PART 5MISCELLANEOUS SCHOOLS FUNCTIONS

School-based counselling

93Information about independent counselling services

(1)

A local authority must comply with a direction given by the Welsh Ministers to the authority—

(a)

to compile information about the independent counselling service it secures under section 92;

(b)

to provide information about that service to the Welsh Ministers.

(2)

A direction under subsection (1) may include instructions to compile or provide information in a way, and at a time, specified in the direction.

(3)

A direction under subsection (1) may not require a local authority—

(a)

to provide information about an identified individual;

(b)

to provide information in a way that, either by itself or in combination with any other information, identifies any individual to whom it relates or enables that individual to be identified.

(4)

If the person providing an independent counselling service is not the local authority—

(a)

the local authority must give the person providing the service a copy of any direction given to the authority under subsection (1), and

(b)

the person providing the service must compile the information necessary for compliance with the direction, and provide it to the local authority, in a way that does not identify the individuals to whom it relates, or enable them to be identified (either by itself or in combination with other information).

(5)

A direction under this section—

(a)

must be in writing;

(b)

may be varied or revoked by a later direction;

(c)

is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers.