Diolch Llywydd. I call on Members to support these technical but important amendments that ensure that courses provided by way of distance learning by, or on behalf of, tertiary education providers in Wales are captured by the relevant provisions in the Bill, and also make provision regarding the territorial application of the Bill.

Llywydd, during the pandemic the tertiary education sector in Wales was able to quickly adapt, by increasing the volume of teaching and learning delivered remotely and online. In the future, we expect that there will be greater use of hybrid delivery of teaching and learning, and it is important that the law remains up to date with this, anticipating and enabling providers to deliver on behalf of learners.

Amendments 1 to 5, 7, 10 and 11 clarify the territorial application of the commission's strategic duties in respect of equality of opportunity, continuous improvement, and Welsh-medium tertiary education. These duties now apply to Welsh tertiary education, which is defined by amendment 68 as tertiary education provided by, or on behalf of, a tertiary education provider in Wales, or funded or otherwise secured by the commission.

Amendment 69 ensures that references to the provision of tertiary education by, or on behalf of, a tertiary education provider in Wales include courses of tertiary education provided at one or more places in Wales or elsewhere and by way of distance learning.

These amendments will ensure that these strategic duties apply to tertiary education delivered by providers in Wales through distance learning, or face-to-face provision delivered outside Wales, and also tertiary education funded or otherwise secured by the commission.

Amendments 8 and 9 amend the territorial application of the strategic duty to promote collaboration and coherence in tertiary education and research. The duty will now apply in respect of providers in Wales, namely institutions whose activities are wholly or mainly carried out in Wales.

Amendments 14 and 15 clarify that the definition of 'qualifying courses' for the purposes of fee limits under section 32 of the Bill include courses provided by a registered provider falling within a fee limit category, where such courses are provided in Wales or elsewhere either on a face-to-face basis or by way of distance learning. This clarifies the law to ensure that fee limits for qualifying courses apply even where a student is undertaking the course by way of distance learning, and where the course is provided in Wales or elsewhere.

Amendments 16 to 20 clarify that the conditions of registration in respect of equality of opportunity apply to face-to-face courses provided wholly or mainly in Wales and distance learning courses where those courses can be said to be wholly or mainly in Wales because of the physical location of teaching staff and students. Amendment 21 is consequential on these amendments and clarifies the definition of 'under-represented groups'.

Amendment 22 clarifies the territorial application of the powers of entry and inspection under section 74 in the Bill by stating that such powers apply in respect of premises in Wales and in England.

Amendments 37, 38 and 42, and the related definition of 'facilities for Wales' in amendment 67, amend the commission’s duties to secure facilities for further education and training both in Wales and for persons ordinarily resident in Wales. This may include provision by way of distance learning or face-to-face provision taking place outside Wales and is consistent with the effect of the equivalent duties in current legislation.

Amendments 47 to 51 amend the territorial scope of the powers to fund activities connected to tertiary education. Amendments 47 and 48 relate to the powers of the Welsh Ministers and the commission to fund information about education and training and facilities to link employers and those providing or receiving education and training under section 102(1). The amendments provide for such education to include tertiary education delivered by providers in Wales, tertiary education funded or otherwise secured by the commission, and any other education or training provided wholly or mainly in Wales, or provided either face-to-face or by way of distance learning to persons ordinarily resident in Wales.

Amendments 49 and 50 make similar provision in respect of the commission’s powers to fund Welsh-medium tertiary education and to teach Welsh by means of tertiary education. Amendment 51 provides the definition of 'relevant education' for these purposes.

Finally, amendments 63 and 64 similarly amend the territorial scope of the Welsh Ministers’ and commission’s powers to fund research in relation to education and training.

I call on Members to support all of these amendments.