Learning and Skills Act 2000

education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

training suitable to the requirements of such persons,

organised leisure-time occupation connected with such education, and

organised leisure-time occupation connected with such training.

of a quantity sufficient to meet the reasonable needs of individuals, F35...

of a quality adequate to meet those needs F36and

sufficient to satisfy the entitlements conferred under section 33F

take account of the places where facilities are provided, the character of facilities and the way they are equipped;

take account of the different abilities and aptitudes of different persons;

take account of the education and training required in different sectors of employment for employees and potential employees;

take account of facilities whose provision the F40Welsh Ministers think might reasonably be secured by other persons;

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

education includes both full-time and part-time education;

training includes both full-time and part-time training;

training includes vocational, social, physical and recreational training;

higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1Education Reform Act 1988.

education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

training suitable to the requirements of such persons,

organised leisure-time occupation connected with such education, and

organised leisure-time occupation connected with such training.

take account of the places where facilities are provided, the character of facilities and the way they are equipped;

take account of the different abilities and aptitudes of different persons;

take account of the education and training required in different sectors of employment for employees and potential employees;

take account of facilities whose provision the F47Welsh Ministers think might reasonably be secured by other persons;

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

education includes both full-time and part-time education;

training includes both full-time and part-time training;

training includes vocational, social, physical and recreational training;

higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M2Education Reform Act 1988.

education falling within section 31(1)(a) or subsection (1)(a) above, and

organised leisure-time occupation connected with such education.

training falling within section 31(1)(b) or subsection (1)(b) above, and

organised leisure-time occupation connected with such training.

falls within a category in subsection (3) (the “learning domains”); and

is from time to time selected by the Welsh Ministers to form part of that local curriculum.

mathematics, science and technology;

business, administration and law;

services for people;

arts, media, culture and languages;

humanities, social sciences and preparation for life and work.

begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and

ends on the day on which he or she attains the age of nineteen.

specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;

identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;

as to the period during which elections are to be made.

where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—

where the Welsh Ministers have formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or

where the Welsh Ministers have formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);

where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—

where the Welsh Ministers have formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or

where the Welsh Ministers have formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).

the governing body of the student's relevant school or institution F57was not at the beginning of the entitlement period, or subsequently ceases to be, responsible for providing (or making arrangements for the provision of) the majority of the student's education; or

before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study.

as a result of the student's level of educational attainment, the course of study is not suitable for him or her;

as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study;

the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student's education;

disproportionate expenditure would be incurred if the student were to follow the course of study;

the student's or another person's health or safety would be placed unacceptably at risk if the student were to follow the course of study.

as to the time or date by which decisions are to be made;

as to the procedure to be followed in connection with the making of decisions;

for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;

as to the time or date by which appeals are to be determined;

as to the procedure to be followed in connection with the determination of an appeal.

amend or omit any paragraph of subsection (2);

add additional paragraphs to that subsection;

amend or omit such additional paragraphs.

the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;

disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.

as to the procedure to be followed in connection with the making of decisions;

for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;

as to the effect of a decision pending determination of an appeal;

as to the procedure to be followed in connection with the determination of an appeal.

amend or omit any paragraph of subsection (2);

add additional paragraphs to that subsection;

amend or omit such additional paragraphs.

the local authority;

the governing body and head teacher of any maintained school maintained by the authority;

the governing body and principal of an institution in the authority's area.

have regard to any guidance given from time to time; and

comply with any directions given,

the local authority;

the governing body of a secondary school maintained by the authority; and

the governing body of an institution within the further education sector which is situated within the area of the authority.

arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school;

arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution;

arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.

