Part II

Further Education and Sixth Form Education: Wales

Other functions

Persons with learning difficulties.
41
1
In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the Welsh Ministers 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 139A or 140.
2
If 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.
3
If 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.
4
If 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.
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.
S. 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. I
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. 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. 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)(i); 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)
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. 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)
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)