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Part IIE+W [F1Further Education and Sixth Form Education: Wales]

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)

F2...E+W

Textual Amendments

F330 The Council.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Main dutiesE+W

31 Education and training for persons aged 16 to 19.E+W

(1)[F4Welsh Ministers] must secure the provision of proper facilities for—

(a)education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

(b)training suitable to the requirements of such persons,

(c)organised leisure-time occupation connected with such education, and

(d)organised leisure-time occupation connected with such training.

(2)Facilities are proper if they are—

(a)of a quantity sufficient to meet the reasonable needs of individuals, F5...

(b)of a quality adequate to meet those needs [F6and ]

[F7(c)sufficient to satisfy the entitlements conferred under section 33F]

(3)In performing the duty imposed [F8on them] by subsection (1) the [F9Welsh Ministers] must—

(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b)take account of the different abilities and aptitudes of different persons;

(c)take account of the education and training required in different sectors of employment for employees and potential employees;

[F10(cc)take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd)take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;]

(d)take account of facilities whose provision the [F11Welsh Ministers think] might reasonably be secured by other persons;

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section—

(a)education includes both full-time and part-time education;

(b)training includes both full-time and part-time training;

(c)training includes vocational, social, physical and recreational training;

(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1Education Reform Act 1988.

Textual Amendments

Commencement Information

I1 S. 31 not in force at Royal Assent see s. 154; s. 31 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I

Marginal Citations

32 Education and training for persons over 19.E+W

(1)The [F14Welsh Ministers] must secure the provision of reasonable facilities for—

(a)education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

(b)training suitable to the requirements of such persons,

(c)organised leisure-time occupation connected with such education, and

(d)organised leisure-time occupation connected with such training.

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In performing the duty imposed [F16on them] by subsection (1) the [F17Welsh Ministers] must—

(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b)take account of the different abilities and aptitudes of different persons;

(c)take account of the education and training required in different sectors of employment for employees and potential employees;

[F18(cc)take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd)take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;]

(d)take account of facilities whose provision the [F19Welsh Ministers think] might reasonably be secured by other persons;

F20(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section—

(a)education includes both full-time and part-time education;

(b)training includes both full-time and part-time training;

(c)training includes vocational, social, physical and recreational training;

(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M2Education Reform Act 1988.

(6)References in this Part to post-16 education are to—

(a)education falling within section 31(1)(a) or subsection (1)(a) above, and

(b)organised leisure-time occupation connected with such education.

(7)References in this Part to post-16 training are to—

(a)training falling within section 31(1)(b) or subsection (1)(b) above, and

(b)organised leisure-time occupation connected with such training.

Textual Amendments

Commencement Information

I2 S. 32 not in force at Royal Assent see s. 154; s. 32 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I

Marginal Citations

33 Encouragement of education and training.E+W

The [F22Welsh Ministers] must—

(a)encourage individuals to undergo post-16 education and training;

(b)encourage employers to participate in the provision of post-16 education and training;

(c)encourage employers to contribute to the costs of post-16 education and training.

Textual Amendments

Commencement Information

I3 S. 33 not in force at Royal Assent see s. 154; s. 33 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I

[F23The local curriculaE+W

Textual Amendments

F23 S. 33A and cross-heading inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 22, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(b)

33AFormation of local curricula for students aged 16 to 18E+W

(1)The Welsh Ministers must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen.

(2)Each local curriculum must consist of courses of study each of which—

(a)falls within a category in subsection (3) (the “learning domains”); and

(b)is from time to time selected by the Welsh Ministers to form part of that local curriculum.

(3)The learning domains are—

(a)mathematics, science and technology;

(b)business, administration and law;

(c)services for people;

(d)arts, media, culture and languages;

(e)humanities, social sciences and preparation for life and work.

(4)For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.]

[F2433BLocal curricula: Welsh languageE+W

The Welsh Ministers must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.]

Textual Amendments

[F2533CAreas with more than one local curriculumE+W

(1)This section applies where the Welsh Ministers form more than one local curriculum for the area of a local authority under section 33A.

(2)In relation to each local curriculum, the Welsh Ministers must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.]

Textual Amendments

F25S. 33C inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 24, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(c)

[F2633DDetermination of a pupil's “relevant school or institution”E+W

(1)Where, during the [F27fourth key stage] [F27relevant period], a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).

[F28(1A)The relevant period, in relation to a registered pupil of a maintained school, is the period—

(a)beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and

(b)ending at the same time as the school year in which the majority of pupils in the pupil’s class cease to be of compulsory school age.]

