Part IIFurther Education and Sixth Form Education: Wales

Other functions

40 Research and information.

F1(1)

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F1(2)

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F1(3)

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F1(4)

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(5)

The F2Welsh Ministers must establish systems for collecting information which is designed to secure that F3their decisions with regard to education and training are made on a sound basis.

(6)

The F2Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

41 Persons with F4learning difficultiesF4additional learning needs.

(1)

In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the F5Welsh Ministers must have regard—

(a)

to the needs of persons with F6learning difficulties, and F6additional learning needs;

F7(b)

in particular, to any report of an assessment conducted under section F8... 140.

F7(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.

F9(2)

If the F10Welsh Ministers are satisfied that F11they 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 F12they also secure the provision of boarding accommodation for him, the F13Welsh Ministers must secure the provision of boarding accommodation for him.

F14(3)

If the F10Welsh Ministers are satisfied that F11they 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 F12they also secure the provision of boarding accommodation for him, the F13Welsh Ministers must secure the provision of boarding accommodation for him.

F15(4)

If the F10Welsh Ministers are satisfied that F11they 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 F12they also secure the provision of boarding accommodation for him, the F16Welsh Ministers may secure the provision of boarding accommodation for him.

F17(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.

F17(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.

F18(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.

F1942 Equality of opportunity.

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F1943 Plans.

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F1944 Strategy.

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F1945 Use of information by Council.

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F1946 Supplementary functions.

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