SL(6)594 – The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2025

Background and Purpose

These Regulations make amendments to primary and secondary legislation as a consequence of the commencement of paragraph 29 of Schedule 4 to the Tertiary Education and Research (Wales) Act 2022 (“Paragraph 29”), which provides for amendments to the School Standards and Organisation (Wales) Act 2013.  Those provisions relate to school reorganisations.

Subject to the approval of these Regulations, it is intended that Paragraph 29 will be commenced on 5 April 2025, through the Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025, alongside these Regulations.

Procedure

Draft Affirmative

The Welsh Ministers have laid a draft of the Regulations before the Senedd. The Welsh Ministers cannot make the Regulations unless the Senedd approves the draft Regulations.

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.

1. Standing Order 21.2(v) – that for any particular reason its form or meaning needs further explanation

In the italic headnotes at the top of pages 1 and 2, the reference to the provision under which the Regulations are laid is incorrect.  The headnote refers to “section 146” of the Tertiary Education and Research (Wales) Act 2022, which contains the power for making the Regulations. However, it should refer to “section 143(3) and (4)(e)(ii)” of that Act as noted in the second paragraph of the preamble which sets out the requirement for the Regulations to be laid in draft before, and approved by a resolution of, the Senedd.

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

The Welsh Government accepts that there is a typographical error in the draft headnote. It also notes that the correct powers are cited in the instrument’s preamble. Subject to the approval of the Regulations, the draft headnote will be removed from the Regulations prior to making.

Legal Advisers

Legislation, Justice and Constitution Committee

06 March 2025