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- Point in Time (14/02/2011)
- Original (As enacted)
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Point in time view as at 14/02/2011.
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Textual Amendments
F1S. 1 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 15, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)
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Textual Amendments
F2S. 2 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 16, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)
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Textual Amendments
F3S. 3 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 17, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F4S. 4 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 18, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F5Ss. 4A-4C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 19, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F5Ss. 4A-4C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 19, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F5Ss. 4A-4C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 19, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F6S. 5 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 20, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F7S. 6 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 21, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F8S. 7 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 22, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F9S. 8 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 23, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F10S. 9 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 24, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F11S. 10 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 25, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F12S. 11 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 26, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F13S. 11A repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 27, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F14S. 12 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 28, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F15S. 13 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 29, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F16S. 14 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 30, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F17S. 14A repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 31, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F18S. 15 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 32, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F19S. 16 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 33, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F20S. 17 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 34, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F21S. 18 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 35, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
Textual Amendments
F22Ss. 18A-18C and cross-heading inserted (31.1.2008 for the insertion of s. 18A(2)-(4), 1.9.2008 in so far as not aready in force) by Further Education and Training Act 2007 (c. 25), ss. 2, 32(5); S.I. 2007/3505, art. 3(a); S.I. 2008/313, art. 3
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Textual Amendments
F23Ss. 18A-18C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 36, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F23Ss. 18A-18C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 36, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F23Ss. 18A-18C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 36, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F24Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
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Textual Amendments
F24Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
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Textual Amendments
F24Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
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Textual Amendments
F24Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
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Textual Amendments
F24Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
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Textual Amendments
F24Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
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Textual Amendments
F25Ss. 24A-24C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 37, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F25Ss. 24A-24C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 37, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F25Ss. 24A-24C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 37, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F26S. 25 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 38, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F27S. 26 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 39, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F28S. 27 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 40, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
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Textual Amendments
F29S. 28 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 41, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)
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Textual Amendments
F30S. 29 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 42, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
Textual Amendments
F31Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)
Textual Amendments
F32S. 30 crossheading omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
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Textual Amendments
F33S. 30 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
(1)[F34Welsh Ministers] must secure the provision of proper facilities for—
(a)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,
(b)training suitable to the requirements of such persons,
(c)organised leisure-time occupation connected with such education, and
(d)organised leisure-time occupation connected with such training.
(2)Facilities are proper if they are—
(a)of a quantity sufficient to meet the reasonable needs of individuals, F35...
(b)of a quality adequate to meet those needs [F36and ]
[F37(c)sufficient to satisfy the entitlements conferred under section 33F]
(3)In performing the duty imposed [F38on them] by subsection (1) the [F39Welsh Ministers] must—
(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;
(b)take account of the different abilities and aptitudes of different persons;
(c)take account of the education and training required in different sectors of employment for employees and potential employees;
(d)take account of facilities whose provision the [F40Welsh Ministers think] might reasonably be secured by other persons;
F41(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section—
(a)education includes both full-time and part-time education;
(b)training includes both full-time and part-time training;
(c)training includes vocational, social, physical and recreational training;
(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1Education Reform Act 1988.
Textual Amendments
F34Words in s. 31(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(a); S.I. 2011/97, art. 2(1)(p)
F35Word in s. 31(2)(a) repealed (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(a), 49(2); S.I. 2011/97, art. 2(2)(a)
F36Word in s. 31(2)(b) inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(b), 49(2); S.I. 2011/97, art. 2(2)(a)
F37S. 31(2)(c) inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(c), 49(2); S.I. 2011/97, art. 2(2)(a)
F38Words in s. 31(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(b); S.I. 2011/97, art. 2(1)(p)
F39Words in s. 31(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(c); S.I. 2011/97, art. 2(1)(p)
F40Words in s. 31(3)(d) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(d); S.I. 2011/97, art. 2(1)(p)
F41 S. 31(3)(e) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) , art. 1(1) , Sch. 1 para. 51(c) (with art. 7 )
F42 S. 31(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) , art. 1(1) , Sch. 1 para. 51(d) (with art. 7 )
Commencement Information
I1 S. 31 not in force at Royal Assent see s. 154; s. 31 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I
Marginal Citations
M1 1988 c. 40 .
(1)The [F43Welsh Ministers] must secure the provision of reasonable facilities for—
(a)education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
(b)training suitable to the requirements of such persons,
(c)organised leisure-time occupation connected with such education, and
(d)organised leisure-time occupation connected with such training.
F44(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In performing the duty imposed [F45on them] by subsection (1) the [F46Welsh Ministers] must—
(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;
(b)take account of the different abilities and aptitudes of different persons;
(c)take account of the education and training required in different sectors of employment for employees and potential employees;
(d)take account of facilities whose provision the [F47Welsh Ministers think] might reasonably be secured by other persons;
F48(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section—
(a)education includes both full-time and part-time education;
(b)training includes both full-time and part-time training;
(c)training includes vocational, social, physical and recreational training;
(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M2Education Reform Act 1988.
(6)References in this Part to post-16 education are to—
(a)education falling within section 31(1)(a) or subsection (1)(a) above, and
(b)organised leisure-time occupation connected with such education.
(7)References in this Part to post-16 training are to—
(a)training falling within section 31(1)(b) or subsection (1)(b) above, and
(b)organised leisure-time occupation connected with such training.
Textual Amendments
F43 Words in s. 32(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F44 S. 32(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(b) (with art. 7)
F45 Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(a); S.I. 2011/97, art. 2(1)(p)
F46 Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(b); S.I. 2011/97, art. 2(1)(p)
F47 Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(c); S.I. 2011/97, art. 2(1)(p)
F48 S. 32(3)(e) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(d) (with art. 7)
F49 S. 32(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(e) (with art. 7)
Commencement Information
I2 S. 32 not in force at Royal Assent see s. 154; s. 32 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I
Marginal Citations
M2 1988 c. 40 .
The [F50Welsh Ministers] must—
(a)encourage individuals to undergo post-16 education and training;
(b)encourage employers to participate in the provision of post-16 education and training;
(c)encourage employers to contribute to the costs of post-16 education and training.
Textual Amendments
F50Words in s. 33 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
Commencement Information
I3 S. 33 not in force at Royal Assent see s. 154; s. 33 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I
Textual Amendments
F51 S. 33A and cross-heading inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 22, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(b)
(1)The Welsh Ministers must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen.
(2)Each local curriculum must consist of courses of study each of which—
(a)falls within a category in subsection (3) (the “learning domains”); and
(b)is from time to time selected by the Welsh Ministers to form part of that local curriculum.
(3)The learning domains are—
(a)mathematics, science and technology;
(b)business, administration and law;
(c)services for people;
(d)arts, media, culture and languages;
(e)humanities, social sciences and preparation for life and work.
(4)For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.]
The Welsh Ministers must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.]
Textual Amendments
F52S. 33B inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 23, 49(2); S.I. 2011/97, art. 2(1)(a)
(1)This section applies where the Welsh Ministers form more than one local curriculum for the area of a local authority under section 33A.
(2)In relation to each local curriculum, the Welsh Ministers must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.]
Textual Amendments
F53S. 33C inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 24, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(c)
(1)Where, during the fourth key stage, a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).
(2)A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.
(3)Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.
(4)This section does not require any person to admit a pupil to a particular school or institution.]
Textual Amendments
F54 S. 33D inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 25, 49(2); S.I. 2011/97, art. 2(1)(b)
(1)A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3).
(2)The entitlement period—
(a)begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and
(b)ends on the day on which he or she attains the age of nineteen.
(3)Regulations may make provision as to the making of elections under this section, including in particular provision—
(a)specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;
(b)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;
(c)as to the period during which elections are to be made.
(4)For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—
(a)where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—
(i)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
(ii)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);
(b)where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—
(i)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
(ii)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).]
Textual Amendments
F55 S. 33E inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 26, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(c)
(1)During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—
(a)the governing body of the student's relevant school or institution ceases to be responsible for providing (or making arrangements for the provision of) the majority of the student's education; or
(b)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.
(2)Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.]
Textual Amendments
F56S. 33F inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 27, 49(2); S.I. 2011/97, art. 2(2)(d)
(1)If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E.
(2)The grounds referred to in subsection (1) are that—
(a)as a result of the student's level of educational attainment, the course of study is not suitable for him or her;
(b)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;
(c)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;
(d)disproportionate expenditure would be incurred if the student were to follow the course of study;
(e)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.
(3)Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—
(a)as to the time or date by which decisions are to be made;
(b)as to the procedure to be followed in connection with the making of decisions;
(c)for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
(d)as to the time or date by which appeals are to be determined;
(e)as to the procedure to be followed in connection with the determination of an appeal.
(4)A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
(5)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2);
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.]
Textual Amendments
F57 S. 33G inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 28, 49(2); S.I. 2011/97, art. 2(1)(d)(2)(e)
Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student's relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body.]
Textual Amendments
F58S. 33H inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 29, 49(2); S.I. 2011/97, art. 2(2)(f)
(1)If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F.
(2)The grounds referred to in subsection (1) are that—
(a)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;
(b)disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.
(3)Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—
(a)as to the procedure to be followed in connection with the making of decisions;
(b)for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
(c)as to the effect of a decision pending determination of an appeal;
(d)as to the procedure to be followed in connection with the determination of an appeal.
(4)A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
(5)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2);
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.]
Textual Amendments
F59 S. 33I inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 30, 49(2); S.I. 2011/97, art. 2(1)(e)(2)(g)
(1)The following persons must assist the Welsh Ministers in planning the local curriculum or curricula for a local authority's area—
(a)the local authority;
(b)the governing body and head teacher of any maintained school maintained by the authority;
(c)the governing body and principal of an institution in the authority's area.
(2) In subsection (1), “ planning the local curriculum or curricula ” means the process by which the Welsh Ministers decide under section 33A which courses of study to include in the local curriculum or curricula.
(3)The persons mentioned in subsection (1) (a) to (c) must—
(a)have regard to any guidance given from time to time; and
(b)comply with any directions given,
by the Welsh Ministers as to the exercise of their functions under that subsection.]