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

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

may require persons to enter into specified arrangements;

may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);

in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.

is above compulsory school age; and

persons providing or proposing to provide post-16 education or training;

persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;

persons receiving or proposing to receive post-16 education or training;

persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the M3Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

institutions within the further or higher education sector (within the meaning of section 91 of the M4Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

persons undertaking or proposing to undertake research relating to education or training;

persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;

persons carrying out means tests under arrangements made under section 37;

persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

by providing resources F74themselves;

by making arrangements for the provision of resources by another person;

by making arrangements for the provision of resources by persons jointly (whether or not including the F73Welsh Ministers).

require the F79Welsh Ministers or a person designated F80by them to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;

require a person to whom financial resources are provided to give to theF79Welsh Ministers information F81they request for the purpose of carrying out F82their functions.

for the provider to charge fees by reference to specified criteria;

for the provider to make awards by reference to specified criteria;

for the provider to recover amounts from persons receiving education or training or from employers (or from both);

for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);

for specified exemptions to operate where provision is made under paragraph (c);

for the provider to make provision specified in a report of an assessment conducted under section F83139A or 140.

enable the F85Welsh Ministers to require the repayment (in whole or part) of sums paid by the F86National Assembly if any of the conditions subject to which the sums were paid is not complied with;

require the payment of interest in respect of any period in which a sum due to the F86National Assembly in accordance with any condition is unpaid.

on the condition that the grant be applied as part of the authority’s F89schools budget for a F90funding period , and

with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.

carry out means tests;

arrange for other persons to carry out means tests.

the holding of accounts which qualify under section 104;

the making of arrangements which qualify under section 105.

falls within the further education sector (within the meaning given by section 91(3) of the M5Further and Higher Education Act 1992), and

mainly serves the population of Wales.

to the needs of persons with learning difficulties, and

in particular, to any report of an assessment conducted under section F103139A or 140.

he has a significantly greater difficulty in learning than the majority of persons of his age, or

he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.

for “Her Majesty’s Chief Inspector of Schools in Wales” substitute “ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”; and

for “Her Majesty’s Inspectors of Schools in Wales” substitute “ Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”.

education or training for persons aged 16 or over where the provider of the education or training is given financial support by the F113National Assembly in the discharge of its functions under Part 2 or by a F114local authority in Wales (either generally or for a specific purpose);

education or training for persons aged 16 or over where the F113National Assembly in the discharge of its functions under Part 2 is, or a F114local authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);

education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;

further education provided by a school under section 80 of the M6School Standards and Framework Act 1998;

such other education or training in Wales as may be prescribed by regulations made by the National Assembly.

to education of a kind that may be inspected under F115Part 1 of the Education Act 2005; or

if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.

the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;

the standards achieved by those receiving that education and training; and

whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

give the National Assembly advice on such matters, relating to education and training brought within the remit of the Chief Inspector for Wales by this Part, as the National Assembly may specify;

inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;

report on the result of an inspection conducted under this section.

advice given by the National Assembly; and

such aspects of the National Assembly’s policy as the National Assembly may specify.

the quality of the education or training inspected;

the standards achieved by those receiving that education or training; and

whether the financial resources made available to the provider of the education or training are managed efficiently and used in a way which provides value for money.

the National Assembly;

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

any F114local authority F117in Wales providing funds for the education or training inspected; and

the provider of the inspected education or training.

which is not of that kind, but

which would be if it were funded in one of the ways mentioned in section 75,

a right of entry to premises on which the education or training being inspected is provided;

a right of entry to premises of the provider of that education or training which are used in connection with that provision;

a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

the person by whom or on whose behalf the computer is or has been so used, or

any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

as a result of a request under section 78(3); or

under section 83.

publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

send copies of it to such persons as may be so prescribed.

the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged F12415 or over;

the standards achieved by those receiving that education or training; and

whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

send copies of it to such persons as may be so prescribed.

a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or

a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.

the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and

the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.

the Further Education Funding Council for England shall be dissolved, and

all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.

the Learning and Skills Council for England;

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

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

section 89 F141... or

a scheme under F142section 92.

the transferor is the person from whom the rights and liabilities are transferred;

the transferee is the person to whom the rights and liabilities are transferred.

which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,

which leads to F143a relevant qualification, and

which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.

funded by an authorised body (as defined in section 100), or

provided by or on behalf of a maintained school.

in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;

in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.

a community, foundation or voluntary school;

a community or foundation special school.

