February 201628 March 20162016 No. 223 (W. 87): Explanatory Memorandum on senedd.wales
The Higher Education (Fee and Access Plans) (Wales) Regulations 2015 on legislation.gov.uk2015 No. 1498 (W. 170)7 July 201531 July 20152015 No. 1498 (W. 170): Explanatory Memorandum on senedd.wales
The Higher Education (Designation of Providers of Higher Education) (Wales) Regulations 2015 on legislation.gov.uk2015 No. 1497 (W. 169)7 July 201531 July 20152015 No. 1497 (W. 169): Explanatory Memorandum on senedd.wales
The Higher Education (Amounts) (Wales) Regulations 2015 on legislation.gov.uk2015 No. 1496 (W. 168)7 July 201531 July 20152015 No. 1496 (W. 168): Explanatory Memorandum on senedd.wales
The Higher Education (Fee and Access Plans) (Notices and Directions) (Wales) Regulations 2015 on legislation.gov.uk2015 No. 1485 (W. 164)7 July 201531 July 20152015 No. 1485 (W. 164): Explanatory Memorandum on senedd.wales
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 on legislation.gov.uk2015 No. 1484 (W. 163)7 July 201531 July 20152015 No. 1484 (W. 163): Explanatory Memorandum on senedd.wales

In addition, the UK Government has made the following Order:

Consideration of the legislation by the Senedd

The Bill was introduced on 19 May 2014 by Huw Lewis AM, who was the Minister for Education and Skills at the time. The Bill was passed by Senedd Cymru (known then as the National Assembly for Wales) on 27 January 2015:

More information about the Bill and its passage through the Senedd on senedd.wales.

The Explanatory Memorandum that was prepared by the Welsh Government (as amended at Stage 2). 

The Act received Royal Assent on 12 March 2015.