Textual Amendments
F60 S. 33J inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 31 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(f)
(1)The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A.
(2)In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.
(3)The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.
(4)The persons are—
(a)the local authority;
(b)the governing body of a secondary school maintained by the authority; and
(c)the governing body of an institution within the further education sector which is situated within the area of the authority.
(5)In this section and section 33L “co-operation arrangements” means—
(a)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;
(b)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;
(c)arrangements made under regulations under section 26 of the Education Act 2002 (collaboration between schools); and
(d)arrangements made under regulations under section 166 of the Education and Inspections Act 2006 (collaboration arrangements: maintained schools and further education bodies).
(6)For the purposes of this section, “relevant local curriculum” means—
(a)in relation to a maintained school—
(i)where the Welsh Ministers have formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or
(ii)where the Welsh Ministers have formed 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);
(b)in relation to an institution—
(i)where the Welsh Ministers have formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or
(ii)where the Welsh Ministers have formed 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).]
Textual Amendments
F61S. 33K inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 32, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(g)
(1)A local authority, a governing body of a maintained school and the governing body of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 33K.
(2)Guidance given under subsection (1) may relate to the contents of co- operation arrangements.
(3)The persons mentioned in subsection (1) must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.
(4)A direction under subsection (3)—
(a)may require persons to enter into specified arrangements;
(b)may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);
(c)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.
Textual Amendments
F62 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)
The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (3) of section 33A;
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.]
Textual Amendments
F62 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)
F63 S. 33M inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 34 , 49(2); S.I. 2011/97, art. 2(1)(i)
(1)In sections 33A to 33L—
“ academic year ” means the period of 12 months beginning on 1 September;
“ course of study ” means a course of education and training which leads to a qualification or set of qualifications approved under section 99 for the purposes of section 96;
“ entitlement period ” means the period described in section 33E(2);
“ fourth key stage ” is to be construed in accordance with section 103 of the Education Act 2002;
“ institution ” means an institution within the further education sector in Wales unless the institution provides education wholly or mainly for persons with a learning difficulty (within the meaning of section 41);
“local curriculum” and “local curricula” are to be construed in accordance with section 33A;
“local authority” means a local authority in Wales;
“ maintained school ” means a community, foundation or voluntary school maintained by a local authority in Wales provided that it is also a secondary school;
“principal”, in relation to an institution, means the principal or other head of the institution;
“regulations” means regulations made by the Welsh Ministers;
“relevant school or institution”, in relation to a person, is to be construed in accordance with section 33D;
“relevant student”, in relation to a maintained school or institution, means a student for whom the school or institution is his or her relevant school or institution;
“student” means a person who has made an election under section 33E.
(2)Unless the context otherwise requires, an expression used in sections 33A to 33N, 33P and 33Q and also the Education Act 1996 is to bear for the purposes of those sections the meaning given to it for the purposes of that Act.]
Textual Amendments
F62 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)
F64 S. 33N inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 35, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(j)
Any direction given by the Welsh Ministers under sections 33A(4), 33J(3) and 33L(3) may be varied or revoked by a further direction.]
Textual Amendments
F62 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)
F65 S. 33O inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 36, 49(2); S.I. 2011/97, art. 2(1)(k)
(1)Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3).
(2)The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.
(3)A person falls within this subsection if he or she—
(a)is above compulsory school age; and
(b)either—
(i)a registered pupil of a community or foundation special school which is maintained by a local authority in Wales and is not established in a hospital; or
(ii)receiving the majority of his or her education at an institution which provides education wholly or mainly for persons with a learning difficulty (within the meaning of section 41).]
Textual Amendments
F62 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)
F66 S. 33P inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 37, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(l)
(1)Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in relation to an institution, or institutions, within the higher education sector in Wales as those provisions apply in relation to an institution within the further education sector in Wales.
(2)The regulations may also apply those provisions in relation to the principal or governing body of an institution within the higher education sector in Wales (or to persons with functions that are similar to those of a principal or governing body) as they apply in relation to the principal or governing body of an institution within the further education sector in Wales.
(3)The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.]]
Textual Amendments
F62 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)
F67 S. 33Q inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 38 , 49(2); S.I. 2011/97, art. 2(1)(m)
(1)The [F68Welsh Ministers] may secure the provision of financial resources to—
(a)persons providing or proposing to provide post-16 education or training;
(b)persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;
(c)persons receiving or proposing to receive post-16 education or training;
(d)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);
(e)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);
(f)persons undertaking or proposing to undertake research relating to education or training;
(g)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;
(h)persons carrying out means tests under arrangements made under section 37;
(i)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
(2)The [F68Welsh Ministers] may secure the provision of financial resources under subsection (1)—
(a)by providing resources [F69themselves];
(b)by making arrangements for the provision of resources by another person;
(c)by making arrangements for the provision of resources by persons jointly (whether or not including the [F68Welsh Ministers]).
(3)In exercising [F70their power] under subsection (1)(c) the [F68Welsh Ministers] may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).
Textual Amendments
F68Words in s. 34 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F69Word in s. 34(2)(a) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 6(a); S.I. 2011/97, art. 2(1)(p)
F70Words in s. 34(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 6(b); S.I. 2011/97, art. 2(1)(p)
Commencement Information
I4S. 34 not in force at Royal Assent see s. 154; s. 34 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)If the [F71Welsh Ministers themselves provide] financial resources [F72under section 34][F73they may impose] conditions; and the conditions may include any provisions described below.
(2)The conditions may—
(a)require the [F74Welsh Ministers] or a person designated [F75by 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;
(b)require a person to whom financial resources are provided to give to the[F74Welsh Ministers] information [F76they request] for the purpose of carrying out [F77their functions].
(3)The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—
(a)for the provider to charge fees by reference to specified criteria;
(b)for the provider to make awards by reference to specified criteria;
(c)for the provider to recover amounts from persons receiving education or training or from employers (or from both);
(d)for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);
(e)for specified exemptions to operate where provision is made under paragraph (c);
(f)for the provider to make provision specified in a report of an assessment conducted under section [F78139A or] 140.
(4)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The conditions may—
(a)enable the [F80Welsh Ministers] to require the repayment (in whole or part) of sums paid by the [F81National Assembly] if any of the conditions subject to which the sums were paid is not complied with;
(b)require the payment of interest in respect of any period in which a sum due to the [F81National Assembly] in accordance with any condition is unpaid.
(6)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F71Words in s. 35(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(a)(i); S.I. 2011/97, art. 2(1)(p)
F72Words in s. 35(1) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(ii) (with art. 7)
F73Words in s. 35(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(a)(ii); S.I. 2011/97, art. 2(1)(p)
F74Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F75Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(b)(i); S.I. 2011/97, art. 2(1)(p)
F76Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(b)(ii); S.I. 2011/97, art. 2(1)(p)
F77Words in s. 35(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 7(b)(iii); S.I. 2011/97, art. 2(1)(p)
F78Words in s. 35(3)(f) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(c)
F79S. 35(4)(6) repealed (1.9.2002) by 2001 c. 10, ss. 34(8), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F80Words in s. 35(5) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F81Words in s. 35(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(c) (with art. 7)
Commencement Information
I5S. 35 not in force at Royal Assent see s. 154; s. 35 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The [F82Welsh Ministers] may make a grant to a [F83local authority]—
(a)on the condition that the grant be applied as part of the authority’s [F84schools budget] for a [F85funding period ], and
(b)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.
(2)A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).
[F86(3)In this section—
“ funding period ” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;
[F87“local authority” means a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996);]
“ schools budget ” has the same meaning as in Part 2 of that Act (framework for maintained schools). ]
Textual Amendments
F82Words in s. 36(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F83Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F84Words in s. 36(1)(a) substituted (4.12.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(2) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. 2; S.I. 2006/2895, art. 2
F85Words in s. 36(1)(a) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(2) (with s. 119); S.I. 2010/735, art. 2(e)
F86S. 36(3) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(3) (with s. 119); S.I. 2010/735, art. 2(e)
F87Words in s. 36(3) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(3)
Commencement Information
I6S. 36 not in force at Royal Assent see s. 154; s. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I
(1)The [F88Welsh Ministers] may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
(2)The [F88Welsh Ministers] may take the assessments into account in deciding how to exercise [F89their powers] under section 34.
(3)The [F88Welsh Ministers] may—
(a)carry out means tests;
(b)arrange for other persons to carry out means tests.
(4)The [F88Welsh Ministers] may take the results of the tests into account in exercising [F90their power] under section 34(1)(c).
Textual Amendments
F88Words in s. 37 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F89Words in s. 37(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 8(a); S.I. 2011/97, art. 2(1)(p)
F90Words in s. 37(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 8(b); S.I. 2011/97, art. 2(1)(p)
Commencement Information
I7S. 37 not in force at Royal Assent see s. 154; s. 37 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The [F91Welsh Ministers] may promote—
(a)the holding of accounts which qualify under section 104;
(b)the making of arrangements which qualify under section 105.
F92(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F91Words in s. 38(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F92S. 38(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(b) (with art. 7)
Commencement Information
I8S. 38 not in force at Royal Assent see s. 154; s. 38 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The [F93Welsh Ministers] may appoint a person to be a member of the governing body of an institution which—
(a)falls within the further education sector (within the meaning given by section 91(3) of the M5Further and Higher Education Act 1992), and
(b)mainly serves the population of Wales.
(2)But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.
Textual Amendments
F93Words in s. 39(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
Commencement Information
I9S. 39 not in force at Royal Assent see s. 154; s. 39 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
F94(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The [F95Welsh Ministers] must establish systems for collecting information which is designed to secure that [F96their decisions] with regard to education and training are made on a sound basis.
(6)The [F95Welsh Ministers] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
Textual Amendments
F94S. 40(1)-(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(a) (with art. 7)
F95Words in s. 40 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F96Words in s. 40(5) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 9; S.I. 2011/97, art. 2(1)(p)
Commencement Information
I10S. 40 not in force at Royal Assent see s. 154; s. 40 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F97Welsh Ministers] must have regard—
(a)to the needs of persons with learning difficulties, and
(b)in particular, to any report of an assessment conducted under section [F98139A or] 140.
