PART 3Services related to education, training and skills
Learner support services
40Provision of services by maintained schools and further education institutions
1
The Welsh Ministers may direct a person mentioned in subsection (2)—
a
to provide learner support services;
b
to secure the provision of learner support services;
c
to participate in the provision of learner support services.
2
The persons are—
a
the governing body of a maintained school in Wales;
b
the governing body of an institution within the further education sector in Wales.
3
In this section “learner support services” means services which in the opinion of the Welsh Ministers will encourage, enable or assist young persons (directly or indirectly)—
a
to participate effectively in education or training;
b
to take advantage of opportunities for employment; or
c
to participate effectively and responsibly in the life of their communities.
4
A direction under subsection (1)—
a
may include provision for grants, loans and other kinds of financial assistance to be provided by the Welsh Ministers (whether or not on conditions);
b
may require a governing body to have regard to guidance given by the Welsh Ministers;
c
may require a governing body when making arrangements with other persons to require those persons to have regard to guidance given by the Welsh Ministers.
5
A direction under subsection (1)—
a
may relate to a particular class of young person;
b
may make different provision for different classes of young person;
c
may be revoked or varied by a later direction.
6
Where a direction under subsection (1) relates to the provision of a service in the form of advice or information, it must be framed so that—
a
it relates only to information which is presented in an impartial manner; and
b
it relates only to advice which—
i
is given by a person who considers that it will promote the best interests of the young person concerned; and
ii
does not seek to promote, contrary to the young person’s best interests, the interests or aspirations of any school, institution or other person.
7
In this section—
a
“young persons” means persons who have attained the age of eleven but not the age of twenty six;
b
“institution within the further education sector” has the same meaning as in the Education Act 1996 (c. 56);
c
“maintained school” has the same meaning as in the School Standards and Framework Act 1998 (c. 31).
41Duties of governing bodies
1
A governing body of a maintained school or institution within the further education sector must comply with a direction given to it under section 40(1).
2
Action which a governing body takes in pursuance of subsection (1) may relate to a particular class of young person.
42Amendments to the Learning and Skills Act 2000
1
The Learning and Skills Act 2000 (c. 21) is amended in accordance with this section.
2
In subsection (1) of section 126 of that Act, after “section 123(1)(a) or (b)” insert “or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009”.
3
In subsection (1)(a) of section 127 of that Act, after “section 123(1)” insert “or section 40(1) of the Learning and Skills (Wales) Measure 2009”.