http://www.legislation.gov.uk/ukpga/2000/21/part/II/2011-07-10Learning and Skills Act 2000An Act to establish the Learning and Skills Council for England and the National Council for Education and Training for Wales, to make other provision about education and training, and for connected purposes.texttext/xmlenStatute Law Database2026-05-07Expert Participation2011-07-10 Learning and Skills Act 2000s. 99(2A)Apprenticeships, Skills, Children and Learning Act 2009Sch. 6 para. 45(3) Sch. 16 Pt. 2s. 269(4)art. 3Sch. 2Learning and Skills Act 2000s. 3A-3DApprenticeships, Skills, Children and Learning Act 2009Sch. 16 Pt. 2s. 269(4)art. 3Sch. 2art. 1314Learning and Skills Act 2000s. 18(9)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 4 para. 4(b)art. 1Learning and Skills Act 2000s. 18C(9)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 4 para. 4(b)art. 1Learning and Skills Act 2000s. 3A-3DEducation and Inspections Act 2006s. 75(1)s. 188(3)Learning and Skills Act 2000s. 3D(6)Further Education and Training Act 2007Sch. 1 para. 14s. 32(5)art. 2(h)Learning and Skills Act 2000s. 99(2A)Education and Skills Act 2008s. 160(2)s. 173(3)(4) Part II30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .311Welsh Ministers must secure the provision of proper facilities for—aeducation (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,btraining suitable to the requirements of such persons,corganised leisure-time occupation connected with such education, anddorganised leisure-time occupation connected with such training.2Facilities are proper if they are—aof a quantity sufficient to meet the reasonable needs of individuals, ...bof a quality adequate to meet those needs and csufficient to satisfy the entitlements conferred under section 33F3In performing the duty imposed on them by subsection (1) the Welsh Ministers must—atake account of the places where facilities are provided, the character of facilities and the way they are equipped;btake account of the different abilities and aptitudes of different persons;ctake account of the education and training required in different sectors of employment for employees and potential employees;dtake account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5For the purposes of this section—aeducation includes both full-time and part-time education;btraining includes both full-time and part-time training;ctraining includes vocational, social, physical and recreational training;dhigher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.321The Welsh Ministers must secure the provision of reasonable facilities for—aeducation (other than higher education) suitable to the requirements of persons who have attained the age of 19,btraining suitable to the requirements of such persons,corganised leisure-time occupation connected with such education, anddorganised leisure-time occupation connected with such training.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3In performing the duty imposed on them by subsection (1) the Welsh Ministers must—atake account of the places where facilities are provided, the character of facilities and the way they are equipped;btake account of the different abilities and aptitudes of different persons;ctake account of the education and training required in different sectors of employment for employees and potential employees;dtake account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5For the purposes of this section—aeducation includes both full-time and part-time education;btraining includes both full-time and part-time training;ctraining includes vocational, social, physical and recreational training;dhigher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.6References in this Part to post-16 education are to—aeducation falling within section 31(1)(a) or subsection (1)(a) above, andborganised leisure-time occupation connected with such education.7References in this Part to post-16 training are to—atraining falling within section 31(1)(b) or subsection (1)(b) above, andborganised leisure-time occupation connected with such training.33The Welsh Ministers must—aencourage individuals to undergo post-16 education and training;bencourage employers to participate in the provision of post-16 education and training;cencourage employers to contribute to the costs of post-16 education and training.33A1The 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.2Each local curriculum must consist of courses of study each of which—afalls within a category in subsection (3) (the “learning domains”); andbis from time to time selected by the Welsh Ministers to form part of that local curriculum.3The learning domains are—amathematics, science and technology;bbusiness, administration and law;cservices for people;darts, media, culture and languages;ehumanities, social sciences and preparation for life and work.4For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.33BThe 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.33C1This section applies where the Welsh Ministers form more than one local curriculum for the area of a local authority under section 33A.2In 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.33D1Where, during the fourth key stage, 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).2A 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.3Regulations 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.4This section does not require any person to admit a pupil to a particular school or institution.33E1A 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).2The entitlement period—abegins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; andbends on the day on which he or she attains the age of nineteen.3Regulations may make provision as to the making of elections under this section, including in particular provision—aspecifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;bidentifying 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;cas to the period during which elections are to be made.4For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—awhere it has been determined under section 33D that a pupil's “relevant school or institution” is a school—iwhere 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; oriiwhere 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);bwhere it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—iwhere 