Commentary on Sections The Commission Section 1: Establishment of the Commission for Tertiary Education and Research & Schedule 1: Commission for Tertiary Education and Research
35.This section provides for the establishment of the Commission. The Commission will be a body corporate with its own legal personality and specific powers and duties.
36.This section also introduces Schedule 1, which makes provision about the Commission’s membership, committees and operational arrangements.
37.The Commission’s members will comprise of a chair, deputy chair and between four and fourteen ordinary members, appointed by the Welsh Ministers. The chief executive is also a member. The Welsh Ministers will appoint the first chief executive for a period of up to 4 years, with future appointments being made by the Commission, subject to approval of the Welsh Ministers.
38.The Commission will also have associate members who will represent the tertiary education workforce (both academic and non-academic), the Commission’s staff and learners in tertiary education.
39.Paragraph 5 sets out the appointments process for the associate workforce members. This includes a requirement for the Welsh Ministers to publish lists of trade unions who will nominate representatives of the academic tertiary education workforce and non-academic tertiary education workforce. To be eligible to be an associate workforce member, a person must be employed by a provider of tertiary education in Wales and be a member of a trade union on the most recently published relevant list. It is expected that the consultation process for compiling the list of trade unions will lead to a position where the trade unions listed will be recognised by the tertiary education providers.
40.Paragraph 6 sets out the process for the appointment of an associate Commission staff member. A staff member appointment committee (established under paragraph 11(5)) must appoint a person from candidates nominated by each trade union recognised by the Commission. To be eligible to be an associate Commission staff member, a person must be employed by the Commission and be a member of a trade union recognised by the Commission.
41.Paragraph 7 sets out the appointment process for the associate learner member. This includes a requirement for the Welsh Ministers to publish a list of bodies representing the interests of learners undertaking tertiary education in Wales. The associate learner member will be appointed by the Welsh Ministers from nominations made by bodies on the list. It is anticipated this list will include the National Union of Students Wales along with other representative bodies. To be eligible to be an associate learner member, a person must have been a learner undertaking tertiary education in the 3 years before being appointed and must hold an office or membership of a body on the published list.
42.The Commission will have a committee called the Research and Innovation Committee for the purpose of advising it about matters relating to research and innovation. The chair of the Research and Innovation Committee is appointed by the Welsh Ministers and will also be the deputy chair of the Commission (and a person who ceases to hold one position or who is suspended from that position will also cease to hold the other position or be suspended from it). The Commission must also establish a committee called the Quality Committee to advise it on the quality of tertiary education funded or secured by it, and a staff member appointment committee. It can establish other committees and joint committees and can delegate functions to its committees.
43.Schedule 1 also contains provision about the Commission’s audit and accounts, annual reports, procedures, register of interests and supplementary powers.