Search Legislation

Education (Wales) Measure 2011

Changes to legislation:

There are currently no known outstanding effects for the Education (Wales) Measure 2011, PART 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1 WCOLLABORATION BY EDUCATION BODIES

1Education bodiesW

For the purposes of this Part, an “education body” means—

(a)a local authority in Wales;

(b)the governing body of a maintained school in Wales;

(c)a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992) in Wales;

(d)the governing body of a designated institution (as defined by section 28(4) of that Act) in Wales, which—

(i)is a body incorporated by virtue of section 143(5) of the Learning and Skills Act 2000, and

(ii)is exclusively or mainly providing full-time education for persons who are above compulsory school age but who have not attained the age of 19.

Commencement Information

I1S. 1 in force at 16.11.2012 by S.I. 2012/2656, art. 2

2The collaboration objectiveW

(1)The objective of this Part is the effective and efficient use of public resources by an education body in respect of the provision of education and training suitable to the requirements of persons who have not attained the age of 19.

(2)This objective is referred to in this Part as “the collaboration objective”.

Commencement Information

I2S. 2 in force at 16.11.2012 by S.I. 2012/2656, art. 2

3Duty of education body to collaborateW

(1)An education body must consider from time to time whether the exercise of its powers of collaboration would further the collaboration objective in the exercise of its other functions.

(2)If an education body concludes that the exercise of a power of collaboration would further the collaboration objective in the exercise of its functions, it must seek to exercise, or cause to be exercised, the power.

(3)The duty in subsection (1) applies to the bodies mentioned in paragraphs (c) and (d) of section 1 in so far as it relates to the provision of secondary and further education suitable to the requirements of persons who have not attained the age of 19.

(4)The duty in subsection (1) is without prejudice to the duties in—

(a)section 33K of the Learning and Skills Act 2000 (delivery of local curriculum entitlements for students aged 16 to 18: joint working);

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(d)section 65 of the Curriculum and Assessment (Wales) Act 2021.]

4Meaning of “powers of collaboration”W

For the purposes of this Part, “powers of collaboration” means—

(a)the powers in section 5;

(b)in the case of a local authority—

(i)its power to authorise a person (or the person's employees) to exercise a function on the authority's behalf under an order made under section 70 of the Deregulation and Contracting Out Act 1994;

(ii)its power under section 101(1)(b) and (5) of the Local Government Act 1972 (arrangements for the discharge of local authority functions);

(iii)a power of the executive of the authority (or a committee or specified member of the executive) to make arrangements for the discharge of their functions under regulations made under section 19(1) of the Local Government Act 2000 (arrangements for the discharge of functions of the executive of a local authority by another local authority etc);

(iv)a power of the authority to make arrangements for the discharge of its functions under regulations made under section 19(2) of the Local Government Act 2000 (arrangements for the discharge of functions of a local authority by the executive etc of another local authority).

Commencement Information

I4S. 4 in force at 16.11.2012 by S.I. 2012/2656, art. 2

5Powers to collaborateW

(1)An education body has the powers in subsection (2) for the purpose of discharging or facilitating the discharge of—

(a)its duty under section 3,

(b)its duty under section 33K of the Learning and Skills Act 2000,

(c)its duty under [F4section 65 of the Curriculum and Assessment (Wales) Act 2021,]

(d)the duty of another education body under those provisions.

(2)The powers are—

(a)to provide financial assistance (whether by way of grant or loan) to any person;

(b)to enter into arrangements or agreements with any person;

(c)to co-operate with, or facilitate or co-ordinate the activities of, that person;

(d)to exercise on behalf of any person any functions of that person (whether alone or jointly);

(e)to make arrangements for any of the education body's functions to be carried out with one or more other education bodies, or by one or more other education bodies;

(f)to make arrangements for any of the education body's functions to be carried out by joint committees of two or more education bodies;

(g)to provide staff, goods, services or accommodation to any person;

(h)to share and use information for the purpose of exercising any powers of collaboration.

(3)These powers are—

(a)without prejudice to any other powers of an education body, and

(b)subject to provision made under section 6.

Textual Amendments

Commencement Information

I5S. 5 in force at 16.11.2012 by S.I. 2012/2656, art. 2

6Regulations about the power to collaborateW

(1)Regulations may provide for—

(a)the circumstances in which the duty in section 3(1) does not apply;

(b)the circumstances in which an education body is not required to, or is not permitted to, exercise powers of collaboration;

(c)the functions of an education body which may not be delegated under paragraphs (d), (e) and (f) of section 5(2);

(d)conditions that must be met for the exercise of powers of collaboration;

(e)the manner in which functions are to be discharged under collaboration arrangements;

(f)any other matters that are relevant to the exercise of powers of collaboration.

(2)Regulations may provide for—

(a)the establishment by education bodies of a joint committee of those bodies for the purpose of arrangements under section 5(2)(f) (“a joint committee”);

(b)the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;

(c)the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and the removal of the clerk from office;

(d)the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;

(e)rights of persons to attend meetings of a joint committee;

(f)restrictions on persons taking part in the proceedings of a joint committee;

(g)the dissolution of joint committees;

(h)sub-committees of joint committees (including provision for the exercise of functions of the joint committee by a sub-committee and provision in relation to sub-committees that may be made in relation to a joint committee under this section);

(i)other matters relating to the constitution or procedure of a joint committee.

(3)The power in subsection (4) applies in relation to—

(a)the functions of the education bodies which are to be discharged under paragraphs (d), (e) and (f) of section 5(2);

(b)the education bodies by whom those functions are to be discharged.

(4)Regulations may provide that any enactment is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.

Commencement Information

I6S. 6 in force at 16.11.2012 by S.I. 2012/2656, art. 2

7GuidanceW

In exercising its functions under this Part, an education body must have regard to guidance given from time to time by the Welsh Ministers.

Commencement Information

I7S. 7 in force at 16.11.2012 by S.I. 2012/2656, art. 2

8Interpretation of this PartW

In this Part—

  • collaboration arrangements” (“trefniadau cydlafurio”) means an activity performed in the exercise of an education body's powers of collaboration;

  • collaboration objective” (“amcan y cydlafurio”) has the meaning given by section 2;

  • education body” (“corff addysg”) has the meaning given by section 1;

  • functions” (“swyddogaethau”) means powers and duties, and in the case of a local authority means powers and duties that are education functions;

  • maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community F5... special school, a maintained nursery school or a pupil referral unit;

  • powers of collaboration” (“pwerau cydlafurio”) has the meaning given by section 4.

Textual Amendments

Commencement Information

I8S. 8 in force at 16.11.2012 by S.I. 2012/2656, art. 2

9Minor and consequential amendmentsW

(1)In section 57(5A) of the Further and Higher Education Act 1992, for “make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies” substitute “ exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons ”.

(2)In section 33K(5) of the Learning and Skills Act 2000—

(a)after paragraph (b) insert—

(ba)arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.;

(b)omit paragraphs (c) and (d).

(3)In the Education Act 2002—

(a)in section 26(a), after “schools” insert “ in England ”;

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 166(6) of the Education and Inspections Act 2006—

(a)in the definition of “further education body”—

(i)after “(c.13))” insert “ in England ”;

(ii)after “section 28(4) of that Act)” insert “ in England ”;

(b)in the definition of “maintained school” after “means” insert “ a school in England which is ”;

(c)in the definition of “regulations” omit “or the Assembly (in relation to Wales)”.

Textual Amendments

F6S. 9(3)(b) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 67 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Commencement Information

I9S. 9 in force at 16.11.2012 by S.I. 2012/2656, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources