The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends field 5 (education and training) in Part 1 of Schedule 5 to the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly of Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.

Article 2(2) amends matter 5.10, extending the National Assembly’s legislative competence on travel connected to education and training to cover—

persons receiving nursery education not already included within “primary education” (children under two years of age); and

persons mentioned in matter 5.17 (inserted by this Order) who are receiving higher education.

Paragraph (3) inserts matter 5.17, which is about education and training for—

persons who have a greater difficulty in learning than the majority of persons of the same age as those persons; and

persons who have, or have had, a physical or mental impairment or a progressive health condition where it is at a stage involving no physical or mental impairment.

Express provision is made in the new matter 5.17 to exclude the arrangements for persons to travel to and from the places where they receive education or training. The purpose of this provision is to ensure that the power of the National Assembly for Wales to enact provisions about travel arrangements related to education or training does not extend beyond the express exclusions in matter 5.10.

Paragraph (4) inserts a definition of “nursery education” into the interpretation provisions of field 5.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.