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
F1Words 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)
F2Words 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)
F3Words 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)
F4S. 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)
F5S. 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)
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
F7Word 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)
F8S. 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)
F9Words 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)
F10Words 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)
F11Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.
F12Words 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)
F13Words 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)
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)
F15Words 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
F16Words 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)
F17S. 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
F18Words 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)
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)
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)(ii) (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)(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)
F24S. 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)
F25S. 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
F26Words 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)
F27Word 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)
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)
F29S. 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)
F30S. 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)
F31S. 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)