Sections 47 to 51 and Schedule 5: miscellaneous
92.Section 47 gives the National Assembly a general power to give directions to the CETW, with which the CETW has a duty to comply. Directions may not relate to the funding of activities carried on by individuals or individual bodies. The National Assembly currently has a similar power to give directions to the FEFCW (see section 56 of the Further and Higher Education Act 1992). The National Assembly will be able to intervene if it considers that the CETW has failed to discharge a statutory duty or has acted or is proposing to act unreasonably in the exercise of its functions.
93.Section 48 introduces Schedule 5 which enables the CETW to establish a regional committee for each region of Wales and such other committees as it thinks fit. These provisions differ from the approach in England where the LSC is under a duty to establish local learning and skills councils. Unlike the provisions relating to local learning and skills councils in England there are no provisions for guidance, planning and consultation specified in the Schedule for regional committees in Wales. If the CETW exercises its power to establish regional committees Schedule 5 provides only that a regional committee must perform with regard to its area such of the Council’s functions as the Council specifies subject to the approval of the National Assembly or must advise the Council on matters relevant to education and training in its area which the Council specifies. Schedule 5 also contains general provisions about the membership and administration of committees of the CETW.
94.Sections 49 to 51relate to financial and reporting matters. Section 49 gives the National Assembly the power to fund the CETW by making grants, which may be subject to conditions including conditions on the funding of others by the CETW. Those conditions may not relate to the funding of activities carried on by particular individuals or of individual bodies. Section 50 requires the CETW to report annually on its activities to the National Assembly. The report will include a financial report. Section 51 defines the CETW’s financial year.