(2)If the [F99Welsh Ministers are] satisfied that [F100they cannot] secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless [F101they also secure] the provision of boarding accommodation for him, the [F102Welsh Ministers must] secure the provision of boarding accommodation for him.
(3)If the [F99Welsh Ministers are] satisfied that [F100they cannot] secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless [F101they also secure] the provision of boarding accommodation for him, the [F102Welsh Ministers must] secure the provision of boarding accommodation for him.
(4)If the [F99Welsh Ministers are] satisfied that [F100they cannot] secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless [F101they also secure] the provision of boarding accommodation for him, the [F103Welsh Ministers may] secure the provision of boarding accommodation for him.
(5)A person has a learning difficulty if—
(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or
(b)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.
(6)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
Textual Amendments
F97Words in s. 41(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F98Words in s. 41(1)(b) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(d)
F99Words in s. 41(2)-(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(a)(i); S.I. 2011/97, art. 2(1)(p)
F100Words in s. 41(2)-(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(a)(ii); S.I. 2011/97, art. 2(1)(p)
F101Words in s. 41(2)-(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(a)(iii); S.I. 2011/97, art. 2(1)(p)
F102Words in s. 41(2) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(b); S.I. 2011/97, art. 2(1)(p)
F103Words in s. 41(4) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 10(c); S.I. 2011/97, art. 2(1)(p)
Commencement Information
I11S. 41 not in force at Royal Assent see s. 154; s. 41 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
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Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
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Textual Amendments
F105Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
(1)Her Majesty’s Chief Inspector of Schools in Wales is renamed Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
(2)Her Majesty’s Inspectors of Schools in Wales are renamed Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
(3)In any provision of, or made under, any enactment—
(a)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
(b)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 ”.
Commencement Information
I12S. 73 not in force at Royal Assent see s. 154; s. 73 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.
(1)In this Part—
F106...
[F107“local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);]
“the National Assembly” means the National Assembly for Wales.
(2)In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to the person mentioned in section 73(1).
Textual Amendments
F106Words in s. 74(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 63 (with art. 7)
F107Words in s. 74(1) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(4)
Commencement Information
I13S. 74 not in force at Royal Assent see s. 154; s. 74 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The following kinds of education and training are brought within the remit of the Chief Inspector for Wales by this Part—
(a)education or training for persons aged 16 or over where the provider of the education or training is given financial support by the [F108National Assembly in the discharge of its functions under Part 2] or by a [F109local authority] in Wales (either generally or for a specific purpose);
(b)education or training for persons aged 16 or over where the [F108National Assembly in the discharge of its functions under Part 2] is, or a [F109local authority] in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);
(c)education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;
(d)further education provided by a school under section 80 of the M6School Standards and Framework Act 1998;
(e)such other education or training in Wales as may be prescribed by regulations made by the National Assembly.
(2)Neither paragraph (a) nor paragraph (b) of subsection (1) applies—
(a)to education of a kind that may be inspected under [F110Part 1 of the Education Act 2005]; or
(b)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.
Textual Amendments
F108Words in s. 75(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 64 (with art. 7)
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F110Words in s. 75(2)(a) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 24; S.I. 2006/1338, art. 4(1), Sch. 2
Commencement Information
I14S. 75 not in force at Royal Assent see s. 154; s. 75 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)The Chief Inspector for Wales must keep the National Assembly informed about—
(a)the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;
(b)the standards achieved by those receiving that education and training; and
(c)whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.
(2)When asked to do so by the National Assembly, the Chief Inspector for Wales must—
(a)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;
(b)inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;
(c)report on the result of an inspection conducted under this section.
(3)The Chief Inspector for Wales is to have such other functions in connection with education and training brought within the remit of the Chief Inspector for Wales by this Part as the National Assembly may specify.
(4)The functions specified under subsection (3) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which is brought within the remit of the Chief Inspector for Wales by this Part.
(5)In exercising functions under this Part, the Chief Inspector for Wales must have regard to—
(a)advice given by the National Assembly; and
(b)such aspects of the National Assembly’s policy as the National Assembly may specify.
Commencement Information
I15S. 76 not in force at Royal Assent see s. 154; s. 76 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The Chief Inspector for Wales must inspect education and training brought within the remit of the Chief Inspector for Wales by this Part.
(2)Inspections are to be conducted at such intervals as may be prescribed.
(3)The Chief Inspector for Wales must report in writing on—
(a)the quality of the education or training inspected;
(b)the standards achieved by those receiving that education or training; and
(c)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.
(4)The report under subsection (3) must be made within such period as may be prescribed.
(5)The Chief Inspector for Wales must without delay send a copy of the report under subsection (3) to—
(a)the National Assembly;
F111(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any [F109local authority] [F112in Wales] providing funds for the education or training inspected; and
(d)the provider of the inspected education or training.
(6)Copies may also be sent to such other persons as the Chief Inspector for Wales considers appropriate.
(7)A copy may be supplied under subsection (6) free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Chief Inspector for Wales may determine.
(8)The Chief Inspector for Wales must arrange for the report to be published in such manner as he considers appropriate.
(9)“Prescribed” means prescribed in regulations made by the National Assembly.
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F111S. 77(5)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 65 (with art. 7)
F112Words in s. 77(5) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(5)
Commencement Information
I16S. 77 not in force at Royal Assent see s. 154; s. 77 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The Chief Inspector for Wales may give advice to the National Assembly on any matter relating to education or training brought within the remit of the Chief Inspector for Wales by this Part.
(2)The Chief Inspector for Wales may inspect, and report on, any education or training of that kind.
(3)The Chief Inspector for Wales may inspect any education or training—
(a)which is not of that kind, but
(b)which would be if it were funded in one of the ways mentioned in section 75,
if the provider of the education or training asks the Chief Inspector for Wales to do so.
(4)The Chief Inspector for Wales may charge for the cost of an inspection conducted under subsection (3).
(5)Subsections (5) to (8) of section 77 apply to a report under subsection (2) as they apply to a report under that section.
(6)The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.
Commencement Information
I17S. 78 not in force at Royal Assent see s. 154; s. 78 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)When conducting an inspection under this Part, the Chief Inspector for Wales has, at all reasonable times—
(a)a right of entry to premises on which the education or training being inspected is provided;
(b)a right of entry to premises of the provider of that education or training which are used in connection with that provision;
(c)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.
(2)In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice in writing.
(3)The right to inspect records conferred by subsection (1)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
(4)That right also includes the right to such assistance from—
(a)the person by whom or on whose behalf the computer is or has been so used, or
(b)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
as the Chief Inspector for Wales may reasonably require.
(5)It is an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of functions in relation to an inspection under this Part.
(6)A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Commencement Information
I18S. 79 not in force at Royal Assent see s. 154; s. 79 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)This section applies if the Chief Inspector for Wales publishes a report of an inspection.
(2)But it does not apply to a report of an inspection conducted—
(a)as a result of a request under section 78(3); or
(b)under section 83.
(3)The provider of the education or training which is the subject of the report must 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.
(4)The person making the statement must—
(a)publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and
(b)send copies of it to such persons as may be so prescribed.
Commencement Information
I19S. 80 not in force at Royal Assent see s. 154; s. 80 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F113S. 81 repealed (1.4.2007) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2006/1338, art. 5, Sch. 3
(1)The Chief Inspector for Wales may, at the request of the Secretary of State or [F114the Chief Inspector for England ], inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the M7Employment and Training Act 1973.
(2)A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State.
(3)The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.
(4)A report of an inspection conducted under this section at the request of [F115the Chief Inspector for England must be given to that Chief Inspector].
(5)[F116The Chief Inspector for England] may arrange for the report to be published in such manner as [F117he] considers appropriate.
(6)The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.
[F118(7)In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.]
Textual Amendments
F114Words in s. 82(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(2); S.I. 2007/935, art. 5(gg)
F115Words in s. 82(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(3); S.I. 2007/935, art. 5(gg)
F116Words in s. 82(5) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(4); S.I. 2007/935, art. 5(gg)
F117Word in s. 82(5) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(4); S.I. 2007/935, art. 5(gg)
F118S. 82(7) added (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(5); S.I. 2007/935, art. 5(gg)
Commencement Information
I20S. 82 not in force at Royal Assent see s. 154; s. 82 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect—
F119(a)the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged [F11915] or over;
(b)the standards achieved by those receiving that education or training; and
(c)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.
(2)The Chief Inspector for Wales may, without being asked to, conduct such an inspection.
(3)If financial resources have been applied by the [F120National Assembly] or a [F109local authority] [F121 in Wales] in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.
(4)The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).
(5)A provider of education or training which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.
(6)The [F120National Assembly] and any [F109local authority] [F122 in Wales] within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.
(7)The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.
(8)On completing an area inspection, the Chief Inspector for Wales must make a written report.
(9)Subsections (4), (5)(a) to (c) and (6) to (9) of section 77 apply to a report under this section as they apply to a report under that section.
(10)“Area inspection” means an inspection under this section.
[F123(11) In subsection (1)(a) “ persons who are aged 15 ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ school ” and “ school year ” have the same meaning as in the Education Act 1996. ]
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F119Word in s. 83(1)(a) substituted (1.8.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 178(4)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1718, art. 4, Sch. Pt. I; S.I. 2006/2895, art. 2
F120Words in s. 83(3)(6) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 66 (with art. 7)
F121Words in s. 83(3) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(5)
F122Words in s. 83(6) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(5)
F123S. 83(11) inserted (1.8.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 178(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1718, art. 4, Sch. Pt. I; S.I. 2006/2895, art. 2
Commencement Information
I21S. 83 not in force at Royal Assent see s. 154; s. 83 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.
F124(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The National Assembly may direct a [F109local authority] [F125in Wales] whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
(4)In preparing the statement F126... the authority must consult such persons as the National Assembly may direct.
