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Textual Amendments
F1Pt. V Ch. II heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 8 (with art. 7)
Textual Amendments
F2Words in s. 28 cross-heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 10 (with art. 7)
(1)In carrying out [F4its functions] under this Part [F5the National Assembly for Wales] shall—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)so far as relevant, have regard to—
(i)the requirements of [F8section 99 of the Education Act 2002] (general duties in respect of curriculum),
(ii)the [F9reasonable] requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and
[F10(iii)the reasonable requirements of persons with learning difficulties.]
(2)In carrying out those functions [F11the National Assembly for Wales] shall in addition have regard to information supplied [F12to it] by [F13Her 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 [F14its functions] under this Part [F15the Assembly [F16recognises any person or] accredits] F17... any qualification, [F18it may] do so on such terms (including terms as to payment) F17... as [F18it may] determine.
[F19(3A)Where in carrying out those functions [F20the National Assembly for Wales [F21recognises any person or] accredits] any qualification, [F22it may], at the time of [F23recognition or of] accreditation or later, impose such conditions on [F24recognition or] accreditation or continued [F25recognition or] accreditation as [F22it may] determine.]
(4)Those conditions may in particular include conditions—
[F26(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
[F27(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F28the National Assembly for Wales] —
(i)to satisfy [F29itself] that the appropriate standards are being [F30maintained 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.]
F31(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F33(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.]
Textual Amendments
F3Words in s. 32 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 17 (with art. 7)
F4Words in s. 32(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(i) (with art. 7)
F5Words in s. 32(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(ii) (with art. 7)
F6S. 32(1)(a) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(iii) (with art. 7)
F7S. 32(1)(b) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(iii) (with art. 7)
F8Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2
F9Word in s. 32(1)(c)(ii) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(2)(a); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F10S. 32(1)(c)(iii) substituted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(2)(b); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F11Words in s. 32(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(b)(i) (with art. 7)
F12Words in s. 32(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(b)(ii) (with art. 7)
F13Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.
F14Words in s. 32(3) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(c)(i) (with art. 7)
F15Words in s. 32(3) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(c)(ii) (with art. 7)
F16Words in s. 32(3) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(7), 173(3)(4); S.I. 2009/784, art. 2(a)
F17Words in s. 32(3) repealed (19.12.2002) by Education Act 2002 (c. 32), ss. 189, 215(2), Sch. 17 para. 7(2), Sch. 22 Pt. 2 (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1
F18Words in s. 32(3) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(c)(iii) (with art. 7)
F19S. 32(3A) inserted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 7(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1
F20Words in s. 32(3A) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(d)(i) (with art. 7)
F21Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(a), 173(3)(4); S.I. 2009/784, art. 2(a)
F22Words in s. 32(3A) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(d)(ii) (with art. 7)
F23Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(b), 173(3)(4); S.I. 2009/784, art. 2(a)
F24Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(c), 173(3)(4); S.I. 2009/784, art. 2(a)
F25Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(d), 173(3)(4); S.I. 2009/784, art. 2(a)
F26S. 32(4)(a) substituted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(3); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F27S. 32(4)(b) substituted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 7(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1
F28Words in s. 32(4)(b) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(e)(i) (with art. 7)
F29Word in s. 32(4)(b) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(e)(ii) (with art. 7)
F30Words in s. 32(4)(b)(i) substituted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(9), 173(3)(4); S.I. 2009/784, art. 2(a)
F31S. 32(4A) repealed (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(4), Sch. 16 Pt. 4; S.I. 2010/2413, art. 2(a)(b) (with arts. 3-5)
F32S. 32(5) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(g) (with art. 7)
F33S. 32(6)(7) substituted for s. 32(6) (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(5); S.I. 2010/2413, art. 2(a) (with arts. 3-5)