03 - Wales - Specific legislative framework

There is no single body of legislation dealing with higher education.

The definition of higher education in England and Wales is provided by Section 120 of the Education Reform Act 1988: ‘education provided by means of a course of any description mentioned in Schedule 6 of the Act’, that is, ‘a course of a standard higher than the standard of courses leading to General Certificate of Education Advanced-level ( GCE A-level) or Business and Technology Education Council National Diploma or Certificate’. A list of such courses is provided.

An identical list is given for Northern Ireland in Schedule 7 of the Education Reform (Northern Ireland) Order 1989, as applied by Article 30 of the Education and Libraries (Northern Ireland) Order 1993.

The legal basis for individual higher education institutions varies. Older (pre-1992) universities were created under a Royal Charter. A university’s Charter sets out its overall constitution, and its statutes give more detail as to how it operates. The Privy Council is responsible for advising the Queen on universities' proposals to amend their Charter, and itself approving amendments to the statutes.

Newer (post-1992) universities and certain other higher education institutions are based on and operate under Parliamentary Statute. They operate under an Instrument of Government and Articles of Government. Any amendments to these documents need the approval of the Privy Council. Most Instruments and Articles of Government follow a model Instrument, contained in the Education Reform Act 1988, and a model version of the Articles of Government.

Whatever their legal basis, all higher education institutions are now legally independent self-governing institutions, accountable through a governing body which carries ultimate responsibility for all aspects of the institution. All higher education institutions have charitable status.

Under the Further and Higher Education Act 1992, the Privy Council is responsible for approving an institution as competent to grant degrees. The criteria against which applications are considered are maintained by ministers. For England and Wales, applications are considered under criteria approved by ministers on 1 September 2004. For Northern Ireland (and also Scotland), applications are considered under criteria approved by ministers in October 1999.

Institutions which have been granted degree awarding powers, whether by a Royal Charter, Act of Parliament or by the Privy Council, are known as recognised bodies. All UK universities and some other higher education institutions are recognised bodies.

The Privy Council is also responsible, under the Further and Higher Education Act 1992, for approving the use of the word ‘university’ (including 'university college'). Until recently, only institutions with the power to award research degrees were permitted to use the title 'university'. Since 2005, institutions in England and Wales that award only taught degrees (‘first’ and ‘second cycle’) and which meet certain numerical criteria, have also been permitted to use the title ‘university’. Institutions that award only taught degrees but which do not meet the numerical criteria may apply to use the title ‘university college’, although not all choose to do so.

Institutions which do not have the power to award their own degrees may provide full courses which lead to a degree of a recognised body. They are known as listed bodies.

The higher education sector is funded under the framework established by the Further and Higher Education Act 1992, which created the Higher Education Funding Council for England (HEFCE) and the Higher Education Funding Council for Wales (HEFCW).

The Teaching and Higher Education Act 1998 provided the legal basis for the introduction of tuition fees for full-time undergraduate students in England and Wales. The Act also provided the basis for changes to the system for student support. Maintenance grants (grants for living costs) were abolished. The Education (Student Support) (Northern Ireland) Order 1998 made similar provision for grants and loans to students in Northern Ireland.

Under the Higher Education Act 2004, higher education institutions in England are permitted to charge variable tuition fees of up to £3,000 per year, to rise only with inflation until 2009 when an independent review will take place. The Act also provides the legal basis for new arrangements for student support, and introduced provisions giving the National Assembly for Wales (NAfW) new powers over student support and full responsibility for the tuition fee regime.

In Northern Ireland, the Higher Education (Northern Ireland) Order 2005 introduced similar changes to the student finance system in Northern Ireland.

Under the Higher Education Act 2004, all higher education institutions in England and Wales are required to comply with the rules of an independent student complaints scheme. The scheme is operated by the Office of the Independent Adjudicator for Higher Education (OIA). The OIA is not a regulator. It handles individual complaints against higher education institutions and publishes recommendations about how they deal with complaints and what constitutes good practice.

Institutions:

 

Higher Education Funding Council for Wales (HEFCW)
Linden Court Ilex Close Llanishen Cardiff CF14 5DZ Wales
Tel.:+44 (0)29 2076 1861
Fax:+44 (0)29 2076 3163
E-mail:  info@hefcw.ac.uk
Website:  http://www.hefcw.ac.uk

 

National Assembly for Wales (NAfW)
New Crown Building Cathays Park Cardiff Bay Cardiff CF99 1NA Wales
Tel.:+44 29 (0)845 010 5500
E-mail:  Assembly.Info@wales.gsi.gov.uk
Website:  http://www.wales.gov.uk

 

Office Of The Independent Adjudicator (OIA)
Fifth Floor Thames Tower Station Road Reading RG1 1LX
Tel.:+44 (0)118 959 9813
Fax:+44 (0)118 955 9099
E-mail:  enquiries@oiahe.org.uk
Website:  http://www.oiahe.org.uk


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Date: 2009
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