(5)The person making the statement must—
(a)publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and
(b)send copies of it to such persons as may be so prescribed.
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F124S. 84(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 67(a) (with art. 7)
F125Words in s. 84(3) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(5)
F126Words in s. 84(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 67(b) (with art. 7)
Commencement Information
I22S. 84 not in force at Royal Assent see s. 154; s. 84 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The National Assembly may direct the Chief Inspector for Wales to carry out—
(a)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
(b)a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.
(2)The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.
Commencement Information
I23S. 85 not in force at Royal Assent see s. 154; s. 85 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The annual report of the Chief Inspector for Wales required by [F127section 21(1)(a) of the Education Act 2005] must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.
(2)The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.
Textual Amendments
F127Words in s. 86(1) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 25; S.I. 2006/1338, art. 4(1), Sch. 2
Commencement Information
I24S. 86 not in force at Royal Assent see s. 154; s. 86 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.
(2)The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.
(3)The plan must contain estimates of—
(a)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
(b)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.
(4)The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.
(5)The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.
(6)“The 1998 Act” means the M8Government of Wales Act 1998.
Commencement Information
I25S. 87 not in force at Royal Assent see s. 154; s. 87 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.
Marginal Citations
(1)For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.
(2)Nothing in subsection (1) limits any privilege subsisting apart from that subsection.
Commencement Information
I26S. 88 not in force at Royal Assent see s. 154; s. 88 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)On the appointed day—
(a)the Further Education Funding Council for England shall be dissolved, and
(b)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.
(2)The appointed day is the day appointed under section 154 for the commencement of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128S. 90 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 58(a), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
(1)The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.
(2)The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.
(3)The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the M9Employment and Training Act 1973 (arrangements regarding employment).
(4)The listed persons are—
(a)the Learning and Skills Council for England;
F130(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
(6)A scheme under this section comes into force on the day it specifies for it to come into force.
(7)When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
(8)If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.
(9)The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.
(10)A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.
Textual Amendments
F130S. 92(4)(b)(c) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 58(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
(1)A transfer effected by virtue of section 89 F132... is not to give rise to liability to stamp duty.
(2)Stamp duty is not to be chargeable on a scheme made under [F133section 92].
Textual Amendments
F132Words in s. 94(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 70(a) (with art. 7)
F133Words in s. 94(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 59; S.I. 2007/935, art. 5(gg)
(1)For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.
(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.
(3)In this section—
“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
“land transaction return” has the meaning given by section 76(1) of that Act.]
Textual Amendments
(1)This section applies if rights and liabilities under a contract of employment are transferred by virtue of—
(a)section 89 F135... or
(b)a scheme under [F136section 92].
(2)Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.
(3)For the purposes of Part XI of the M10Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.
(4)For the purposes of that Act the employee’s period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.
(5)The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.
(6)For the purposes of this section—
(a)the transferor is the person from whom the rights and liabilities are transferred;
(b)the transferee is the person to whom the rights and liabilities are transferred.
Textual Amendments
F135Words in s. 95(1)(a) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 71(a) (with art. 7)
F136Words in s. 95(1)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 60; S.I. 2007/935, art. 5(gg)
Commencement Information
I27S. 95 wholly in force at 1.1.2001; s. 95 not in force at Royal Assent see s. 154; s. 95 in force (E.) at 1.9.2000 by S.I. 2000/2114, art. 2(3), Sch. Pt. III; s. 95 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch
Marginal Citations
(1)This section applies to a course of education or training—
(a)which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,
(b)which leads to [F137a relevant qualification], and
(c)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.
(2)Unless the [F138relevant] qualification is approved under section 98 or 99, the course must not be—
(a)funded by an authorised body (as defined in section 100), or
(b)provided by or on behalf of a maintained school.
(3)In relation to a maintained school, the [F139local authority] and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.
(4)The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
[F140(5)In this section “a relevant qualification”—
(a)in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;
(b)in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.]
(8)These are maintained schools—
(a)a community, foundation or voluntary school;
(b)a community or foundation special school.
[F141(9)In this section and sections 100 to 102 “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
Textual Amendments
F137Words in s. 96(1)(b) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(2); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
F138Word in s. 96(2) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(3); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
F139Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F140S. 96(5) substituted for s. 95(5)-(7) (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(4); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
F141S. 96(9) added (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(6)
Modifications etc. (not altering text)
C1S. 96 restricted (with effect in accordance with art. 2 of the affecting S.I.) by Coventry City Council and the North West Federation of Schools (International General Certificate of Secondary Education) Order 2005 (S.I. 2005/1739), arts. 1(1), 2
Commencement Information
I28S. 96 wholly in force at 1.9.2001; s. 96 not in force at Royal Assent see s. 154; s. 96 in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; S.I. 2001/1274, art. 2 Sch. Pt. II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F142S. 97 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 43, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
(1)This section has effect for the purposes of [F143section 96 in its application ]to England.
(2)A qualification is approved at a given time if—
(a)it is then approved by the Secretary of State, or
(b)it is then approved by a body then designated by him for the purposes of this section.
F144(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F145(2B)A qualification may be approved only if—
(a)the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or
(b)the Office of Qualifications and Examinations Regulation is consulted before the approval is given.
(2C)The conditions are that—
(a)the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and
(b)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.]
(3)Approval may be given generally or in relation to particular cases.
F146(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The Secretary of State may at any time revoke—
(a)a designation;
(b)an approval given by him;
(c)an approval given by a designated body.
(6)A designated body may at any time revoke an approval given by it.
(7)If the Secretary of State asks the [F147Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise him on any approval he proposes to give under subsection (2)(a).
(8)If a designated body asks the [F148Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).
Textual Amendments
F143Words in s. 98(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 44(2); S.I. 2010/303, art. 3, Sch. 2
F144S. 98(2A) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 44(3), 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F145S. 98(2B)(2C) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(2); S.I. 2010/1151, art. 2, Sch. 1
F146S. 98(4) repealed (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 159(3), 173(4), Sch. 2; S.I. 2009/387, art. 2
F147Words in s. 98(7) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(3); S.I. 2010/1151, art. 2, Sch. 1
F148Words in s. 98(8) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(3); S.I. 2010/1151, art. 2, Sch. 1
(1)This section has effect for the purposes of [F149section 96 in its application ] to Wales.
(2)A qualification is approved at a given time if—
[F150(za)the conditions mentioned in subsection (2ZA) are then satisfied in relation to the qualification,]
(a)it is then [F151otherwise] approved by the National Assembly for Wales, or
(b)it is then approved by a body then [F152otherwise] designated by the National Assembly for the purposes of this section.
[F153(2ZA)The conditions are that—
(a)the qualification is awarded or authenticated by a person recognised in that respect under section 30(1)(e) of the Education Act 1997, and
(b)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.]
(3)Approval may be given generally or in relation to particular cases.
(4)An approval given by a designated body is ineffective unless the National Assembly consents to the approval.
(5)The National Assembly may at any time revoke—
(a)a designation;
(b)an approval given by the National Assembly;
(c)an approval given by a designated body.
(6)A designated body may at any time revoke an approval given by it.
F154(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F155(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F149Words in s. 99(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 45(2); S.I. 2010/303, art. 3, Sch. 2
F150S. 99(2)(za) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(2)(a); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F151Word in s. 99(2)(a) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(2)(b); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F152Word in s. 99(2)(b) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(2)(b); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F153S. 99(2ZA) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(3); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F154S. 99(7) 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. 30 (with art. 7)
F155S. 99(8) 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. 30 (with art. 7)
Commencement Information
I29S. 99 not in force at Royal Assent see s. 154; s. 99 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)For the purposes of [F156section 96 in its application] to England these are authorised bodies—
(a)the Learning and Skills Council for England;
(b)a [F109local authority] ;
(c)a body specified by order by the Secretary of State for the purposes of this section.
(2)For the purposes of [F156section 96 in its application] to Wales these are authorised bodies—
(a)the [F157National Assembly for Wales];
(b)a [F109local authority] ;
(c)a body specified by order by the National Assembly for Wales for the purposes of this section.
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F156Words in s. 100 substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 46; S.I. 2010/303, art. 3, Sch. 2
F157Words in s. 100(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 72 (with art. 7)
Commencement Information
I30S. 100 not in force at Royal Assent see s. 154; s. 100(1) wholly in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; s. 100(2) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II
(1)This section has effect for the purposes of [F158 section 96 in its application] to England, and it applies if the Secretary of State is satisfied that—
(a)a [F109local authority] or specified body has failed to comply with section 96(2)(a) or is proposing to do so, [F159 or]
(b)a [F109local authority] or governing body has failed to comply with section 96(3) or is proposing to do so, F160...
F160(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may give such directions to the authority or body as he thinks fit.
(3)An authority or body must comply with any directions given to it under this section.
(4)A specified body is a body specified under section 100(1)(c).
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F158Words in s. 101(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(a); S.I. 2010/303, art. 3, Sch. 2
F159Word in s. 101(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(b); S.I. 2010/303, art. 3, Sch. 2
F160S. 101(1)(c) and preceding word "or" repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(c), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
(1)This section has effect for the purposes of [F161section 96 in its application] to Wales, and it applies if the National Assembly for Wales is satisfied that—
(a)a [F109local authority] or specified body has failed to comply with section 96(2)(a) or is proposing to do so, [F162or]
(b)a [F109local authority] or governing body has failed to comply with section 96(3) or is proposing to do so, F163...
F163(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The National Assembly may give such directions to the authority or body as it thinks fit.
(3)An authority or body must comply with any directions given to it under this section.
(4)A specified body is a body specified under section 100(2)(c).
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F161Words in s. 102(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(a); S.I. 2010/303, art. 3, Sch. 2
F162Word in s. 102(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(b); S.I. 2010/303, art. 3, Sch. 2
F163S. 102(1)(c) and preceding word "or" repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(c), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
Commencement Information
I31S. 102 not in force at Royal Assent see s. 154; s. 102 in force for W. at 1.9.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II
(1)The M11Education Act 1997 shall be amended as follows.
