Apprenticeships, Skills, Children and Learning Act 2009

Education Act 1997 (c. 44)

16 (1) Section 32 (supplementary provisions relating to discharge by the Welsh Ministers of their functions) is amended as follows.

(2) In subsection (1)(c)—

(a) in sub-paragraph (ii) before “requirements” insert “reasonable”;

(b) for sub-paragraph (iii) substitute—

“(iii) the reasonable requirements of persons with learning difficulties.”

(3) In subsection (4) for paragraph (a) (but not the “and” after it) substitute—

“(a) limiting the amount of a fee that can be charged for the award or authentication of, or for the provision of any other service in relation to, the qualification in question;”.

(4) Omit subsection (4A).

(5) For subsection (6) substitute—

“(6) In this section “persons with learning difficulties” means—

(a) children with special educational needs (as defined in section 312 of the Education Act 1996), and

(b) other persons who—

(i) have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii) have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person’s home.”