Learning and Skills Act 2000 (c. 21)

Part V U.K. Miscellaneous and general

Support for 11 to 25 year olds: Wales E+W

123 Provision of services. E+W

(1) The National Assembly for Wales may direct a local authority—

(a) to provide youth support services;

(b) to secure the provision of youth support services;

(c) to participate in the provision of youth support services.

(2) In this section “youth support services” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)—

(a) to participate effectively in education or training,

(b) to take advantage of opportunities for employment, or

(c) to participate effectively and responsibly in the life of their communities.

(3) In this section “young persons” means persons who have attained the age of 11 but not the age of 26.

(4) A direction under subsection (1)—

(a) may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),

(b) may require local authorities to have regard to guidance issued by the National Assembly, and

(c) may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.

(5) A direction under subsection (1)—

(a) may relate to a particular class of young person;

(b) may make different provision for different classes of young person;

(c) may be revoked or varied by a later direction.

Commencement Information

I1 S. 123 not in force at Royal Assent see s. 154; s. 123 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

124 Local authority: duty and powers. E+W

(1) A local authority—

(a) shall comply with a direction given to it under section 123(1), and

(b) may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).

(2) Action which a local authority takes in pursuance of subsection (1)—

(a) may relate to a particular class of young persons;

(b) may relate to services for a person from another area.

(3) In complying with a direction under section 123(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.

(4) For the purpose of subsection (1) a local authority may—

(a) incur expenditure;

(b) employ officers;

(c) enter into agreements for the supply of goods or services;

(d) do anything else (other than forming companies) which they consider necessary or expedient.

(5) Nothing in or done under section 123 shall prejudice any power of a local authority to provide services or incur expenditure.

Commencement Information

I2 S. 124 not in force at Royal Assent see s. 154; s. 124 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

125 Consultation and coordination. E+W

(1) Before complying with a direction under section 123(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area—

(a) a [F1 Local Health Board],

(b) a chief officer of police,

[F2 (c) a police and crime commissioner,]

(d) a probation committee

[F3 (da) a provider of probation services,] and

(e) a youth offending team.

(2) The local authority shall also—

(a) consult any voluntary body which provides services for young persons in the place or area concerned and which the local authority think it appropriate to consult,

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) consult any authority or person with whom arrangements have been made for the place or area concerned under section 10(1) or (3)(a), (b) or (c) of the M1 Employment and Training Act 1973 (careers services),

(d) consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,

(e) consult such other persons as the local authority think appropriate, and

(f) provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.

(3) Subsection (4) applies where a local authority—

(a) provide or propose to provide youth support services for the residents of a particular place or area, or

(b) secure or propose to secure the provision of youth support services for the residents of a particular place or area.

(4) Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—

(a) exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and

(b) coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.

(5) Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.

Textual Amendments

F1 Words in s. 125(1)(a) substituted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(2)

F2 S. 125(1)(c) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 251; S.I. 2012/2892, art. 2(i)

F3 S. 125(1)(da) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 16(4)

F4 S. 125(2)(b) 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. 74 (with art. 7)

Commencement Information

I3 S. 125 not in force at Royal Assent see s. 154; s. 125 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M1 1973 c. 50.

126 Educational institutions: information and access. E+W

(1) Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b) [F5 or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009], an educational institution to which this section applies shall, for the purpose of the provision of those services—

(a) provide him on request with the name and address of a pupil or student;

(b) provide him on request with the name and address of a parent of a pupil or student;

(c) provide him on request with information in the institution’s possession about a pupil or student;

(d) permit him to have access to a pupil or student on the institution’s premises at reasonable times;

(e) make available to him, so far as is reasonably convenient, facilities on the institution’s premises for providing services to individual pupils or students or groups of pupils or students.

(2) Information shall not be provided under subsection (1)(c)—

(a) in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or

(b) in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.

(3) This section applies to the following institutions—

(a) community, foundation and voluntary schools,

(b) community F6 ... special schools (other than those established in hospitals),

(c) city technology colleges and city colleges for the technology of the arts,

(d) pupil referral units,

(e) institutions within the further education sector, and

(f) institutions in receipt of funding from the [F7 National Assembly for Wales in the discharge of its functions under Part 2].

Textual Amendments

F5 Words in s. 126(1) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 42(2), 49(2); S.I. 2009/3174, art. 2(1)(m)

F6 Words in s. 126(3)(b) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 20(5); S.I. 2013/1800, art. 3(j)

F7 Words in s. 126(3)(f) 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. 75 (with art. 7)

Commencement Information

I4 S. 126 not in force at Royal Assent see s. 154; s. 126 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

127 Inspection. E+W

(1) Her Majesty’s Chief Inspector of Education and Training in Wales—

(a) shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) [F8 or section 40(1) of the Learning and Skills (Wales) Measure 2009],

(b) may give the National Assembly other advice about those matters,

(c) shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and

(d) may undertake such other inspections of the provision of those services as he thinks fit.

(2) The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).

(3) A request under subsection (1)(c)—

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

(c) may relate to a specific area.

(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

Textual Amendments

F8 Words in s. 127(1)(a) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 42(3), 49(2); S.I. 2009/3174, art. 2(1)(m)

Commencement Information

I5 S. 127 not in force at Royal Assent see s. 154; s. 127 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

128 Conduct and effect of inspections. E+W

(1) This section applies where a service is inspected pursuant to a request under section 127(1)(c) or in accordance with section 127(1)(d).

[F9 (2) A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—

(a) section 24(3)(a) and (d) (right of access), and

(b) section 58 (computer records).]

(3) [F10 Section 29] of that Act (publication of reports) shall apply.

(4) Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—

(a) prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it,

(b) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and

(c) send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.

(5) Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—

(a) shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and

(b) shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.

(6) If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—

(a) the National Assembly may give directions to the local authority about the performance of those duties, and

(b) the authority shall comply with the directions.

Textual Amendments

F9 S. 128(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 27(2); S.I. 2006/1338, art. 4(1), Sch. 2

F10 Words in s. 128(3) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 27(3); S.I. 2006/1338, art. 4(1), Sch. 2

Commencement Information

I6 S. 128 not in force at Royal Assent see s. 154; s. 128 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

129 Supplementary. E+W

(1) In sections 123 to 128—

• “local authority” means a county council or a county borough council,

• [F11 “Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,]

• F12 ...

• “parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the M2 Children Act 1989,

• “probation committee” means a committee established under section 3 of the M3 Probation Service Act 1993,

• F13 ...

• “young person” has the meaning given by section 123(3),

• “youth offending team” means a team established under section 39 of the M4 Crime and Disorder Act 1998, and

• “youth support services” has the meaning given by section 123(2).

(2) The power under section 123 shall not relate to services which are provided or to be provided outside Wales.

Textual Amendments

F11 Definition of "Local Health Board" in s. 129(1) inserted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(3)

F12 Definition of “Health Authority” in s. 129(1) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 203 (with Sch. 3 Pt. 1)

F13 Words in s. 129(1) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 252; S.I. 2012/2892, art. 2(i)

Commencement Information

I7 S. 129 not in force at Royal Assent see s. 154; s. 129 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M2 1989 c. 41.

M3 1993 c. 47.

M4 1998 c. 37.