Part V Supervision of curriculum for schools and external qualifications

Chapter IIFunctions of the National Assembly for Wales

Functions of the National Assembly for Wales

32 Supplementary provisions relating to discharge by F1the National Assembly for Wales of its functions .

(1)

In carrying out F2its functions under this Part F3the National Assembly for Wales shall—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

so far as relevant, have regard to—

(i)

the requirements of F6section 99 of the Education Act 2002 (general duties in respect of curriculum),

(ii)

the F7reasonable requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

F8(iii)

the reasonable requirements of persons with learning difficulties.

(2)

In carrying out those functions F9the National Assembly for Wales shall in addition have regard to information supplied F10to it by F11Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru or by any body designated by the Secretary of State for the purposes of this section.

(3)

Where in carrying out any of F12its functions under this Part F13the Assembly F14recognises any person or accredits F15... any qualification, F16it may do so on such terms (including terms as to payment) F15... as F16it may determine.

F17(3A)

Where in carrying out those functions F18the National Assembly for Wales F19recognises any person or accredits any qualification, F20it may, at the time of F21recognition or of accreditation or later, impose such conditions on F22recognition or accreditation or continued F23recognition or accreditation as F20it may determine.

(4)

Those conditions may in particular include conditions—

F24(a)

limiting the amount of a fee that can be charged for the award or authentication of, or for the provision of any other service in relation to, the qualification in question; and

F25(b)

requiring rights of entry to premises and to inspect and copy documents so far as necessary for F26the National Assembly for Wales —

(i)

to satisfy F27itself that the appropriate standards are being F28maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question, or

(ii)

to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.

F29(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(6)

In this section “persons with learning difficulties” means—

(a)

children with special educational needs (as defined in section 312 of the Education Act 1996), and

(b)

other persons who—

(i)

have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)

have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7)

But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.