Part II

Further Education and Sixth Form Education: Wales

Main powers

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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S. 35(4)(6) repealed (1.9.2002) by 2001 c. 10, ss. 34(8), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
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. 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)