Commentary on Sections Compatibility with charity law Section 19: Compatibility with charity law and governing documents of tertiary education providers
76.The effect of this section is that any requirements that the Commission or the Welsh Ministers may impose on the governing bodies of tertiary education providers under this Act (e.g. registration conditions or directions) cannot require those governing bodies to act in breach of their obligations as charity trustees, nor require governing bodies to act in a manner incompatible with their governing documents.
77.For these purposes, the governing documents of tertiary education providers are defined in subsection (2) in relation to providers established by Royal Charter, providers conducted by higher education corporations or further education corporations, providers that are institutions designated under section 129 of the Education Reform Act 1988 or section 28 of the Further and Higher Education Act 1992, schools and providers conducted by companies.