(2)A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.

(3)Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.

(4)This section does not require any person to admit a pupil to a particular school or institution.]

Textual Amendments

[F2933E Pupils' choices of local curriculum coursesE+W

(1)A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3).

(2)The entitlement period—

(a)begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and

(b)ends on the day on which he or she attains the age of nineteen.

(3)Regulations may make provision as to the making of elections under this section, including in particular provision—

(a)specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;

(b)identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;

(c)as to the period during which elections are to be made.

(4)For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—

(a)where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—

(i)where the Welsh Ministers have formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or

(ii)where the Welsh Ministers have formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);

(b)where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—

(i)where the Welsh Ministers have formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or

(ii)where the Welsh Ministers have formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).]

Textual Amendments

F29 S. 33E inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 26, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(c)

[F3033FStudents' local curriculum entitlementsE+W

(1)During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—

(a)the governing body of the student's relevant school or institution [F31was not at the beginning of the entitlement period, or subsequently ceases to be,] responsible for providing (or making arrangements for the provision of) the majority of the student's education; or

(b)before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study.

(2)Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.]

Textual Amendments

F31Words in s. 33F(1)(a) substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 22(2), 26(3); S.I. 2011/1951, art. 2

[F3233GHead teacher's or principal's decision as to entitlementE+W

(1)If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E.

(2)The grounds referred to in subsection (1) are that—

(a)as a result of the student's level of educational attainment, the course of study is not suitable for him or her;

(b)as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study;

(c)the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student's education;

(d)disproportionate expenditure would be incurred if the student were to follow the course of study;

(e)the student's or another person's health or safety would be placed unacceptably at risk if the student were to follow the course of study.

(3)Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—

(a)as to the time or date by which decisions are to be made;

(b)as to the procedure to be followed in connection with the making of decisions;

(c)for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;

(d)as to the time or date by which appeals are to be determined;

(e)as to the procedure to be followed in connection with the determination of an appeal.

(4)A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5)The Welsh Ministers may by order—

(a)amend or omit any paragraph of subsection (2);

(b)add additional paragraphs to that subsection;

(c)amend or omit such additional paragraphs.]

Textual Amendments

F32 S. 33G inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 28, 49(2); S.I. 2011/97, art. 2(1)(d)(2)(e)

[F3333HDelivery of local curriculum entitlementsE+W

Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student's relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body.]

Textual Amendments

[F3433IHead teacher's or principal's decision to remove entitlementE+W

(1)If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F.

(2)The grounds referred to in subsection (1) are that—

(a)the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;

(b)disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.

(3)Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—

(a)as to the procedure to be followed in connection with the making of decisions;

(b)for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;

(c)as to the effect of a decision pending determination of an appeal;

(d)as to the procedure to be followed in connection with the determination of an appeal.

(4)A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5)The Welsh Ministers may by order—

(a)amend or omit any paragraph of subsection (2);

(b)add additional paragraphs to that subsection;

(c)amend or omit such additional paragraphs.]

Textual Amendments

F34 S. 33I inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 30, 49(2); S.I. 2011/97, art. 2(1)(e)(2)(g)

[F3533JPlanning the local curriculumE+W

(1)The following persons must assist the Welsh Ministers in planning the local curriculum or curricula for a local authority's area—

(a)the local authority;

(b)the governing body and head teacher of any maintained school maintained by the authority;

(c)the governing body and principal of an institution in the authority's area.

(2) In subsection (1), “ planning the local curriculum or curricula ” means the process by which the Welsh Ministers decide under section 33A which courses of study to include in the local curriculum or curricula.

[F36(3)The persons mentioned in paragraphs (a) to (c) of subsection (1) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under that subsection.

(4)The persons mentioned in paragraphs (a) and (b) of subsection (1) must comply with any direction given by the Welsh Ministers as to the exercise of their functions under that subsection.]]

Textual Amendments

F35 S. 33J inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 31 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(f)

[F3733KDelivery of local curriculum entitlements: joint-workingE+W

(1)The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A.

(2)In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.

(3)The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.

(4)The persons are—

(a)the local authority;

(b)the governing body of a secondary school maintained by the authority; and

(c)the governing body of an institution within the further education sector which is situated within the area of the authority.

(5)In this section and section 33L “co-operation arrangements” means—

(a)arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school;

(b)arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution;

[F38(ba)arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.]

