Education and Skills Act 2008

Chapter 1 E+W Powers of National Assembly for Wales

149 Powers of National Assembly for Wales E+W

(1) In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly Measures), field 5 (education and training) is amended as follows.

(2) After matter 5.4 insert—

“Matter 5.4A The regulation of—

(a) schools that are not maintained by [F1 local authorities] ;

(b) relevant independent educational institutions.”

(3) In matter 5.15 after “The inspection of—” insert—

“(za) schools;

(zb) relevant independent educational institutions;”.

(4) In that matter, for paragraph (b) substitute—

“(b) pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);”.

(5) In matter 5.16 for “, any of the kinds of education, training or services mentioned in matter 5.15.” substitute “—

(a) pre-16 education or training;

(b) post-16 education or training;

(c) the training of teachers and specialist teaching assistants for schools;

(d) services of the kinds mentioned in matter 5.8.”

(6) After the definition of “post-16 training” insert—

““pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age;

“relevant independent educational institution” means an institution other than a school which—

(a) provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

(b) would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if—

(a) it provides education for the person, and

(b) the education does not amount to full-time education.”

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)