it is then approved by the Secretary of State, or

it is then approved by a body then designated by him for the purposes of this section.

the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or

the Office of Qualifications and Examinations Regulation is consulted before the approval is given.

the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and

if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.

a designation;

an approval given by him;

an approval given by a designated body.

the conditions mentioned in subsection (2ZA) are then satisfied in relation to the qualification,

it is then F156otherwise approved by the National Assembly for Wales, or

it is then approved by a body then F157otherwise designated by the National Assembly for the purposes of this section.

the qualification is awarded or authenticated by a person recognised in that respect under section 30(1)(e) of the Education Act 1997, and

if the qualification is subject to a requirement of accreditation pursuant to a determination made under section 30(1)(f) of that Act, it is accredited under section 30(1)(h) of that Act.

a designation;

an approval given by the National Assembly;

an approval given by a designated body.

the Learning and Skills Council for England;

a F114local authority ;

a body specified by order by the Secretary of State for the purposes of this section.

the F162National Assembly for Wales;

a F114local authority ;

a body specified by order by the National Assembly for Wales for the purposes of this section.

a F114local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, F164 or

a F114local authority or governing body has failed to comply with section 96(3) or is proposing to do so, F165...

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

a F114local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, F167or

a F114local authority or governing body has failed to comply with section 96(3) or is proposing to do so, F168...

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

in subsection (1) omit “or by subsection (3)”;

in subsection (2) for “(g)” substitute “ (gg) ”;

omit subsection (3).

conditions as to the description of individual who may hold an account;

conditions as to the description of institution with which an account may be held;

conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;

conditions requiring an account to be identified by a specified name.

conditions as to the description of individual who may enter into arrangements;

conditions as to the description of body with which arrangements may be made;

conditions as to the nature of the arrangements and the way they are to be made;

conditions requiring the arrangements to be identified by a specified name.

be a party to more than one set of arrangements which qualify under this section, or

be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).

arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or

arrangements which qualify under section 106.

references in those subsections to the Secretary of State are to be treated as references to the Department;

the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 105.

to a person designated by him under subsection (1) to make arrangements with a body, or

to a person designated by him under subsection (3) to carry out functions on his behalf,

who hold accounts which qualify under section 104,

who are parties to arrangements which qualify under section 105, or

who hold such accounts and are parties to such arrangements.

conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);

conditions as to the way the arrangements qualifying under section 105 are conducted;

conditions as to the employment or self-employment of individuals;

conditions requiring individuals not to be receiving or have received specified benefits;

conditions as to the kinds of education or training which qualify.

that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;

that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;

that if grants are payable under the regulations they may be paid to persons providing education or training;

that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;

that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.

by the Secretary of State in a way he thinks fit, or

if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.

by the Secretary of State, or

if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.

who hold accounts which qualify under section 104,

who are parties to arrangements which qualify under section 106, or

who hold such accounts and are parties to such arrangements.

references in those subsections to the Secretary of State are to be treated as references to the Department;

the reference in subsection (4)(b) to arrangements which qualify under section 105 is to be treated as a reference to arrangements which qualify under section 106.

and

to provide youth support services;

to secure the provision of youth support services;

to participate in the provision of youth support services.

to participate effectively in education or training,

to take advantage of opportunities for employment, or

to participate effectively and responsibly in the life of their communities.

may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),

may require local authorities to have regard to guidance issued by the National Assembly, and

may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.

may relate to a particular class of young person;

may make different provision for different classes of young person;

may be revoked or varied by a later direction.

shall comply with a direction given to it under section 123(1), and

may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).

may relate to a particular class of young persons;

may relate to services for a person from another area.

incur expenditure;

employ officers;

enter into agreements for the supply of goods or services;

do anything else (other than forming companies) which they consider necessary or expedient.

a F178Local Health Board,

a chief officer of police,

a police and crime commissioner,

a probation committee

a provider of probation services, and

a youth offending team.

consult any voluntary body which provides services for young persons in the place or area concerned and which the local authority think it appropriate to consult,

