Commentary on Sections Terms and conditions: quality, governance etc., welfare and equal opportunities Section 108: Financial support under sections 89, 97 and 104: further provision about terms and conditions
351.This section requires the Commission, when determining the terms and conditions to be imposed on its funding to a non-registered provider under the specified sections, to consider whether to impose requirements relating to:
	the quality of the tertiary education provided by or on behalf of the provider,
	the effectiveness of the governance and management of the provider,
	the financial sustainability of the provider,
	the effectiveness of the provider’s arrangements for supporting and promoting the welfare of its students and staff, and
	the delivery of measurable outcomes in respect of equality of opportunity aims set out in subsection (2).
352.The aims set out in subsection (2) relate to increasing participation, improving retention, reducing attainment gaps, and improving employment and further study outcomes for students from under-represented groups.
353.Subsection (3) defines under-represented groups as groups of students that are under-represented in relevant education in Wales as a result of social, cultural, economic or organisational factors. Relevant education is defined as eligible courses of higher education funded by the Commission under section 89(3)(a) or (b), further education or training funded by the Commission under section 97(1)(a) or (b) and approved Welsh apprenticeships funded by the Commission under section 104(1)(a). This means that providers will be concerned with delivering equality of opportunity outcomes in respect of the tertiary education which relates to the funding they receive from the Commission.