Sections 34 to 39: the CETW’s main powers
79.Sections 34 and 35 set out the funding powers of the CETW. They are similar to sections 5 and 6 which relate to the LSC (see paragraphs 43 to 46 of these Notes). The CETW may disburse funding itself or arrange for others to do so. Under section 34(3) the CETW may allocate resources by reference to fees or charges payable by the person participating in education or by reference to other matters connected with that provision of education (such as transport or childcare). Section 35 enables the CETW to impose conditions on the funding it provides, including access to accounts and documents, and information from persons in connection with the discharge of its functions. The section also allows the CETW to require providers of post-16 education and training to charge fees, make awards and recovers sums of money against specified criteria. The conditions set by the CETW can relate to provision made by providers with respect to people with disabilities.
80.Section 36 provides for the CETW to have the same role in respect of funding of school sixth form provision in Wales as the LSC will have in England (see section 7).
81.Section 37 provides for the CETW to assess the quality of the provision it funds, and to take judgements about quality into account in deciding which providers it continues to fund. The intention is that the CETW secures value for money, and that learners are offered provision of a high quality. Findings from the Inspectorate, Estyn, will inform these judgements, but this input will not provide regular, comprehensive information on all providers. Therefore, it is intended that the CETW will take steps to investigate on its own behalf the quality of provision it funds, through for example, visiting providers, putting arrangements in place for investigating complaints and acting on those which are well-founded, and having clear published performance indicators and benchmarks against which to measure the quality of provision. The CETW may also draw up a list of accredited provision which meets certain quality thresholds, and cease to fund provision which does not.
82.Section 38 provides for the role of the CETW in relation to Individual Learning Accounts (see also sections 104 to 109). The CETW is given the power to be involved in the promotion of Individual Learning Accounts and to be involved in the administration of qualifying arrangements under section 105. It is also given power to enter into arrangements with the National Assembly to make grants, to specify the kinds of learning provision which qualify for the grants and to approve providers to make them eligible to offer learning provision which qualifies.
83.Section 39 provides a power for the CETW to appoint up to two additional governors to the governing body of an institution in the FE sector which mainly serves the population of Wales. It may wish to use this power, for example, where it considers there might be mismanagement or potential mismanagement by the governing body, or where there are signs that the educational provision at the institution is failing.