F39(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of this section, “relevant local curriculum” means—

(a)in relation to a maintained school—

(i)where the Welsh Ministers have formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or

(ii)where the Welsh Ministers have formed more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);

(b)in relation to an institution—

(i)where the Welsh Ministers have formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or

(ii)where the Welsh Ministers have formed more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).]

Textual Amendments

F37S. 33K inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 32, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(g)

F39S. 33K(5)(c)(d) omitted (16.11.2012) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 9(2)(b), 33(2); S.I. 2012/2656, art. 2

[F4033LJoint-working: guidance and directionsE+W

(1)A local authority, a governing body of a maintained school and the governing body of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 33K.

(2)Guidance given under subsection (1) may relate to the contents of co- operation arrangements.

(3)[F41A local authority and a governing body of a maintained school] must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.

(4)A direction under subsection (3)—

(a)may require persons to enter into specified arrangements;

(b)may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);

(c)in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.]

Textual Amendments

F40 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)

[F4233MPower to amend learning domainsE+W

The Welsh Ministers may by order—

(a)amend or omit any paragraph of subsection (3) of section 33A;

(b)add additional paragraphs to that subsection;

(c)amend or omit such additional paragraphs.]

Textual Amendments

[F4333N The local curriculum: interpretationE+W

(1)In sections 33A to 33L—

(2)Unless the context otherwise requires, an expression used in sections 33A to 33N, 33P and 33Q and also the Education Act 1996 is to bear for the purposes of those sections the meaning given to it for the purposes of that Act.]

Textual Amendments

F44Words in s. 33N(1) substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 22(3), 26(3); S.I. 2011/1951, art. 2

[F4833OLocal curriculum: directionsE+W

Any direction given by the Welsh Ministers under sections 33A(4), 33J(3) and 33L(3) may be varied or revoked by a further direction.]

Textual Amendments

[F4933PApplication of local curriculum provisions to students who are registered pupils of special schools or who have [F50learning difficulties] [F50additional learning needs]E+W

(1)Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3).

(2)The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

(3)A person falls within this subsection if he or she—

(a)is above compulsory school age; and

(b)either—

(i)a registered pupil of a community F51... special school which is maintained by a local authority in Wales and is not established in a hospital; or

(ii)receiving the majority of his or her education at an institution which provides education wholly or mainly for persons with [F52a learning difficulty] [F52additional learning needs] (within the meaning of section 41).]

Textual Amendments

F49 S. 33P inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 37, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(l)

[F5333QApplication of local curriculum provisions to institutions within the higher education sectorE+W

(1)Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in relation to an institution, or institutions, within the higher education sector in Wales as those provisions apply in relation to an institution within the further education sector in Wales.

(2)The regulations may also apply those provisions in relation to the principal or governing body of an institution within the higher education sector in Wales (or to persons with functions that are similar to those of a principal or governing body) as they apply in relation to the principal or governing body of an institution within the further education sector in Wales.

(3)The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.]

Textual Amendments

Main powersE+W

34 Provision of financial resources.E+W

(1)The [F54Welsh Ministers] may secure the provision of financial resources to—

(a)persons providing or proposing to provide post-16 education or training;

(b)persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;

(c)persons receiving or proposing to receive post-16 education or training;

(d)persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the M3Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

(e)institutions within the further or higher education sector (within the meaning of section 91 of the M4Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

(f)persons undertaking or proposing to undertake research relating to education or training;

(g)persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;

(h)persons carrying out means tests under arrangements made under section 37;

(i)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

(2)The [F54Welsh Ministers] may secure the provision of financial resources under subsection (1)—

(a)by providing resources [F55themselves];

(b)by making arrangements for the provision of resources by another person;

(c)by making arrangements for the provision of resources by persons jointly (whether or not including the [F54Welsh Ministers]).

(3)In exercising [F56their power] under subsection (1)(c) the [F54Welsh Ministers] may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

Textual Amendments

Commencement Information

I4S. 34 not in force at Royal Assent see s. 154; s. 34 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

35 Financial resources: conditions.E+W

(1)If the [F57Welsh Ministers themselves provide] financial resources [F58under section 34][F59they may impose] conditions; and the conditions may include any provisions described below.

(2)The conditions may—

(a)require the [F60Welsh Ministers] or a person designated [F61by them] to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;

(b)require a person to whom financial resources are provided to give to the[F60Welsh Ministers] information [F62they request] for the purpose of carrying out [F63their functions].

(3)The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—

(a)for the provider to charge fees by reference to specified criteria;

(b)for the provider to make awards by reference to specified criteria;

(c)for the provider to recover amounts from persons receiving education or training or from employers (or from both);

(d)for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);

(e)for specified exemptions to operate where provision is made under paragraph (c);

(f)for the provider to make provision specified in a report of an assessment conducted under section F64... 140.