F164(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In section 30 (functions of Qualifications, Curriculum and Assessment Authority for Wales in relation to external qualifications)—
(a)in subsection (1) omit “or by subsection (3)”;
(b)in subsection (2) for “(g)” substitute “ (gg) ”;
(c)omit subsection (3).
(5)In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.
Textual Amendments
F164S. 103(2)(3) repealed (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
Commencement Information
I32S. 103 partly in force; s. 103 not in force at Royal Assent see s. 154; s. 103(1)(5) in force (E.) at 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pt. III; s. 103(1)(2)(3) in force (W.) for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 103(4) in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 103(5) in force (W.) at 1.9.2001 by S.I. 2001/1274, art. 2 Sch. Pt. II; s. 103(2)(3) in force (E.) at 1.4.2002 in so far as not already in force by S.I. 2002/279, art. 2(2)(a)
Marginal Citations
(1)Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).
(2)The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
(3)These conditions may be included—
(a)conditions as to the description of individual who may hold an account;
(b)conditions as to the description of institution with which an account may be held;
(c)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;
(d)conditions requiring an account to be identified by a specified name.
(4)Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
(5)The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
(6)The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.
(7)The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.
(8)For the purposes of this section an enactment includes an Act of the Scottish Parliament.
(1)Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2)The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
(3)These conditions may be included—
(a)conditions as to the description of individual who may enter into arrangements;
(b)conditions as to the description of body with which arrangements may be made;
(c)conditions as to the nature of the arrangements and the way they are to be made;
(d)conditions requiring the arrangements to be identified by a specified name.
(4)Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
(5)The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
(6)The regulations may contain provision securing that an individual may not simultaneously—
(a)be a party to more than one set of arrangements which qualify under this section, or
(b)be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).
(7)Arrangements fall within this subsection if they are—
(a)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
(b)arrangements which qualify under section 106.
(1)Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2)The provision is to be taken to require the arrangements to satisfy conditions specified by [F165 the Department for Employment and Learning] in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).
(3)Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a)references in those subsections to the Secretary of State are to be treated as references to the Department;
(b)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.
Textual Amendments
F165Words in s. 106(2) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
(1)The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.
(2)Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.
(3)Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.
(4)The Secretary of State may pay—
(a)to a person designated by him under subsection (1) to make arrangements with a body, or
(b)to a person designated by him under subsection (3) to carry out functions on his behalf,
remuneration or amounts to meet the person’s expenses.
(5)[F166The Department forEmployment and Learning] in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.
(6)Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.
Textual Amendments
F166Words in s. 107(5) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
(1)The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2)The regulations must provide that grants may be paid only to or in respect of individuals—
(a)who hold accounts which qualify under section 104,
(b)who are parties to arrangements which qualify under section 105, or
(c)who hold such accounts and are parties to such arrangements.
(3)The regulations may provide that grants may not be paid unless other specified conditions are satisfied.
(4)These conditions may be included—
(a)conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);
(b)conditions as to the way the arrangements qualifying under section 105 are conducted;
(c)conditions as to the employment or self-employment of individuals;
(d)conditions requiring individuals not to be receiving or have received specified benefits;
(e)conditions as to the kinds of education or training which qualify.
(5)The regulations may provide—
(a)that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;
(b)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;
(c)that if grants are payable under the regulations they may be paid to persons providing education or training;
(d)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;
(e)that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.
(6)Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified—
(a)by the Secretary of State in a way he thinks fit, or
(b)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.
(7)The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved—
(a)by the Secretary of State, or
(b)if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.
(1)[F167The Department for Employment and Learning] in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2)The regulations must provide that grants may be paid only to or in respect of individuals—
(a)who hold accounts which qualify under section 104,
(b)who are parties to arrangements which qualify under section 106, or
(c)who hold such accounts and are parties to such arrangements.
(3)Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a)references in those subsections to the Secretary of State are to be treated as references to the Department;
(b)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.
Textual Amendments
F167Words in s. 109(1) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
(1)After section 2(2) of the M12Education Act 1996 (definition of secondary education) there shall be inserted—
“(2A)Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—
(a)is maintained by a [F109local authority] , and
(b)is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
(2B)Where—
(a)a person is in full-time education,
(b)he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and
(c)the education which he receives at the school would be secondary education if it was full-time education at the school,
the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).”
(2)Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the M13Education Act 1996 (schools)).
(3)An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the M14School Standards and Framework Act 1998 (community or foundation mainstream or special school).
(4)A [F109local authority] may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the M15Education Act 1996 (education for 16 to 18 year olds).
(5)Section 51(3A) of the M16Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.
[F168(6)In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F168S. 110(6) added (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(7)
Commencement Information
I33S. 110 wholly in force at 1.8.2002; s. 110 not in force at Royal Assent see s. 154; s. 110(1) in force (E.) for certain purposes at 1.9.2000, s. 110(2) in force (E.) for certain purposes at 1.9.2000 and s. 110(3) in force (E.) at 1.9.2000 by S.I. 2000/2114, art. 2(3), Sch. Pt. III; s. 110(1) wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 110 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 110(2)(4)(5) in force for E. at 1.8.2002 in so far as not already in force by S.I. 2002/279, art. 2(3)(b)
Marginal Citations
(1)The following shall be substituted for section 16(2) and (3) of the M17Further and Higher Education Act 1992 (incorporation of further education institutions)—
“(2)Subsection (1) above does not apply to an institution which is maintained by a [F109local authority] .
(3)The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
(a)is maintained by a [F109local authority] , and
(b)in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.”
(2)Section 51 of that Act (publication of proposals) shall be amended as follows—
(a)for subsection (3)(b) substitute—
“(b)an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council,”,
and
(b)after subsection (3) insert—
“(3A)A draft proposal or order in respect of an institution which is maintained by a [F109local authority] shall not be published without the consent of the governing body and the [F109local authority] .”
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
Commencement Information
I34S. 111 wholly in force at 1.4.2001; s. 111 not in force at Royal Assent see s. 154; s. 111 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 111 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
In section 28(3) of the M18Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)—
“(3A)The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the [F109local authority] .”
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
Commencement Information
I35S. 112 wholly in force at 1.4.2001; s. 112 not in force at Royal Assent see s. 154; s. 112 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 112 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)Schedule 7 ([F171sixth forms requiring significant improvement ]) shall have effect.
[F172(2)Expressions used in that Schedule and in [F173Chapter 4 of Part 1 of the Education Act 2005 have the same meaning as in that Chapter.]]
(3) Sections 496 and 497 of the M19 Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if [F174those powers and duties were conferred by that Act.]
Textual Amendments
F169S. 113 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
F170 Word in s. 113 heading inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a), Sch. 1 para. 39(b) (with art. 2(3))
F171Words in s. 113(1) substituted (1.9.2005 for E., 1.9.2006 for W) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
F172S. 113(2) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1; S.I. 2006/1338, art. 3, Sch. 1
F173 Words in s. 113(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a), Sch. 1 para. 39(a) (with art. 2(3))
F174Words in s. 113(3) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(8)
Modifications etc. (not altering text)
C2S. 113: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)
Commencement Information
I36S. 113 wholly in force at 1.4.2002; s. 113 not in force at Royal Assent see s. 154; s. 113(1)(2) in force for certain purposes (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 113 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 113 wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I
Marginal Citations
F176( 1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F177National Assembly for Wales] may make proposals under this section—
(a)with a view to meeting recommendations made in the report of an area inspection under section 83,
(b)with a view to promoting one or more of the relevant objectives, or
(c)if—
(i)they are made in addition to proposals relating to education or training other than in schools, and
(ii)the combined proposals are made with a view to promoting one or more of the relevant objectives.
(3) For the purposes of this section, the following are “ relevant objectives ”—
(a)an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;
(b)an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;
(c)an expansion of the range of educational or training opportunities suitable to the requirements of such persons.
(4)Proposals under this section are proposals for one or more of the following—
(a)the establishment by a [F109local authority] [F178 in Wales] of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
F179( aa ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;
(c)the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).
[F180(4A)Proposals under this section are to be published.]
F181(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F182(5A)In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—
(a)confirm them, with or without modification or subject to the occurrence of any event; or
(b)withdraw them.]
(6)Schedule 7A (implementation of proposals) has effect.
F183(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F184(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Regulations may make provision about proposals under this section and may in particular make provision about—
(a)the information to be included in, or provided in relation to, the proposals;
(b)publication of the proposals;
(c)consultation on the proposals (before or after publication);
(d)the making of objections to or comments on the proposals;
(e)withdrawal or modification of the proposals;
F185(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F186(g)confirmation of proposals under subsection (2) by the relevant authority]
(10)For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.
(11)For the purposes of this section and Schedule 7A—
“ alteration ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
in the religious character of the school, or
whereby the school would acquire or lose a religious character;
[F187“local authority” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);]
“ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;
“ regulations ” means—
“ relevant authority ” means—
“ secondary education ” has the same meaning as in section 2 of the Education Act 1996. ]
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F175S. 113A inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1
F176S. 113A(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F177Words in s. 113A(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(a) (with art. 7)
F178Words in s. 113A(4)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 36(a); S.I. 2007/935, art. 7(o)
F179S. 113A(4)(aa) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F180S. 113A(4A) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(b) (with art. 7)
F181S. 113A(5) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F182S. 113A(5A) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(d) (with art. 7)
F183S. 113A(7) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F184S. 113A(8) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F185S. 113A(9)(f) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F186S. 113A(9)(g) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(h) (with art. 7)
F187Words in s. 113A(11) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(9) (with Sch. 4 para. 4)
F188Words in s. 113A(11) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(3)(a), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F189Words in s. 113A(11) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(i)(i) (with art. 7)
F190Words in s. 113A(11) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(3)(b), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F191Words in s. 113A(11) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(i)(ii) (with art. 7)
Modifications etc. (not altering text)
C3S. 113A power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
C4S. 113A modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(c), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
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Textual Amendments
F192Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2
The following shall be inserted after section 10A of the M20Employment and Training Act 1973 (careers services)—
(1)Her Majesty’s Chief Inspector of Schools in England—
(a)shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,
(b)may give the Secretary of State other advice about those matters,
(c)shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and
(d)may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
(2)A request under subsection (1)(c)—
(a)may be general or in relation to specific matters,
(b)may relate to a specific person or institution providing services, or to a specific class of person or institution, and
(c)may relate to a specific area.
