Skip to main content

An overview of the Tertiary Education and Research (Wales) Act 2022, it's passage through the Senedd and subordinate legislation.

First published:
3 August 2023
Last updated:

Overview

The Tertiary Education and Research (Wales) Act 2022 establishes the Commission for Tertiary Education and Research, the independent regulatory body responsible for the funding, oversight and regulation of tertiary education and research in Wales, to replace the Higher Education Funding Council for Wales (HEFCW). Tertiary education encompasses all post-16 education including further and higher education, apprenticeships and sixth forms. 

The Act also makes other provision about tertiary education, including:

  • registration and regulation of providers
  • securing funding
  • apprenticeships
  • learner protection, complaints and engagement
  • information, advice and guidance

This Bill Summary produced by the Senedd provides a further useful overview:

and the Explanatory Notes to the Act provide detailed commentary on the various provisions:

Read the full Act:

Coming into force

Sections 143 to 146 and 148 to 149 of the Act came into force on 9 September 2022, which was the day after it received Royal Assent, in accordance with section 148(1):

Section 148(2) provides for other provisions of the Act to come into force when one or more orders are made by the Welsh Ministers. 

The following orders have been made:

Subordinate legislation made under the Act

Subordinate legislation made under the Act
TitleCitation number Made dateComing into force dateSupporting documents
The Higher Education (Qualifying Courses and Qualifying Persons) (Wales) (Amendment) Regulations 2026 on legislation.gov.uk2026 No. 9023 March 202631 March 20262026 No. 90: Explanatory Memorandum ar senedd.wales
The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026 on legislation.gov.uk2026 No. 724 March 2026Coming into force in accordance with regulation 1(2) and (3)2026 No. 72: Explanatory Memorandum ar senedd.wales
The Inspection of Education and Training (Wales) Regulations 2026 on legislation.gov.uk2026 No. 674 March 20261 April 20262026 No. 67: Explanatory Memorandum ar senedd.wales
The Higher Education (Fee Limits) (Wales) Regulations 2026 on legislation.gov.uk2026 No. 5425 February 20261 March 20262026 No. 54: Explanatory Memorandum ar senedd.wales
The Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026 on legislation.gov.uk
 
2026 No. 5225 February 20261 April 20262026 No. 52: Explanatory Memorandum ar senedd.wales
The Education (Specified Courses of Higher Education) (Wales) Regulations 2025 on legislation.gov.uk2025 No. 1250 (W. 201)28 November 202525 December 20252025 No. 1250 (W. 201): Explanatory Memorandum ar senedd.wales
The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025 on legislation.gov.uk2025 No. 1241 (W. 200)25 November 202525 December 20252025 No. 1241 (W. 200): Explanatory Memorandum ar senedd.wales
The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2025 on legislation.gov.uk2025 No. 435 (W. 84)2 April 20255 April 20252025 No. 435 (W. 84): Explanatory Memorandum ar senedd.wales
The Tertiary Education and Research (Wales) Act 2022 (Designation of Providers) Regulations 2024 on legislation.gov.uk2024 No. 1126 (W. 188)6 November 202411 November 20242024 No. 1126 (W. 188): Explanatory Memorandum ar senedd.wales
The Commission for Tertiary Education and Research (Registration and De-registration of Tertiary Education Providers in Wales) Regulations 2024 on legislation.gov.uk2024 No. 1121 (W. 187)6 November 202411 November 20242024 No. 1121 (W. 187): Explanatory Memorandum ar senedd.wales
The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024 on legislation.gov.uk2024 No. 803 (W. 128)17 July 20241 August 2024 2024 No. 803 (W. 128): Explanatory Memorandum ar senedd.wales

Consideration of the legislation by the Senedd

The Bill was introduced by Jeremy Miles MS, Minister for Education and Welsh Language on 1 November 2021 and passed by Senedd Cymru on 28 June 2022.

More information about the Bill and it's passage through the Senedd on senedd.wales.

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

The Act received Royal Assent on 8 September 2022.