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

consult any authority or person with whom arrangements have been made for the place or area concerned under section 10(1) or (3)(a), (b) or (c) of the M20Employment and Training Act 1973 (careers services),

consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,

consult such other persons as the local authority think appropriate, and

provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.

provide or propose to provide youth support services for the residents of a particular place or area, or

secure or propose to secure the provision of youth support services for the residents of a particular place or area.

exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and

coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.

provide him on request with the name and address of a pupil or student;

provide him on request with the name and address of a parent of a pupil or student;

provide him on request with information in the institution’s possession about a pupil or student;

permit him to have access to a pupil or student on the institution’s premises at reasonable times;

make available to him, so far as is reasonably convenient, facilities on the institution’s premises for providing services to individual pupils or students or groups of pupils or students.

in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or

in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.

community, foundation and voluntary schools,

community F183... special schools (other than those established in hospitals),

city technology colleges and city colleges for the technology of the arts,

pupil referral units,

institutions within the further education sector, and

institutions in receipt of funding from the F184National Assembly for Wales in the discharge of its functions under Part 2.

shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) F185 or section 40(1) of the Learning and Skills (Wales) Measure 2009,

may give the National Assembly other advice about those matters,

shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and

may undertake such other inspections of the provision of those services as he thinks fit.

may be general or in relation to specific matters,

may relate to a specific person or institution providing services, or to a specific class of person or institution, and

may relate to a specific area.

section 24(3)(a) and (d) (right of access), and

section 58 (computer records).

prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it,

publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and

send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.

shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and

shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.

the National Assembly may give directions to the local authority about the performance of those duties, and

the authority shall comply with the directions.

he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and

the rights and obligations arose by virtue of his or another person’s employment with any of the employers specified in subsection (3).

a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the M26Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;

a company which is a subsidiary of a person falling within paragraph (a) and which is specified in an order made by the Secretary of State or is of a description so specified.

the trustees of the occupational scheme consent in writing to the new scheme being made,

the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and

the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.

all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;

a right of allocation in respect of the present or future payment of a pension.

either wholly or to such extent as may be specified in the authorisation;

either generally or in such cases as may be so specified;

either unconditionally or subject to the fulfilment of such conditions as may be so specified.

to a local authority;

to any other person or body involved in the provision of the services.

services provided in pursuance of section 123 of this Act,

services provided in pursuance of any of sections 2, 8, 9 and 10 of the M32Employment and Training Act 1973 (training and careers services), and

services wholly or partly funded in pursuance of section 12 of the M33Industrial Development Act 1982 (careers in industry).

a local authority,

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

a Local Health Board,

the F196National Assembly for Wales,

a chief officer of police,

a probation committee,

a probation trust,

a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007, and

a youth offending team.

in paragraph (f) omit “employed as a teacher at a school”, and

in paragraph (k) after “schools” insert “ or to further education institutions ”.

maintains a statement of special educational needs for a person, and

believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.

maintains a statement of special educational needs for a person who is over compulsory school age, and

believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.

who is within subsection (6), and

for whom the authority is responsible.

is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,

appears to the authority to have a learning difficulty within the meaning of section 13, and

is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.

the person's educational and training needs, and

the provision required to meet them.

a person who is receiving education or training in its area;

a person who is not receiving education or training, but who is normally resident in its area;

a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.

a F114local authority F201in Wales maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

the F202Welsh Ministers believe that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of F203Part 2 of this Act) or higher education (within the meaning of the M35Education Reform Act 1988).

who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,

who appears F206to the Welsh Ministers to have a learning difficulty (within the meaning of section 13), and

who is receiving, or in the F207opinion of the Welsh Ministers is likely to receive, post-16 education or training (within the meaning of F207 Part 2 of this Act) or higher education (within the meaning of the M36Education Reform Act 1988).

his educational and training needs, and

the provision required to meet them.

it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the M38Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,

before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),

the company’s F212articles of association are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and

the company’s F213articles of association requires all income and profits to be applied towards the promotion of the company’s objects and not to be distributed to members.