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; oriiwhere 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).33F1During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—athe governing body of the student's relevant school or institution ceases to be responsible for providing (or making arrangements for the provision of) the majority of the student's education; orbbefore 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.2Where 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.33G1If 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.2The grounds referred to in subsection (1) are that—aas a result of the student's level of educational attainment, the course of study is not suitable for him or her;bas 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;cthe 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;ddisproportionate expenditure would be incurred if the student were to follow the course of study;ethe 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.3Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—aas to the time or date by which decisions are to be made;bas to the procedure to be followed in connection with the making of decisions;cfor appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;das to the time or date by which appeals are to be determined;eas to the procedure to be followed in connection with the determination of an appeal.4A 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.5The Welsh Ministers may by order—aamend or omit any paragraph of subsection (2);badd additional paragraphs to that subsection;camend or omit such additional paragraphs.33HWhere 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.33I1If 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.2The grounds referred to in subsection (1) are that—athe 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;bdisproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.3Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—aas to the procedure to be followed in connection with the making of decisions;bfor appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;cas to the effect of a decision pending determination of an appeal;das to the procedure to be followed in connection with the determination of an appeal.4A 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.5The Welsh Ministers may by order—aamend or omit any paragraph of subsection (2);badd additional paragraphs to that subsection;camend or omit such additional paragraphs.33J1The following persons must assist the Welsh Ministers in planning the local curriculum or curricula for a local authority's area—athe local authority;bthe governing body and head teacher of any maintained school maintained by the authority;cthe 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. 3The persons mentioned in subsection (1) (a) to (c) must—ahave regard to any guidance given from time to time; andbcomply with any directions given,by the Welsh Ministers as to the exercise of their functions under that subsection.33K1The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A.2In 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.3The 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.4The persons are—athe local authority;bthe governing body of a secondary school maintained by the authority; andcthe governing body of an institution within the further education sector which is situated within the area of the authority.5In this section and section 33L “co-operation arrangements” means—aarrangements 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;barrangements 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;carrangements made under regulations under section 26 of the Education Act 2002 (collaboration between schools); anddarrangements made under regulations under section 166 of the Education and Inspections Act 2006 (collaboration arrangements: maintained schools and further education bodies).6For the purposes of this section, “relevant local curriculum” means—ain relation to a maintained school—iwhere 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; oriiwhere 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);bin relation to an institution—iwhere the Welsh Ministers have formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; oriiwhere 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).33L1A 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.2Guidance given under subsection (1) may relate to the contents of co- operation arrangements.3The persons mentioned in subsection (1) must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.4A direction under subsection (3)—amay require persons to enter into specified arrangements;bmay specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);cin 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.33MThe Welsh Ministers may by order—aamend or omit any paragraph of subsection (3) of section 33A;badd additional paragraphs to that subsection;camend or omit such additional paragraphs.33N1In sections 33A to 33L— “ academic year ” means the period of 12 months beginning on 1 September; “ course of study ” means a course of education and training which leads to a qualification or set of qualifications approved under section 99 for the purposes of section 96; “ entitlement period ” means the period described in section 33E(2); “ fourth key stage ” is to be construed in accordance with section 103 of the Education Act 2002; “ institution ” means an institution within the further education sector in Wales unless the institution provides education wholly or mainly for persons with a learning difficulty (within the meaning of section 41); “local curriculum” and “local curricula” are to be construed in accordance with section 33A; “local authority” means a local authority in Wales; “ maintained school ” means a community, foundation or voluntary school maintained by a local authority in Wales provided that it is also a secondary school; “principal”, in relation to an institution, means the principal or other head of the institution; “regulations” means regulations made by the Welsh Ministers; “relevant school or institution”, in relation to a person, is to be construed in accordance with section 33D; “relevant student”, in relation to a maintained school or institution, means a