Part II

National Council for Education and Training for Wales

Other functions

Research and information
40
1
The Council may carry out research relating to any matter relevant to any of its functions.
2
The Council must provide the National Assembly with such information or advice as the National Assembly requests about any matter in relation to which the Council has a function.
3
The Council may provide the National Assembly with such information or advice as the Council thinks fit about any matter in relation to which it has a function.
4
The Council may provide any person designated by the National Assembly with such information as the Council thinks fit about any matter in relation to which it has a function.
5
The Council 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 Council 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 Council 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 Council 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 Council must secure the provision of boarding accommodation for him.
3
If the Council 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 Council must secure the provision of boarding accommodation for him.
4
If the Council 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 Council 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
1
In exercising its functions the Council must have due regard to the need to promote equality of opportunity—
a
between persons of different racial groups,
b
between men and women, and
c
between persons who are disabled and persons who are not.
2
As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing—
a
a statement of the arrangements made under subsection (1) and having effect in the year;
b
an assessment of how effective the arrangements were in promoting equality of opportunity.
3
The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
4
The Council must send a copy of the report to the National Assembly.
5
“Racial group” has the same meaning as in the Race Relations Act 1976.
6
Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.

Plans
43
1
The Council must make a plan for each of its financial years.
2
The Council must send its plan for its first financial year to the National Assembly as soon as is reasonably practicable after the year starts.
3
The Council must send its plan for any subsequent financial year of the Council to the National Assembly before the year starts.
4
A plan for a financial year must include—
a
proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the National Assembly or with conditions imposed under section 49;
b
the Council’s financial proposals for the year;
c
such other matters as the National Assembly specifies.
5
The National Assembly must approve the plan or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
6
The Council must publish the plan as approved by the National Assembly or as altered in accordance with the National Assembly’s requirements; and publication must be made at such time and in such manner as the National Assembly specifies.
7
The Council may make and publish such other plans as it thinks fit; but any such plan must not conflict with a plan for a financial year.

Strategy
44
1
The Council must formulate a strategy in relation to its functions and keep it under review.
2
The Council must incorporate in the strategy proposals as to—
a
how it intends to achieve any objectives contained in directions of the National Assembly;
b
how it intends to achieve such objectives within any time limits contained in such directions.
3
The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).
4
The Council—
a
may at any time send to the National Assembly a copy of the strategy as it subsists for the time being;
b
must at such times as the National Assembly indicates send to the Assembly a copy of the strategy as it subsists for the time being.
5
The National Assembly must approve the strategy sent to it or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
6
In exercising its functions the Council must have regard to the strategy as approved by the National Assembly or as altered in accordance with its requirements.

Use of information by Council
45
In carrying out its functions the Council must have regard to information supplied to it by any body designated by the National Assembly for the purposes of this section.

Supplementary functions
46
1
The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.
2
In particular it may—
a
acquire and dispose of land and other property;
b
enter into contracts;
c
invest sums not immediately needed for the purpose of exercising its other functions;
d
accept financial resources (whether as gifts or otherwise);
e
accept gifts of land and other property.
3
But the Council has no power—
a
to borrow money;
b
to lend money unless the National Assembly consents;
c
to subscribe for or otherwise acquire shares in or securities of a company unless the National Assembly consents.
4
The National Assembly may by order confer or impose on the Council such supplementary powers or duties relating to the provision of post-16 education or training as the National Assembly thinks fit.
5
For the purposes of subsection (4) a power or duty is supplementary if—
a
it is exercisable in connection with functions of the National Assembly, and
b
it is relevant to the provision of facilities for post-16 education or training.
1976 c. 74.
1995 c. 50.