Part II

Further Education and Sixth Form Education: Wales
...

The Council.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Main duties

Education and training for persons aged 16 to 19.
31
1
The National Assembly for Wales (the National Assembly) 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, and
b
of a quality adequate to meet those needs.
3
In performing the duty imposed on it by subsection (1) the National Assembly 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;
d
take account of facilities whose provision the National Assembly thinks might reasonably be secured by other persons;
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 Education Reform Act 1988.

Education and training for persons over 19.
32
1
The National Assembly 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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In performing the duty imposed on it by subsection (1) the National Assembly 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;
d
take account of facilities whose provision the National Assembly thinks might reasonably be secured by other persons;
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 Education 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.

Encouragement of education and training.
33
The National Assembly 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.

Main powers

Provision of financial resources.
34
1
The National Assembly 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 Education 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 Further 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 National Assembly may secure the provision of financial resources under subsection (1)—
a
by providing resources itself;
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 National Assembly).
3
In exercising its power under subsection (1)(c) the National Assembly 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).

Financial resources: conditions.
35
1
If the National Assembly itself provides financial resources under section 34 it may impose conditions; and the conditions may include any provisions described below.
2
The conditions may—
a
require the National Assembly or a person designated by it 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 National Assembly information it requests for the purpose of carrying out its functions under this Part .
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 140.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The conditions may—
a
enable the National Assembly to require the repayment (in whole or part) of sums paid by the National 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 National Assembly in accordance with any condition is unpaid.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funding of school sixth-forms.
36
1
The National Assembly may make a grant to a local education authority—
a
on the condition that the grant be applied as part of the authority’s schools budget for a financial year, 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).
3
“Schools budget” has the same meaning as in Part II of the School Standards and Framework Act 1998 (framework for maintained schools).

Assessments and means tests.
37
1
The National Assembly may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
2
The National Assembly may take the assessments into account in deciding how to exercise its powers under section 34.
3
The National Assembly may—
a
carry out means tests;
b
arrange for other persons to carry out means tests.
4
The National Assembly may take the results of the tests into account in exercising its power under section 34(1)(c).

Qualifying accounts and arrangements.
38
1
The National Assembly may promote—
a
the holding of accounts which qualify under section 104;
b
the making of arrangements which qualify under section 105.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further education: governors.
39
1
The National Assembly may appoint a person to be a member of the governing body of an institution which—
a
falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and
b
mainly serves the population of Wales.
2
But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.

Other functions

Research and information.
40
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The National Assembly must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.
6
The National Assembly may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Persons with learning difficulties.
41
1
In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the National Assembly must have regard—
a
to the needs of persons with learning difficulties, and
b
in particular, to any report of an assessment conducted under section 140.
2
If the National Assembly is satisfied that it 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 it also secures the provision of boarding accommodation for him, the National Assembly must secure the provision of boarding accommodation for him.
3
If the National Assembly is satisfied that it 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 it also secures the provision of boarding accommodation for him, the National Assembly must secure the provision of boarding accommodation for him.
4
If the National Assembly is satisfied that it 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 it also secures the provision of boarding accommodation for him, the National Assembly may secure the provision of boarding accommodation for him.
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.
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.

Equality of opportunity.
42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plans.
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Strategy.
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of information by Council.
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary functions.
46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Directions.
47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees.
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants to Council.
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual report.
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Council’s financial year.
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
1988 c. 40 .
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
1988 c. 40 .
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
S. 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
1988 c. 40.
1992 c. 13.
S. 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
S. 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
S. 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
1998 c. 31.
S. 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
S. 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
S. 39 not in force at Royal Assent see s. 154; s. 39 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
1992 c. 13.
S. 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
S. 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
Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)
Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
S. 30 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
S. 30 crossheading omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
Words in s. 31(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 51(a) (with art. 7)
Words in s. 31(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 51(b) (with art. 7)
S. 31(3)(e) omitted (1.4.2006) by virtue of
National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238)
,
art. 1(1)
,
Sch. 1 para. 51(c)
(with
art. 7
)
S. 31(4) omitted (1.4.2006) by virtue of
National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238)
,
art. 1(1)
,
Sch. 1 para. 51(d)
(with
art. 7
)
Words in s. 32(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(a) (with art. 7)
S. 32(2) omitted (1.4.2006) by virtue of
National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238),
art. 1(1),
Sch. 1 para. 52(b)
(with
art. 7)
Words in s. 32(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(c) (with art. 7)
S. 32(3)(e) omitted (1.4.2006) by virtue of
National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238),
art. 1(1),
Sch. 1 para. 52(d)
(with
art. 7)
S. 32(4) omitted (1.4.2006) by virtue of
National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238),
art. 1(1),
Sch. 1 para. 52(e)
(with
art. 7)
Words in s. 33 substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 53 (with art. 7)
Words in s. 34(1)(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 54(a) (with art. 7)
Words in s. 34(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 54(b) (with art. 7)
Words in s. 35(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(i) (with art. 7)
Words in s. 35(1) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(ii) (with art. 7)
Words in s. 35(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(i) (with art. 7)
Words in s. 35(2) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(ii) (with art. 7)
Words in s. 35(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(c) (with art. 7)
Words in s. 36(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 56 (with art. 7)
Words in s. 37(1)-(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 57 (with art. 7)
Words in s. 38(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(a) (with art. 7)
S. 38(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(b) (with art. 7)
Words in s. 39(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 59 (with art. 7)
S. 40(1)-(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(a) (with art. 7)
Words in s. 40(5)(6) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(b) (with art. 7)
Words in s. 41(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 61(a) (with art. 7)
Words in s. 41(2)(3)(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 61(b) (with art. 7)
Words 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
Words in s. 36(3) substituted (4.12.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(3) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. II; S.I. 2006/2895, art. 2