student for whom the school or institution is his or her relevant school or institution; “student” means a person who has made an election under section 33E.2Unless 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.33OAny direction given by the Welsh Ministers under sections 33A(4), 33J(3) and 33L(3) may be varied or revoked by a further direction.33P1Regulations 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).2The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.3A person falls within this subsection if he or she—ais above compulsory school age; andbeither—ia registered pupil of a community or foundation special school which is maintained by a local authority in Wales and is not established in a hospital; oriireceiving the majority of his or her education at an institution which provides education wholly or mainly for persons with a learning difficulty (within the meaning of section 41).33Q1Regulations 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.2The 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.3The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.341The Welsh Ministers may secure the provision of financial resources to—apersons providing or proposing to provide post-16 education or training;bpersons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;cpersons receiving or proposing to receive post-16 education or training;dpersons 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);einstitutions 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);fpersons undertaking or proposing to undertake research relating to education or training;gpersons 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;hpersons carrying out means tests under arrangements made under section 37;ipersons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).2The Welsh Ministers may secure the provision of financial resources under subsection (1)—aby providing resources themselves;bby making arrangements for the provision of resources by another person;cby making arrangements for the provision of resources by persons jointly (whether or not including the Welsh Ministers).3In exercising their power under subsection (1)(c) the Welsh 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).351If the Welsh Ministers themselves provide financial resources under section 34they may impose conditions; and the conditions may include any provisions described below.2The conditions may—arequire the Welsh Ministers or a person designated by 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;brequire a person to whom financial resources are provided to give to theWelsh Ministers information they request for the purpose of carrying out their functions.3The 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—afor the provider to charge fees by reference to specified criteria;bfor the provider to make awards by reference to specified criteria;cfor the provider to recover amounts from persons receiving education or training or from employers (or from both);dfor amounts to be determined by reference to specified criteria where provision is made under paragraph (c);efor specified exemptions to operate where provision is made under paragraph (c);ffor the provider to make provision specified in a report of an assessment conducted under section 139A or 140.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5The conditions may—aenable the Welsh Ministers 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;brequire 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .361The Welsh Ministers may make a grant to a local authority—aon the condition that the grant be applied as part of the authority’s schools budget for a funding period , andbwith 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.2A 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).3In this section— “ funding period ” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period; “local authority” means a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996); “ schools budget ” has the same meaning as in Part 2 of that Act (framework for maintained schools). 371The Welsh Ministers may develop schemes for the assessment of the performance of persons in providing post-16 education and training.2The Welsh Ministers may take the assessments into account in deciding how to exercise their powers under section 34.3The Welsh Ministers may—acarry out means tests;barrange for other persons to carry out means tests.4The Welsh Ministers may take the results of the tests into account in exercising their power under section 34(1)(c).381The Welsh Ministers may promote—athe holding of accounts which qualify under section 104;bthe making of arrangements which qualify under section 105.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .391The Welsh Ministers may appoint a person to be a member of the governing body of an institution which—afalls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), andbmainly serves the population of Wales.2But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5The Welsh Ministers must establish systems for collecting information which is designed to secure that their decisions with regard to education and training are made on a sound basis.6The Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).411In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the Welsh Ministers must have regard—ato the needs of persons with learning difficulties, andbin particular, to any report of an assessment conducted under section 139A or 140.2If the Welsh Ministers are satisfied that they 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 they also secure the provision of boarding accommodation for him, the Welsh Ministers must secure the provision of boarding accommodation for him.3If the Welsh Ministers are satisfied that they 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 they also secure the provision of boarding accommodation for him, the Welsh Ministers must secure the provision of boarding accommodation for him.4If the Welsh Ministers are satisfied that they 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 they also secure the provision of boarding accommodation for him, the Welsh Ministers may secure the provision of boarding accommodation for him.5A person has a learning difficulty if—ahe has a significantly greater difficulty in learning than the majority of persons of his age, orbhe 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.6But 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.42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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. I1988 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. IS. 