Learning and Skills Act 2000 (c. 21)

Part IIE+W [F1Further Education and Sixth Form Education: Wales]

Textual Amendments

F1Pt. 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)

Modifications etc. (not altering text)

C1Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)

Other functionsE+W

40 Research and information.E+W

F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F3Welsh Ministers] must establish systems for collecting information which is designed to secure that [F4their decisions] with regard to education and training are made on a sound basis.

(6)The [F3Welsh Ministers] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Textual Amendments

F2S. 40(1)-(4) omitted (1.4.2006) by virtue of 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. 60(a) (with art. 7)

F3Words in s. 40 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)

F4Words in s. 40(5) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 9; S.I. 2011/97, art. 2(1)(p)

Commencement Information

I1S. 40 not in force at Royal Assent see s. 154; s. 40 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

41 Persons with [F5learning difficulties] [F5additional learning needs].E+W

(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F6Welsh Ministers] must have regard—

(a)to the needs of persons with [F7learning difficulties, and] [F7additional learning needs;]

[F8(b)in particular, to any report of an assessment conducted under section F9... 140.]

[F8(b)to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.]

[F10(2)If the [F11Welsh Ministers are] satisfied that [F12they 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 [F13they also secure] the provision of boarding accommodation for him, the [F14Welsh Ministers must] secure the provision of boarding accommodation for him.]

[F15(3)If the [F11Welsh Ministers are] satisfied that [F12they 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 [F13they also secure] the provision of boarding accommodation for him, the [F14Welsh Ministers must] secure the provision of boarding accommodation for him.]

[F16(4)If the [F11Welsh Ministers are] satisfied that [F12they 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 [F13they also secure] the provision of boarding accommodation for him, the [F17Welsh Ministers may] secure the provision of boarding accommodation for him.]

[F18(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.]

[F18(5A)In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.]

[F19(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.]

Textual Amendments

F5Words in s. 41 heading heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 50(4)(a), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3