(3)An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
(4)A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
(5)Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
(6)A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—
(a)section 3(3)(a) and (b) (right of access), and
(b)section 42 (computer records).
(7)Section 42A of the 1996 Act (publication of reports) shall apply.
(8)A person who wilfully obstructs a person in carrying out or participating in the inspection—
(a)shall be guilty of an offence, and
(b)shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
Marginal Citations
(1)The National Assembly for Wales may direct a local authority—
(a)to provide youth support services;
(b)to secure the provision of youth support services;
(c)to participate in the provision of youth support services.
(2)In this section “youth support services” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)—
(a)to participate effectively in education or training,
(b)to take advantage of opportunities for employment, or
(c)to participate effectively and responsibly in the life of their communities.
(3)In this section “young persons” means persons who have attained the age of 11 but not the age of 26.
(4)A direction under subsection (1)—
(a)may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),
(b)may require local authorities to have regard to guidance issued by the National Assembly, and
(c)may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.
(5)A direction under subsection (1)—
(a)may relate to a particular class of young person;
(b)may make different provision for different classes of young person;
(c)may be revoked or varied by a later direction.
Commencement Information
I37S. 123 not in force at Royal Assent see s. 154; s. 123 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)A local authority—
(a)shall comply with a direction given to it under section 123(1), and
(b)may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).
(2)Action which a local authority takes in pursuance of subsection (1)—
(a)may relate to a particular class of young persons;
(b)may relate to services for a person from another area.
(3)In complying with a direction under section 123(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.
(4)For the purpose of subsection (1) a local authority may—
(a)incur expenditure;
(b)employ officers;
(c)enter into agreements for the supply of goods or services;
(d)do anything else (other than forming companies) which they consider necessary or expedient.
(5)Nothing in or done under section 123 shall prejudice any power of a local authority to provide services or incur expenditure.
Commencement Information
I38S. 124 not in force at Royal Assent see s. 154; s. 124 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)Before complying with a direction under section 123(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area—
(a)a [F193Local Health Board],
(b)a chief officer of police,
(c)a police authority,
(d)a probation committee
[F194(da)a provider of probation services,] and
(e)a youth offending team.
(2)The local authority shall also—
(a)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,
F195(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)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 M21Employment and Training Act 1973 (careers services),
(d)consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,
(e)consult such other persons as the local authority think appropriate, and
(f)provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.
(3)Subsection (4) applies where a local authority—
(a)provide or propose to provide youth support services for the residents of a particular place or area, or
(b)secure or propose to secure the provision of youth support services for the residents of a particular place or area.
(4)Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—
(a)exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and
(b)coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.
(5)Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.
Textual Amendments
F193Words in s. 125(1)(a) substituted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(2)
F194S. 125(1)(da) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 16(4)
F195S. 125(2)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 74 (with art. 7)
Commencement Information
I39S. 125 not in force at Royal Assent see s. 154; s. 125 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b) [F196 or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009], an educational institution to which this section applies shall, for the purpose of the provision of those services—
(a)provide him on request with the name and address of a pupil or student;
(b)provide him on request with the name and address of a parent of a pupil or student;
(c)provide him on request with information in the institution’s possession about a pupil or student;
(d)permit him to have access to a pupil or student on the institution’s premises at reasonable times;
(e)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.
(2)Information shall not be provided under subsection (1)(c)—
(a)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
(b)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.
(3)This section applies to the following institutions—
(a)community, foundation and voluntary schools,
(b)community or foundation special schools (other than those established in hospitals),
(c)city technology colleges and city colleges for the technology of the arts,
(d)pupil referral units,
(e)institutions within the further education sector, and
(f)institutions in receipt of funding from the [F197National Assembly for Wales in the discharge of its functions under Part 2].
Textual Amendments
F196Words in s. 126(1) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 42(2), 49(2); S.I. 2009/3174, art. 2(1)(m)
F197Words in s. 126(3)(f) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 75 (with art. 7)
Commencement Information
I40S. 126 not in force at Royal Assent see s. 154; s. 126 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)Her Majesty’s Chief Inspector of Education and Training in Wales—
(a)shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) [F198 or section 40(1) of the Learning and Skills (Wales) Measure 2009],
(b)may give the National Assembly other advice about those matters,
(c)shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and
(d)may undertake such other inspections of the provision of those services as he thinks fit.
(2)The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).
(3)A request under subsection (1)(c)—
(a)may be general or in relation to specific matters,
(b)may relate to a specific person or institution providing services, or to a specific class of person or institution, and
(c)may relate to a specific area.
(4)A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
Textual Amendments
F198Words in s. 127(1)(a) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 42(3), 49(2); S.I. 2009/3174, art. 2(1)(m)
Commencement Information
I41S. 127 not in force at Royal Assent see s. 154; s. 127 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)This section applies where a service is inspected pursuant to a request under section 127(1)(c) or in accordance with section 127(1)(d).
[F199(2)A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—
(a)section 24(3)(a) and (d) (right of access), and
(b)section 58 (computer records).]
(3)[F200 Section 29] of that Act (publication of reports) shall apply.
(4)Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—
(a)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,
(b)publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and
(c)send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.
(5)Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—
(a)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
(b)shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.
(6)If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—
(a)the National Assembly may give directions to the local authority about the performance of those duties, and
(b)the authority shall comply with the directions.
Textual Amendments
F199S. 128(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 27(2); S.I. 2006/1338, art. 4(1), Sch. 2
F200Words in s. 128(3) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 27(3); S.I. 2006/1338, art. 4(1), Sch. 2
Commencement Information
I42S. 128 not in force at Royal Assent see s. 154; s. 128 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)In sections 123 to 128—
“local authority” means a county council or a county borough council,
[F201“Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,]
F202...
“parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the M22Children Act 1989,
“probation committee” means a committee established under section 3 of the M23Probation Service Act 1993,
“police authority” has the meaning given by section 101 of the M24Police Act 1996,
“young person” has the meaning given by section 123(3),
“youth offending team” means a team established under section 39 of the M25Crime and Disorder Act 1998, and
“youth support services” has the meaning given by section 123(2).
(2)The power under section 123 shall not relate to services which are provided or to be provided outside Wales.
Textual Amendments
F201Definition of "Local Health Board" in s. 129(1) inserted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(3)
F202Definition of “Health Authority” in s. 129(1) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 203 (with Sch. 3 Pt. 1)
Commencement Information
I43S. 129 not in force at Royal Assent see s. 154; s. 129 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F203Ss. 130-132 repealed (26.7.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F204Ss. 130-132 repealed (26.7.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F205Ss. 130-132 repealed (26.7.2002 except in relation to W. and otherwise 19.12.2002.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
After section 483 of the M26Education Act 1996 there shall be inserted—
(1)This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
(2)A child falls within this subsection if—
(a)he is a child for whom a statement is maintained under section 324, and
(b)he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.
(3)The condition in this subsection is satisfied if—
(a)the school is approved by the Secretary of State under section 347(1), or
(b)the Secretary of State consents to the child being educated at the school.
(4)The Secretary of State may by regulations make provision for securing that arrangements are made—
(a)for making the special educational provision specified in the statement;
(b)for making any non-educational provision specified in the statement.
(5)Regulations under subsection (4) may require or authorise a [F109local authority]—
(a)to make payments to the school in respect of the child, or
(b)to provide any other assistance to the school in respect of the child.
(6)No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a [F109local authority] making payments or providing assistance by virtue of subsection (5).
(7)This section does not apply to schools in Wales.”
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
Marginal Citations
(1)Section 1 of the M27Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).
(2)This subsection applies to a person if—
(a)he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and
(b)the rights and obligations arose by virtue of his or another person’s employment with any of the employers specified in subsection (3).
(3)The employers are—
(a)a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the M28Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;
(b)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.
(4)A scheme under section 1 of the M29Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless—
(a)the trustees of the occupational scheme consent in writing to the new scheme being made,
(b)the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and
(c)the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.
(1)This section has effect for the purposes of section 134.
(2)Rights in relation to a person include—
(a)all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;
(b)a right of allocation in respect of the present or future payment of a pension.
(3)A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.
(4)“M30Pension Schemes Act 1993. ” has the meaning given by section 93(1A) of the
Marginal Citations
(1)A function exercisable by virtue of section 1 of the M31Superannuation Act 1972 in consequence of section 134 or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.
(2)An authorisation given by virtue of subsection (1) may authorise the exercise of a function—
(a)either wholly or to such extent as may be specified in the authorisation;
(b)either generally or in such cases as may be so specified;
(c)either unconditionally or subject to the fulfilment of such conditions as may be so specified.
(3)An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the M32Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).
(4)An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.
(1)Section 508 of the M33Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.
(2)In subsection (1) for “secondary and further education” substitute “ and secondary education ”.
(3)After subsection (1) insert—
“(1A)A [F109local authority] may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.”
(4)In subsection (2) for “For that purpose” substitute “ For the purpose of subsection (1) or (1A) ”.
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
Marginal Citations
(1)For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—
(a)to a local authority;
(b)to any other person or body involved in the provision of the services.
(2)The services are—
(a)services provided in pursuance of section 123 of this Act,
(b)services provided in pursuance of any of sections 2, 8, 9 and 10 of the M34Employment and Training Act 1973 (training and careers services), and
(c)services wholly or partly funded in pursuance of section 12 of the M35Industrial Development Act 1982 (careers in industry).
(3)The persons and bodies are—
(a)a local authority,
F206(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F207(ba)a Local Health Board,]
(c)the [F208National Assembly for Wales],
(d)a chief officer of police,
(e)a probation committee,
[F209(ea)a probation trust,
(eb)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
(f)a youth offending team.
