Commentary on Sections Higher education corporations Section 138: Articles of government of higher education corporations in Wales
426.Section 125 of the 1988 Act requires an institution conducted by a higher education corporation to have articles of government, approved by the Privy Council, relating to the conduct of the institution. Section 126 of that Act also makes provision relating to the content of the articles of government together with its amendment and revocation.
427.Subsection (2) of section 138 of the Act inserts new subsections (8) and (9) into section 125 of the 1988 Act enabling the Welsh Ministers, by order, to amend or repeal section 125(2) to (4) of the 1988 Act, which relate to certain content of articles of government of higher education corporations.
428.Among other things, section 125(2) to (4) of the 1988 Act make provision for the articles to determine the distribution of functions between the board of governors, the principal of the institution and the academic board and regulate the constitution and functions of committees of the corporation. Those provisions also require the articles to make provision in respect of the procedures for meetings of the board of governors, the academic board, the corporation’s committees and for the appointment of members of the corporation. In addition, they enable the articles to make provision authorising the board of governors to make rules or bye-laws for the government and conduct of the institution.
429.The new subsection (9) will place the Welsh Ministers under a duty to consult with the Commission and any other persons they think appropriate before exercising the new order-making powers.
430.Subsection (3) amends section 232 of the 1988 Act.
431.The amendment to section 232 of the 1988 Act (orders and regulations) is to ensure that subsection (1) of that section (which requires orders and regulations under the 1988 Act to be made by statutory instrument) catches the new powers of the Welsh Ministers to make orders conferred by sections 137 and 138 of the Act.
432.Subsections (4ZA), (4ZB) and (4ZC), which will be inserted into section 232 of the 1988 Act by section 138(3)(b) of the Act, make provision relating to the Senedd procedure attached to the order and regulation making powers of the Welsh Ministers under the 1998 Act, as inserted by this Act.