take action of a prescribed kind, or

cause or permit a person to take action of a prescribed kind.

making a disposal or payment of a prescribed kind or in prescribed circumstances,

incurring expenditure of a prescribed kind or in prescribed circumstances, and

entering into a transaction of a prescribed kind or in prescribed circumstances.

a specified body, or

the Secretary of State.

provide for a contract or other agreement to be of no effect;

vary the terms of a contract or other agreement;

require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;

require money to be paid to the Secretary of State by or on behalf of any other specified person;

require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.

a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,

the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and

a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.

and

and

in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “ for the purposes of this section ”,

subsection (2)(b) shall cease to have effect, and

make provision similar to any provision of section 18 or 19 of the M47Further and Higher Education Act 1992 (further education corporation: powers);

make provision for the continuity of the body corporate, including provision for the continuation of anything done under F214any of sections 29 to 29C of the M48Further and Higher Education Act 1992 (government and conduct of designated institutions);

make provision expressed to have effect subject to the institution’s instrument or articles of government;

make provision which confers exempt charitable status (for the purposes of the F215the Charities Act 2011) and which relates to the governing body or to an institution administered by or established for the purposes of that body;

make provision about the discontinuance of the institution;

make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).

the governing body of the institution, and

the trustees of any trust relating to the institution.

is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and

was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the M50Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the M51School Standards and Framework Act 1998 (grants).

by agreement between the trustees and the F217authority, or

in default of agreement,

in the case of land in England held for the purposes of a sixth form college, or land in Wales, by an arbitrator to be appointed in default of agreement by the President of the Chartered Institute of Arbitrators;

in the case of any other land in England, by the Secretary of State.

in the case of land in England, the Secretary of State;

in the case of land in Wales, the Welsh Ministers.

the value of the land at the date of the determination, and

any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.

they shall be treated for the purposes of this section as having disposed of the land, and

subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.

this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the M52Further and Higher Education Act 1992).

the F222Secretary of State , in respect of land in England held for the purposes of a sixth form college;

the Chief Executive of Skills Funding, in respect of any other land in England;

the F223National Assembly for Wales, in respect of land in Wales.

the member of the body applies to a court for an order under this subsection, and

the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,

a further education corporation established by virtue of section 15, 16 or 47 of the M53Further and Higher Education Act 1992,

a sixth form college corporation as defined in section 90 of that Act, and

a body corporate established by virtue of section 143(4) or (5) of this Act.

relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and

is of a kind which the court could have made if the liability had already been incurred.

in subsection (1) for “attending” substitute “ undertaking ”, and

in subsections (2)(h) and (7) omit “attendance on”.

for “at” substitute “ with ”, and

for “attending” substitute “ undertaking ”.

in paragraph (1) for “attending” substitute “ undertaking ”;

in paragraphs (2)(h) and (7) omit “attendance on”.

for “at” substitute “ with ”, and

for “attending” substitute “ undertaking ”.

for “subsection (1)” substitute “ this section ”, and

at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”

the function shall be exercisable in relation to Wales by the National Assembly for Wales, and

for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

this Part confers a function on the Secretary of State by amendment of an Act, and

any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the M58Government of Wales Act 1998 (transfer of functions),

section F228... 92, 104, 134 F229, 144 or 154 of this Act,

the amendment of section 1(3) of the M59Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,

the amendment of section 26 of the M60Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act F230...

F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the dissolution of the Further Education Funding Councils, and

the establishment of the Learning and Skills Council for England F233....

an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or

regulations made by the Secretary of State under any provision of this Act.

Parts I and III,

sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,

in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,

Part IV of Schedule 10, and

in Schedule 11, the repeals in section 91 of the M64Further and Higher Education Act 1992 and section 142 of the M65School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).

Parts II and IV, and

sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.

a provision mentioned in subsection (1) or (2),

any of sections 130, 131, 150, 151, 152, 155 and 156,

Schedule 8,

any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,

Parts I to III of Schedule 10, or

this section.

in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or

in consequence of one provision of this Act being brought into force before another.