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. IS. 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. IS. 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. IS. 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. I1992 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. IS. 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. IS. 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. 1S. 33F inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 27, 49(2); S.I. 2011/97, art. 2(2)(d)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) S. 33Q inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 38 , 49(2); S.I. 2011/97, art. 2(1)(m) S. 33M inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 34 , 49(2); S.I. 2011/97, art. 2(1)(i) 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) 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) S. 33B inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 23, 49(2); S.I. 2011/97, art. 2(1)(a) Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(b); S.I. 2011/97, art. 2(1)(p) 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) Words in s. 37 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 35(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(a)(i); S.I. 2011/97, art. 2(1)(p) S. 33O inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 36, 49(2); S.I. 2011/97, art. 2(1)(k) 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. 41(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(b); S.I. 2011/97, art. 2(1)(p) 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. 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) 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) Word in s. 34(2)(a) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 6(a); S.I. 2011/97, art. 2(1)(p)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) Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(a); S.I. 2011/97, art. 2(1)(p) 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. 2S. 33H inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 29, 49(2); S.I. 2011/97, art. 2(2)(f) 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)Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(b)(ii); S.I. 2011/97, art. 2(1)(p)Word in s. 31(2)(a) repealed (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(a), 49(2); S.I. 2011/97, art. 2(2)(a)Words in s. 41(2)-(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(a)(i); S.I. 2011/97, art. 2(1)(p) 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) Words in s. 39(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p) Words in s. 32(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p) Words in s. 41(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(c); S.I. 2011/97, art. 2(1)(p) Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(c); S.I. 2011/97, art. 2(1)(p) 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 ) 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) S. 31(2)(c) inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(c), 49(2); S.I. 2011/97, art. 2(2)(a)Words in s. 37(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 8(b); S.I. 2011/97, art. 2(1)(p)Words in s. 35(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(a)(ii); S.I. 2011/97, art. 2(1)(p) 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) S. 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)Words in s. 41(1)(b) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(d)Words 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)Words in s. 38(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 35(5) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 31(3)(d) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(d); S.I. 2011/97, art. 2(1)(p)Words in s. 36(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 31(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(c); S.I. 2011/97, art. 2(1)(p)S. 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)Words in s. 31(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(b); S.I. 2011/97, art. 2(1)(p)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)Words in s. 31(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(a); S.I. 2011/97, art. 2(1)(p)Words in s. 36(3) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(3) S. 33D inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 25, 49(2); S.I. 2011/97, art. 2(1)(b) 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. 41(2)-(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(a)(iii); S.I. 2011/97, art. 2(1)(p)Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(b)(i); S.I. 2011/97, art. 2(1)(p) 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) Words in s. 34(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 6(b); S.I. 2011/97, art. 2(1)(p)Words in s. 34 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 41(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 41(2)-(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(a)(ii); S.I. 2011/97, art. 2(1)(p)Word in s. 31(2)(b) inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(b), 49(2); S.I. 2011/97, art. 2(2)(a) S. 33N inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 35, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(j) 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)Words in s. 33 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 40 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)Words in s. 35(3)(f) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(c)Words in s. 40(5) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 9; S.I. 2011/97, art. 2(1)(p)Words in s. 37(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 8(a); S.I. 2011/97, art. 2(1)(p)S. 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)Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(b)(iii); S.I. 2011/97, art. 2(1)(p) 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) Words 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)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)