Textual Amendments
F206S. 138(3)(b) omitted (1.4.2007) by virtue of References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(4)
F207S. 138(3)(ba) inserted (10.10.2002 for W., 1.3.2007 for E. immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 47; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)
F208Words in s. 138(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 76 (with art. 7)
F209S. 138(3)(ea)(eb) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 16(5)
Commencement Information
I44S. 138 partly in force; s. 138 not in force at Royal Assent see s. 154; s. 138 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)Section 19 of the M36Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.
(2)In subsection (1) after paragraph (b) insert—
“or
(c)in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).”
(3)In subsection (2)—
(a)in paragraph (f) omit “employed as a teacher at a school”, and
(b)in paragraph (k) after “schools” insert “ or to further education institutions ”.
(4)In subsection (6), for “subsection (2)” substitute “ subsections (2) and (6A) ”.
(5)After subsection (6) insert—
“(6A)Regulations under subsection (1)(c) may, in particular—
(a)provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;
(b)provide for approval to be general or specific;
(c)make provision (including transitional provision) about the withdrawal of approval;
(d)impose conditions or limitations on the appropriate body’s power to give or withhold approval.”
(6)In subsection (10) after paragraph (c) insert—
“(d)“a further education institution” means an institution within the further education sector.”
(7)After subsection (10) insert—
“(11)In the application of this section to a further education institution—
(a)a reference to a school term shall be taken as a reference to a term of the institution;
(b)a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.
(12)Sections 496 and 497 of the Education Act 1996 shall have effect as if—
(a)the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
(b)in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).”
Commencement Information
I45S. 139 wholly in force at 1.1.2001; s. 139 not in force at Royal Assent see s. 154; s. 139 in force at 3.8.2000 (in so far as it relates to England, except in so far as it inserts subsection (12) into section 19 of the Teaching and Higher Education Act 1998) by S.I. 2000/2114, art. 2, Sch. Pt. I; s. 139 in force (E.) at 1.10.2000 for specified purposes by S.I. 2000/2559, art. 2, Sch. Pt. I; s. 139 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.
Marginal Citations
(1)Subsection (2) applies if a [F109local authority] in England—
(a)maintains a statement of special educational needs for a person, and
(b)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.
(2)The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.
(3)Subsection (4) applies if a [F109local authority] in England—
(a)maintains a statement of special educational needs for a person who is over compulsory school age, and
(b)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.
(4)The authority must arrange for an assessment of the person to be conducted at some time during the current school year.
(5)A [F109local authority] in England may at any time arrange for an assessment to be conducted of a person—
(a)who is within subsection (6), and
(b)for whom the authority is responsible.
(6)A person within this subsection is one who—
(a)is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,
(b)appears to the authority to have a learning difficulty within the meaning of section 13, and
(c)is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.
(7)In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F210Ss. 139A-139C inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 80, 173(1)(a)
(1)This section applies for the purposes of section 139A.
(2)A statement of special educational needs is a statement maintained under section 324 of the Education Act 1996.
(3)An assessment of a person is an assessment, resulting in a written report, of—
(a)the person's educational and training needs, and
(b)the provision required to meet them.
(4)A [F109local authority] is responsible for—
(a)a person who is receiving education or training in its area;
(b)a person who is not receiving education or training, but who is normally resident in its area;
(c)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.
(5)A person's last year of compulsory schooling is the last school year at his school during the whole or part of which he is of compulsory school age; and in the application of section 139A(6) to a person who is receiving education at an institution other than a school, that institution is to be treated for the purpose of determining his last year of compulsory schooling as though it were a school.
(6)“Higher education” is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
(7) “ Post-16 education or training ” means post-16 education or post-16 training within the meaning of Part 1.
[F211(8)“local authority in England” and “school year” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F210Ss. 139A-139C inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 80, 173(1)(a)
F211S. 139B(8) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(10)
(1)Section 139A applies in relation to a person who is receiving education at home, subject to the following modifications.
(2)In section 139A(1)(b) and (3)(b), references to a person's leaving school to receive post-16 education or training or higher eduction are to be construed as references to a person's ceasing to receive education at home in order to receive, otherwise than in a school, post-16 education or training or higher education.
(3)References to a person's last year of compulsory schooling are to be construed as references to the 12 month period ending when the person ceases to be of compulsory school age.
(4)References to the current school year are to be construed as references to the period of 12 months beginning on the most recent 1st September.]
Textual Amendments
F210Ss. 139A-139C inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 80, 173(1)(a)
(1)Subsection (2) applies if—
(a)a [F109local authority] [F213in Wales] maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
(b)the [F214Welsh 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 [F215Part 2] of this Act) or higher education (within the meaning of the M37Education Reform Act 1988).
(2)[F216The Welsh Ministers ] must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
(3)[F217The Welsh Ministers] may at any time arrange for an assessment to be conducted of a person—
(a)who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,
(b)who appears [F218to the Welsh Ministers] to have a learning difficulty (within the meaning of section 13), and
(c)who is receiving, or in the [F219opinion of the Welsh Ministers ] is likely to receive, post-16 education or training (within the meaning of [F219 Part 2 ] of this Act) or higher education (within the meaning of the M38Education Reform Act 1988).
(4)For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
(a)his educational and training needs, and
(b)the provision required to meet them.
(5)A [F109local authority] [F220 in Wales] must send a copy of a statement maintained by it under section 324 of the M39Education Act 1996 to the [F221Welsh Ministers on their request].
[F222(5A)“Local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
F223(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F109Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F212S. 140 heading substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77
F213Words in s. 140(1)(a) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(a)
F214Words in s. 140(1)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(b)
F215Words in s. 140(1)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(b)
F216Words in s. 140(2) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)
F217Words in s. 140(3) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)
F218Words in s. 140(3)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(d)
F219Words in s. 140(3)(c) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(e)
F220Words in s. 140(5) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)
F221Words in s. 140(5) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)
F222S. 140(5A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(11)
F223S. 140(6) repealed (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(g), 2
Commencement Information
I46S. 140 partly in force; s. 140 not in force at Royal Assent see s. 154; s. 140(5) in force for E. at 1.3.2001 by S.I. 2001/654, art. 2, Sch. Pt. I; s. 140(3)(4) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 140(3) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(4)(5)(6) in force for W. for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(1)(2)(4)-(6) wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I; s. 140(1)(2) in force for E. at 1.4.2002 by S.I. 2002/279, art. 2(2)(b) (with art. 3)
Marginal Citations
(1)This section applies to a company if—
(a)it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the M40Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,
(b)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),
(c)the company’s [F224articles 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
(d)the company’s [F225articles 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.
(2)Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—
(a)take action of a prescribed kind, or
(b)cause or permit a person to take action of a prescribed kind.
(3)In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—
(a)making a disposal or payment of a prescribed kind or in prescribed circumstances,
(b)incurring expenditure of a prescribed kind or in prescribed circumstances, and
(c)entering into a transaction of a prescribed kind or in prescribed circumstances.
(4)A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—
(a)a specified body, or
(b)the Secretary of State.
(5)Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.
(6)Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.
(7)An order under subsection (6) may, in particular—
(a)provide for a contract or other agreement to be of no effect;
(b)vary the terms of a contract or other agreement;
(c)require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;
(d)require money to be paid to the Secretary of State by or on behalf of any other specified person;
(e)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.
(8)Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—
(a)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,
(b)the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and
(c)a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.
Textual Amendments
F224Words in s. 141(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 182(a) (with art. 10)
F225Words in s. 141(1)(d) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 182(b) (with art. 10)
Commencement Information
I47S. 141 wholly in force at 1.1.2001; s. 141 not in force at Royal Assent see s. 154; s. 141 in force (E.) at 10.8.2000 by S.I. 2000/2114, art. 2(2), Sch. Pt. II; s. 141 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.
Marginal Citations
(1)Section 18 of the M41Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—
(a)for subsection (1)(aa) substitute—
“(aa)provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
(ab)provide education which is secondary education by virtue of section 2(2B) of the M42Education Act 1996 (definition of secondary education),
(ac)participate in the provision of secondary education at a school,”,
and
(b)after subsection (1) insert—
“(1A)A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate.”
(2)Section 124 of the M43Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—
(a)after subsection (1)(b) insert—
“(ba)to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
(bb)to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
(bc)to participate in the provision of secondary education at a school,”,
and
(b)after subsection (1) insert—
“(1A)A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.”
Commencement Information
I48S. 142 wholly in force at 1.4.2001; s. 142 not in force at Royal Assent see s. 154; s. 142 in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 142 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)Section 28 of the M44Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—
(a)in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “ for the purposes of this section ”,
(b)subsection (2)(b) shall cease to have effect, and
(c)after subsection (2)(c) add—
“or
(d)an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.”
(2)The following shall be substituted for section 30 of the M45Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—
(1)Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide—
(a)for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
(b)for the majority of members of the governing body to be such governors.
(2)This section applies to—
(a)an institution which, when designated, was a voluntary aided school, and
(b)an institution specified, or falling within a class specified, by the Secretary of State by order.
(3)The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
(4)The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.”
(3)Section 32(2A) of the M46Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.
(4)The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the M47Further and Higher Education Act 1992.
(5)The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the M48Further and Higher Education Act 1992.
(6)An order under subsection (4) or (5) may—
(a)make provision similar to any provision of section 18 or 19 of the M49Further and Higher Education Act 1992 (further education corporation: powers);
(b)make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the M50Further and Higher Education Act 1992 (government and conduct of designated institutions);
(c)make provision expressed to have effect subject to the institution’s instrument or articles of government;
(d)make provision which confers exempt charitable status (for the purposes of the M51Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;
(e)make provision about the discontinuance of the institution;
(f)make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).
(7)Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—
(a)the governing body of the institution, and
(b)the trustees of any trust relating to the institution.
Commencement Information
I49S. 143 wholly in force at 1.4.2001; s. 143 not in force at Royal Assent see s. 154; s. 143(1)(b)(c)(2)(4)(6)(7) in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 143(1)(a)(3) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 143 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the M52Further and Higher Education Act 1992 (transfer of property on designation of institution).
