Education Act 1997

32 Supplementary provisions relating to discharge by [F1the National Assembly for Wales of its functions] .E+W

(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.]

Textual Amendments

F6Words 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

F11Words 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) 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)

F19Words 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)

F21Words 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)

F22Words 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)

F23Words 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)

F28Words 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)