5. In section 25A (general duty: post-16 education and training etc.)—
(a)in subsection (1) for “and the National Council for Education and Training for Wales” substitute “and the National Assembly for Wales”;
(b)in subsection (2) for “or the National Council for Education and Training for Wales” substitute “or the National Assembly for Wales by virtue of its functions under Part 2 of the Learning and Skills Act 2000” .
(c)for subsection (3) substitute—
“(3) The provisions of section 25 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1) by the Learning and Skills Council for England.”
(4) There shall be no sanction for breach of the general duty in subsection (1) by the National Assembly for Wales.
(5) Subsections (3) and (4) are without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).”