(2)This section also applies to land which—
(a)is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
(b)was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the M53Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the M54School Standards and Framework Act 1998 (grants).
(3)If trustees dispose of land to which this section applies they shall notify the appropriate[F226authority].
(4)If trustees dispose of land to which this section applies they shall pay to the appropriate [F227authority] so much of the proceeds of disposal as may be determined to be just—
(a)by agreement between the trustees and the [F227authority], or
(b)in default of agreement,
[F228(i)if the land is in England, the Secretary of State;
(ii)if the land is in Wales, by an arbitrator to be appointed (the expense of which shall be borne equally by the trustees and the National Assembly for Wales) in default of agreement, by the President of the Chartered Institute of Arbitrators].
(5)In making a determination under subsection (4) regard shall be had, in particular, to—
(a)the value of the land at the date of the determination, and
(b)any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.
(6)More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
(7)If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—
(a)they shall be treated for the purposes of this section as having disposed of the land, and
(b)subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
(8)Where a designated institution has ceased to exist—
(a)this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
(b)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 M55Further and Higher Education Act 1992).
(9)In this section “the appropriate [F229authority]” means—
[F230(a)the Young People’s Learning Agency for England, in respect of land in England held for the purposes of a sixth form college;
(aa)the Chief Executive of Skills Funding, in respect of any other land in England;]
(b)the [F231National Assembly for Wales], in respect of land in Wales.
Textual Amendments
F226Word in s. 144(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(a) (with art. 7)
F227Word in s. 144(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(b) (with art. 7)
F228Word in s. 144(4)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(c) (with art. 7)
F229Word in s. 144(9) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(i) (with art. 7)
F230S. 144(9)(a)(aa) substituted for s. 144(9)(a) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 100 (with art. 2(3))
F231Words in s. 144(9)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(ii) (with art. 7)
Commencement Information
I50S. 144 wholly in force at 1.4.2001; s. 144 not in force at Royal Assent see s. 154; s. 144 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 144 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
(2)If—
(a)the member of the body applies to a court for an order under this subsection, and
(b)the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,
the court may make an order extinguishing, reducing or varying the liability.
(3)The bodies referred to in subsection (1) are—
(a)a further education corporation established by virtue of section 15, 16 or 47 of the M56Further and Higher Education Act 1992,
[F232(aa)a sixth form college corporation as defined in section 90 of that Act,] and
(b)a body corporate established by virtue of section 143(4) or (5) of this Act.
(4)Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—
(a)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
(b)is of a kind which the court could have made if the liability had already been incurred.
(5)In subsections (2)(a) and (4) “a court” means the High Court or a county court; but this subsection is subject to any order under section 1 of the M57Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).
Textual Amendments
F232S. 145(3)(aa) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 101 (with art. 2(3))
Commencement Information
I51S. 145 wholly in force at 1.1.2001; s. 145 not in force at Royal Assent see s. 154; s. 145 in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 145 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch
Marginal Citations
(1)The M58Teaching and Higher Education Act 1998 shall be amended as follows.
(2)In section 22 (new arrangements for giving financial support to students)—
(a)in subsection (1) for “attending” substitute “ undertaking ”, and
(b)in subsections (2)(h) and (7) omit “attendance on”.
(3)In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—
(a)for “at” substitute “ with ”, and
(b)for “attending” substitute “ undertaking ”.
(4)In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “ undertaking ”.
(5)In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “ undertaking ”.
Marginal Citations
(1)The M59Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
F233(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In Article 3 (new arrangements for giving financial support to students)—
(a)in paragraph (1) for “attending” substitute “ undertaking ”;
(b)in paragraphs (2)(h) and (7) omit “attendance on”.
(4)In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—
(a)for “at” substitute “ with ”, and
(b)for “attending” substitute “ undertaking ”.
F233(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F233S. 147(2)(5) repealed (13.2.2006) by The Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116), art. 1(3), Sch.; S.R. 2006/30, art. 2
Marginal Citations
(1)The M60Education Act 1996 shall be amended as follows.
(2)F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.
(4)After subsection (1) of that section insert—
“(1A)The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—
(a)they learn the nature of marriage and its importance for family life and the bringing up of children, and
(b)they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
(1B)In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.
(1C)Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
(1D)The Secretary of State may at any time revise his guidance under subsection (1A).”
(5)In subsection (2) of that section—
(a)for “subsection (1)” substitute “ this section ”, and
(b)at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”
(6)In section 404 (sex education: statements of policy) after subsection (1) insert—
“(1A)A statement under subsection (1) must include a statement of the effect of section 405.”
Textual Amendments
F234S. 148(2) repealed (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
Commencement Information
I52S. 148 wholly in force at 1.4.2001; s. 148 not in force at Royal Assent see s. 154; s. 148 in force for E. at 1.11.2000 by S.I. 2000/2559, art. 2(2), Sch. Pt. II; s. 148 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II
Marginal Citations
Schedule 9 contains miscellaneous and consequential amendments.
Commencement Information
I53S. 149 partly in force; s. 149 not in force at Royal Assent see s. 154; s. 149 in force insofar as it relates to specified provisions of Sch. 9 (in some cases for limited extents and purposes) as follows: at 3.8.2000 and 1.9.2000 by S.I. 2000/2114, art. 2(1)(3), Sch. Pts. I, III; at 19.9.2000 by S.I. 2000/2540, art. 2, Sch.; at 1.10.2000 and 1.1.2001 by S.I. 2000/2559, art. 2, Sch. Pts. I, III; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pts. II, III and S.I. 2001/1274, art. 2, Sch. Pts. I, II; at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I
(1)Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—
(a)the function shall be exercisable in relation to Wales by the National Assembly for Wales, and
(b)for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.
(2)Where—
(a)this Part confers a function on the Secretary of State by amendment of an Act, and
(b)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 M61Government of Wales Act 1998 (transfer of functions),
the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).
(3)Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).
(4)This section shall not apply in relation to—
(a)section F235... 92, 104, 134 [F236, 144] or 154 of this Act,
(b)the amendment of section 1(3) of the M62Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,
(c)the amendment of section 26 of the M63Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act F237...
(d)F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F235Reference in s. 150(4)(a) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 63, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
F236Reference in s. 150(4)(a) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 78 (with art. 7)
F237S. 150(4)(d) and word repealed by Equality Act 2010 (c. 15), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))
Marginal Citations
(1)[F238Part 1] of Schedule 10 [F239contains] transitional provisions relating to—
(a)the dissolution of the Further Education Funding Councils, and
(b)the establishment of the Learning and Skills Council for England F240....
F241(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Part IV of Schedule 10 contains transitional provision relating to the M64Education (Student Loans) Act 1990.
(4)Nothing in that Schedule prejudices the generality of section 152(6).
Textual Amendments
F238Words in s. 151(1)(a) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 79(a) (with art. 7)
F239Word in s. 151(1)(a) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 79(a) (with art. 7)
F240Words in s. 151(1)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 79(b) (with art. 7)
F241S. 151(2) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 64, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
Marginal Citations
(1)Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
(2)A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—
(a)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
(b)regulations made by the Secretary of State under any provision of this Act.
F242(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242(2D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.
(4)The power of [F243the Department for Employment and Learning] in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the M65Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the M66Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
[F244(4A)Any statutory instrument containing regulations made by the Welsh Ministers under section 33D(3), 33E(3), 33G(3), 33I(3), 33P or 33Q is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(4B)No order shall be made by the Welsh Ministers under section 33G(5), 33I(5) or 33M unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.]
(5)An order or regulations under this Act may make different provision for different purposes.
(6)An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.
Textual Amendments
F242S. 152(2A)-(2D) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 40, Sch. 2 Pt. 1 (with art. 2(3))
F243Words in s. 152(4) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
F244S. 152(4A)(4B) inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 39, 49(2); S.I. 2011/97, art. 2(1)(n)
Marginal Citations
Schedule 11 contains repeals.
Commencement Information
I54S. 153 partly in force; S. 153 not in force at Royal Assent see s. 154; s. 153 in force so far as it relates to specified repeals in Sch. 11 (in some cases for limited extents or purposes) as follows: at 1.10.2000 and 1.11.2000 by S.I. 2000/2559, art. 2(1)(2), Sch. Pts. I, II; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pts. II, III and S.I. 2001/1274, art. 2 Sch. Pts. I, II; at 1.4.2002 by S.I. 2001/2705, art. 2 Sch. Pt. I
(1)The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—
(a)Parts I and III,
(b)sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,
(c)in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,
(d)Part IV of Schedule 10, and
(e)in Schedule 11, the repeals in section 91 of the M67Further and Higher Education Act 1992 and section 142 of the M68School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).
(2)The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—
(a)Parts II and IV, and
(b)sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.
(3)If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.
(4)If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.
(5)Subsections (3) and (4) do not apply to—
(a)a provision mentioned in subsection (1) or (2),
(b)any of sections 130, 131, 150, 151, 152, 155 and 156,
(c)Schedule 8,
(d)any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,
(e)Parts I to III of Schedule 10, or
(f)this section.
(6)The Secretary of State may by order make provision—
(a)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
(b)in consequence of one provision of this Act being brought into force before another.
(7)The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
(8)An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.
Subordinate Legislation Made
P1S. 154(1)(3) power partly exercised: different dates appointed for specified provisions by: S.I. 2000/2540, art. 2, Sch.; S.I. 2000/2114, art. 2, Sch.; S.I. 2000/2559, art. 2, Sch.; S.I. 2000/3230, art. 2, Sch; S.I. 2001/654, art. 2 Sch; S.I. 2001/1274, art. 2 Sch; S.I. 2001/2705, art. 2 Sch.; S.I. {2002/279}, art. 2 (with transitional provisions in art. 3)
Marginal Citations
(1)Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.
(2)Section 107 extends to England and Wales and Northern Ireland.
(3)Sections 106, 109 and 147 extend to Northern Ireland only.
(4)Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
(5)Subject to the above, this Act extends to England and Wales only.
This Act may be cited as the Learning and Skills Act 2000.
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