PART 2PROVISIONS COMING INTO FORCE ON 5 APRIL 2025

Provisions coming into force on 5 April 2025 to the extent specified and subject to transitory provisions

8.—(1) Sections 51 (duty to monitor, and promote improvement in, the quality of regulated tertiary education) to 53 (reviews relevant to quality of tertiary education) of the Act come into force on 5 April 2025 for the purposes of enabling the Commission to publish a statement setting out how it proposes to exercise its intervention functions, pursuant to section 81(1) of the Act, subject to the modifications in paragraphs (5) and (6).

(2) Section 54 (assessment of quality of higher education) of the Act comes into force on 5 April 2025 for the purposes of enabling the Commission to designate a body under Schedule 3 to the Act, subject to the modification in paragraph (7).

(3) The modification to the Act, set out in paragraph (5)(a), applies during the period beginning with 5 April 2025 and ending immediately before the coming into force of paragraph 6(3)(c) of Schedule 4 to the Act.

(4) The modifications to the Act set out in paragraphs (5)(b), (6) and (7) apply during the period beginning with 5 April 2025 and ending immediately before the coming into force of paragraph 31 of Schedule 4 to the Act in full.

(5) Section 51(b) of the Act has effect as if the reference to tertiary education funded or otherwise secured by the Commission does not include tertiary education—

(a)funded by the Commission pursuant to its powers in section 65 of the Further and Higher Education Act 1992(1);

(b)provided by, or on behalf of, a regulated institution that is not a registered provider.

(6) Sections 52(1)(b) and (c) (advice and assistance in respect of quality of tertiary education) and 53(b) and (c) of the Act have effect as if the references to tertiary education, or a particular course of tertiary education, do not include tertiary education, or a particular course of tertiary education, provided by, or on behalf of, a regulated institution that is not a registered provider.

(7) Section 54(3) of the Act has effect as if the Commission’s power to assess, or make arrangements for the assessment of, the quality of higher education provided in Wales by any tertiary education provider does not include higher education provided in Wales by, or on behalf of, a regulated institution that is not a registered provider.

(8) In this article, “higher education” and “tertiary education” have the meanings given by section 144(1) of the Act.