(4)F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions may—

(a)enable the [F66Welsh Ministers] to require the repayment (in whole or part) of sums paid by the [F67National Assembly] if any of the conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period in which a sum due to the [F67National Assembly] in accordance with any condition is unpaid.

(6)F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Words in s. 35(3)(f) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 72; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F65S. 35(4)(6) repealed (1.9.2002) by 2001 c. 10, ss. 34(8), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I5S. 35 not in force at Royal Assent see s. 154; s. 35 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

36 Funding of school sixth-forms.E+W

(1)The [F68Welsh Ministers] may make a grant to a [F69local authority]—

(a)on the condition that the grant be applied as part of the authority’s [F70schools budget] for a [F71funding period ], and

(b)with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.

(2)A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).

[F72(3)In this section—

Textual Amendments

F69Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)

F70Words in s. 36(1)(a) substituted (4.12.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(2) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. 2; S.I. 2006/2895, art. 2

F71Words in s. 36(1)(a) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(2) (with s. 119); S.I. 2010/735, art. 2(e)

F72S. 36(3) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(3) (with s. 119); S.I. 2010/735, art. 2(e)

Commencement Information

I6S. 36 not in force at Royal Assent see s. 154; s. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

37 Assessments and means tests.E+W

(1)The [F74Welsh Ministers] may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

(2)The [F74Welsh Ministers] may take the assessments into account in deciding how to exercise [F75their powers] under section 34.

(3)The [F74Welsh Ministers] may—

(a)carry out means tests;

(b)arrange for other persons to carry out means tests.

(4)The [F74Welsh Ministers] may take the results of the tests into account in exercising [F76their power] under section 34(1)(c).

Textual Amendments

Commencement Information

I7S. 37 not in force at Royal Assent see s. 154; s. 37 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

38 Qualifying accounts and arrangements.E+W

(1)The [F77Welsh Ministers] may promote—

(a)the holding of accounts which qualify under section 104;

(b)the making of arrangements which qualify under section 105.

F78(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8S. 38 not in force at Royal Assent see s. 154; s. 38 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

F7939 Further education: governors.E+W

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Textual Amendments

Other functionsE+W

40 Research and information.E+W

F80(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F81Welsh Ministers] must establish systems for collecting information which is designed to secure that [F82their decisions] with regard to education and training are made on a sound basis.

(6)The [F81Welsh Ministers] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Textual Amendments

Commencement Information

I9S. 40 not in force at Royal Assent see s. 154; s. 40 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

41 Persons with [F83learning difficulties] [F83additional learning needs].E+W

(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F84Welsh Ministers] must have regard—

(a)to the needs of persons with [F85learning difficulties, and] [F85additional learning needs;]

[F86(b)in particular, to any report of an assessment conducted under section F87... 140.]

[F86(b)to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.]

[F88(2)If the [F89Welsh Ministers are] satisfied that [F90they cannot] secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless [F91they also secure] the provision of boarding accommodation for him, the [F92Welsh Ministers must] secure the provision of boarding accommodation for him.]

[F93(3)If the [F89Welsh Ministers are] satisfied that [F90they cannot] secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless [F91they also secure] the provision of boarding accommodation for him, the [F92Welsh Ministers must] secure the provision of boarding accommodation for him.]

[F94(4)If the [F89Welsh Ministers are] satisfied that [F90they cannot] secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless [F91they also secure] the provision of boarding accommodation for him, the [F95Welsh Ministers may] secure the provision of boarding accommodation for him.]

[F96(5)A person has a learning difficulty if—

(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.]

[F96(5A)In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.]

[F97(6)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.]

Textual Amendments

F87Words in s. 41(1)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 73; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Commencement Information

I10S. 41 not in force at Royal Assent see s. 154; s. 41 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

F9842 Equality of opportunity.E+W

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Textual Amendments

F9843 Plans.E+W

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Textual Amendments

F9844 Strategy.E+W

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Textual Amendments

F9845 Use of information by Council.E+W

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Textual Amendments

F9846 Supplementary functions.E+W

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Textual Amendments

MiscellaneousE+W

F9847 Directions.E+W

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Textual Amendments

F9848 Committees.E+W

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Textual Amendments

F9849 Grants to Council.E+W

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Textual Amendments

F9850 Annual report.E+W

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Textual Amendments

F9851 Council’s financial year.E+W

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Textual Amendments